ML17121A343

Request for Withholding Information from Public Disclosure

ML17121A343
Person / Time
Site:	Oconee
Issue date:	05/25/2017
From:	Audrey Klett Plant Licensing Branch II
To:	Teresa Ray Duke Energy Carolinas
Koenick S, NRR/DORL/LPLII-1, 415-6631
References
CAC MF9377, CAC MF9378, CAC MF9379
Download: ML17121A343 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 25, 2017 Mr. Thomas D. Ray Site Vice President Oconee Nuclear Station Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672-0752

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3- REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS.

MF9377, MF9378, AND MF9379)

By letter dated May 26, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession Package No. ML16152A128), Duke Energy Carolinas, LLC (Duke, the licensee) submitted an affidavit dated May 4, 2016, executed by Morris Byram, AREVA Inc.

(AREVA), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

MRP-227-A Applicant/Licensee Action Item 6 Analysis for the Oconee Nuclear Station Units 1, 2, and 3; ANP-3477P (Rev. O); [Proprietary]; dated May 2016.

The information is included in Attachment 3 to the licensee's letter dated May 26, 2016.

A nonproprietary version of ANP-3477P, Rev. 0, designated as Attachment 1 to the licensee's letter dated May 26, 2016, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to ADAMS in the NRC Library at Accession No. ML16152A052.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA in product optimization or marketability.

T. Ray The staff reviewed the application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted information marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, the staff may send copies of this information to its consultants working in this area and will ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, the licensee should promptly notify the NRC. The licensee should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes the proprietary information. In all review situations, if the NRC makes a determination adverse to the above, the staff will notify the licensee in advance of any public disclosure.

If the licensee has any questions regarding this matter, it may contact Ms. Audrey Klett at 301-415-0489 or via email at Audrey.Klett@nrc.gov.

Sincerely, Audrey L. Klett, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270 and 50-287 cc: Morris Byram Manager, Product Licensing AREVA Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional Distribution via Listserv

ML17121A343 *by email OFFICE NRR/DORL/LPL2-1 /PM NRR/DORL/LPL2-1/LA NRR/DE/EVIB/BC*

NAME SKoenick (AKlett for) KGoldstein DRudland DATE 05/24/2017 05/04/17 05/25/2017 OFFICE NRR/DORL/LPL2-1/BC NRR/DORL/LPL2-1 /PM NAME MMarkley AKlett DATE 05/25/2017 05/25/2017