ML18218A350

Request for Withholding Information from Public Disclosure Duke Energy Response to NRC Request for Additional Information

ML18218A350
Person / Time
Site:	Oconee
Issue date:	08/13/2018
From:	Audrey Klett Plant Licensing Branch II
To:	Burchfield J Duke Energy Carolinas
Klett A, 415-0489
References
EPID L-2017-LLA-0365
Download: ML18218A350 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 13, 2018 Mr. J. Ed Burchfield, Jr.

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 RE: DUKE ENERGY RESPONSE TO NRC REQUEST FOR ADDITIONAL INFORMATION (EPID NO. L-2017-LLA-0365)

Dear Mr. Burchfield:

By letter RA-18-0098 dated July 20, 2018 (Agencywide Documents Access and Management System Accession No. ML18214A364), Duke Energy Carolinas, LLC (the licensee) submitted an affidavit dated July 12, 2018, which was executed by Mr. Joseph Donahue of the licensee's staff, 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 for Oconee Nuclear Station, Units 1, 2, and 3:

Enclosure 2 - Duke Energy Response to NRC Request for Additional Information (Proprietary).

A non-proprietary version of the above document is available in Enclosure 1 of the licensee's letter dated July 20, 2018.

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

4.(vi) The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke Energy.

(a) Duke Energy uses this information to reduce vendor and consultant expenses associated with supporting operation and licensing of nuclear power plants.

(b) Duke Energy can sell the information to nuclear utilities, vendors, and consultants for the purpose of supporting operation and licensing of nuclear power plants.

( c) The subject information could only be duplicated by competitors at similar expense incurred by Duke Energy.

J. E. Burchfield The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the aforementioned document 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 NRC may send copies of this information to its consultants. The NRC will ensure that its 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 licensee. The NRC may revisit this determination in the future if, for example, the scope of a Freedom of Information Act request includes this information. The NRC will notify the licensee in advance of any public disclosure if the NRC makes such a determination.

Any questions regarding this matter can be directed to me at 301-415-0489 or Audrey.Klett@nrc.gov.

Sincerely, Audrey 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: Joseph Donahue Vice President Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672-0752 Additional Distribution via Listserv

ML18218A350 *by email OFFICE DORL/LPL2-1 /PM DORL/LPL2-1 /LA DSS/SRXB/BC NAME AKlett KGoldstein JWhitman DATE 8/7/18 8/8/18 8/10/18 OFFICE DORL/LPL2-1 /BC DORL/LPL2-1/PM NAME MMarkley AKlett DATE 8/13/18 8/13/18