ML18016A873

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Advises That Info Contained in Holtec Rept HI-97160, Licensing Rept for Expanding Storage Capacity in Plant Spent Fuel Pools C & D, Will Be Withheld from Public Disclosure,Per 10CFR2.790
ML18016A873
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 03/26/1999
From: Richard Laufer
NRC (Affiliation Not Assigned)
To: Pellet S
AFFILIATION NOT ASSIGNED
References
TAC-MA4432, NUDOCS 9904010028
Download: ML18016A873 (8)


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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 205550001 March 26, 1999 Mr. Scott H. Pellet, Project Manager Holtec International 555 Lincoln Drive West Marlton, NJ 08053

SUBJECT:

REQUEST FOR WITHHOLDINGINFORMATIONFROM PUBLIC DISCLOSURE SHEARON HARRIS NUCLEAR POWER PLANT (TAC NO. MA4432)

Dear Mr. Pellet:

By letter dated December 23, 1998, Carolina Power & Light (CP&L) submitted an amendment request to expand the spent fuel storage capacity at the Shearon Harris Nuclear Power Plant by placing spent fuel pools 'C'nd 'D'nto service.

By letter dated March 15, 1999, CP8 L supplemented their December 23, 1998, request, by providing Revision 3 if both the proprietary and non-proprietary versions of the Holtec report HI-97160, "Licensing Report for Expanding Storage Capacity in Harris Spent Fuel Pools C and D." Revision 3 was submitted to reflect a reduction in the amount of information designated as proprietary and did not change the substantive information and data provided in Revision 2 of the reports submitted on December 23, 1998.

Included in CP&L's March 15, 1999, submittal, was your affidavit dated February 18, 1999, requesting that the proprietary version of Revision 3 of the Holtec Report be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a)

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec international constitutes a competitive advantage over the other companies; (b)

Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; (c)

Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International; (d)

Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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Harch 26, 1999 Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, ifany, of persons properly and directly concerned to inspect the documents.

Ifthe need arises, we may send copies of this information to our consultants working in this area.'e will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

Ifthe 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, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, ifthe scope of a Freedom of Information Act request includes your information. In all review situations, ifthe NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Ifyou have any questions regarding this matter, I may be reached at 301-415-1373.

9 Sincerely, J

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,,- Original signed by:

'Richard J. Laufer, Proje'ct Manager

'roject Directorate II-3 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-400 cc: See next page

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I It Therefore, the version of the submitted information'marked as proprietary willbe withheld from public disclosure pursuant to 10 CFR 2.790(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, we may send copies of this information to our consultants working in this area.

We will,of course, 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, you should, promptly notify the NRC. You also should u'nderstand 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 your information. In all review situations, if the NRC makes a determination adverse to the above, you willbe notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1373.

Sine'erely, Richard J, Laufer, Project Manager Project Directorate II-3 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-400 cc: See next page

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Carolina Power 8 Light Company Shearon Harris Nuclear Power Plant Unit 1 CC:

Mr. William D. Johnson Vice President and Corporate Secretary Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 Resident Inspector/Harris NPS c/o U.S. Nuclear Regulatory Commission 5421 Shearon Harris Road New Hill, North Carolina 27562-9998 Ms. Karen E. Long Assistant Attorney General State of North Carolina Post Office Box 629 Raleigh, North Carolina 27602 Public Service Commission State of South Carolina Post Office Drawer Columbia, South Carolina 29211 Mr. John H. O'eill, Jr.

Shaw, Pittman, Potts 8 Trowbridge 2300 N Street, NW.

Washington, DC 20037-1128 Mr. Mel Fry, Director Division of Radiation Protection N.C. Department of Environment and Natural Resources 3825 Barrett Dr.

Raleigh, North Carolina 27609-7721 Mr. Terry C. Morton Manager Performance Evaluation and Regulatory Affairs CPB 9 Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602-1551 Mr. Bo Clark Plant General Manager - Harris Plant Carolina Power & Light Company Shearon Harris Nuclear Power Plant P.O. Box 165 New Hill, North Carolina 27562-0165 Director of Site Operations Carolina Power 8 Light Company Shearon Harris Nuclear Power Plant Post Office Box 165, MC: Zone 1

New Hill, North Carolina 27562-0165 Mr. Robert P. Gruber Executive Director Public Staff NCUC Post Office Box 29520 Raleigh, North Carolina 27626 Chairman of the North Carolina Utilities Commission Post Office Box 29510 Raleigh, North Carolina 27626-0510 Mr. James Scarola Vice President-Harris Plant Carolina Power 8 Light Post Office Box 165, MC:Zone 1 New Hill, NC 27562-0165 Mr. Vernon Malone, Chairman Board of County Commissioners of Wake County P.

O. Box550 Raleigh, North Carolina 27602 Mr. Richard H. Givens, Chairman Board of County Commissioners of Chatham County P. O. Box 87 Pittsboro, North Carolina 27312 Ms. Donna B. Alexander, Manager Regulatory Affairs Carolina Power 8 Light Company Shearon Harris Nuclear Power Plant P.O. Box 165, Mail Zone 1

New Hill, NC 27562-0165 Mr. Johnny H. Eads, Supervisor Licensing!Regulatory Programs Carolina Power 8 Light Company Shearon Harris Nuclear Power Plant P. O. Box 165, Mail Zone 1

New Hill, NC 27562-0165

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