ML20029C145

Forwards Affidavit to Support Proprietary Designation of 910213 Submittal of Responses to NRC Question Re Topical Rept DPC-NE-3001.Rept Originally Submitted by

ML20029C145
Person / Time
Site:	Mcguire, Catawba, McGuire
Issue date:	03/19/1991
From:	Tuckman M DUKE POWER CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NUDOCS 9103260273
Download: ML20029C145 (5)

Text

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(TotSti3NI DUKE POWER a

March 19, 1991 U.

S.. Nuclear Regulatory Commission ATIN: Document Control Desk Washington, D. C.

20555

Subject:

McGuire Nuclear Station Docket Numbers 50-369 and -370 Catawba Nuclear Station Docket Numbers 50-413 and -414 Proprietary Designation of Supplementary Information Relative to Topical Report DPC-NE-3001 LBy_ letter dated February-13, 1991, Duke Power Company submitted responses. to NRC _ Staf f questions relative to Duke-proprietary-Topical Report DPC-NE-3001. While internation in the responses was designated as proprietary. by means of the. word " proprietary" stamped at - the top -of the affected pages, and the appropriate 4

information identified by brackets, the letter did not reference the - af fidavit. to support the proprietary designation which was submitted with the original Topical Report by letter dated January 29, 1990.

For your convenience, that affidavit is attached.

Pursuant ' to 10CFR 2.790, and the terms of that affidavit, we request'that the information in the responses so designated'in the.

-February 13, 1991 submittal be considered proprietary and withheld from public disclosure. We regret any inconvenience this oversight

-may.have caused.

If there are any questions, please call Scott Gewehr at (704) 373-7581.-

Very truly yours,-

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we M.; S. Tuckman topprop/ sag 9103260273 910319-l gDR ADOCK 05000369 6\\

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Nuclear Regulatory Commission

, March 19, 1991 Page 2 cc:

Mr. T. A. Reed, Project Manager Office of Nuclear Reactor Regulttion U.

S. Nuclear Regulatory Commisuion Mail Stop 9H3, OWFN Washington, D.

C.

20555 Mr. R.E. Martin, Project Manager office of Nuclear Reactor Regulation U.

S.

Nuclear Regulatory Commission Mail Stop 9H3, OWFN Washington, D.

C.

20555 Mr.

S. D.

Ebneter, Regional Administrator U.S. Nuclear Regulatory Commission - Region II 101 Marietta Street, NW - Suite 2900 Atlanta,_ Georgia 30323 1

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3 AFFIDAVIT OF TED C.

McMEEKIN 1.

I am Vice President, Design Engineering Department of Duke Power Company

(" Duke") and as such have the responsibility of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for ita withholding on behalf of Duke, 2.

I am making this affidavit in conformance with the provisions of 10 CFR 52.790 of the regulations of the Nuclear Regulatory Commission ("NRC")

and in conjunction with Duke's application for withholding which accompanies this affidavit.

3.

I have knowledge of the criteria used by Duke in designating information as proprietary or confidential.

4.

Pursuant to the provisions of paragraph (b)(4) of 10 CFR52.790, the following is furnished for consideration by the NRC in determining whether the information sought to be withheld from public disclosure should be withheld.

(i)

The information sought to be withheld from public disclosure is owned by Duke and has been held in confidence by Duke and its consultants.

(ii) The informa*. ion is of a type that would customarily be held in confidence by Duke.

The information consists of analysis roethodology details, enalysis results, supporting data, and aspects of development programs, relative to a method of analysis that provides a competitive advantage to Duke.

(a) The use of the information by a competitor would greatly reduce its expenditure in qualifying similar methodologies.

(b)

It reveals aspects of a methodology with potential commercial value to Duke Power.

(iii) The information was transmitted to the NRC in confidence and under the provisions of 10 CFR 2.790, it is to be receive <. in confidence by the NRC.

(iv) The information sought to be protected is not available in public sources to the best of our knowledge and belief.

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Ted C. McMeekin (continued)

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AFFIDAVIT OF TED'C. McMEEKIN (page 2)

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_(v): The proprietary-information sought.to be withheld-in-this submittal.

-is that which11s marked in'the proprietary version of-_the report-

DpC-NE-3001-p, Safety Analysis-physics parameters.and-

' Multidimensional Reactor Transients Methodology,~and-omitted from 2

the non-proprietary version.-

$l This information enables Duke to:'

(

(a)'(Systematically confirm that. reload physics parameters-important to FSAR Chapter 15 transients"and accidents are bounded by values' assumed in_the-licensing analyses._

'(b) Simulate'the following Chapter: 15 events:

the rod ejection accident, the main steam.line_ break, and the dropped rod

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transient.

(vi) -The proprietary.information sought to_be-withheld from public disclosure has-substantial commercial'value to Duke.

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(a) :It allows Duke to_ reduce vendor'and consultant expenses _-

associated'with supporting-the operation and licensing of nuclear-power plants.

(b) LDuke intends to.eell the information to nuclear utilities, 1

vendors,.and' consultants _forethe purpose of supporting the' a

operation and licensing'of nuclear-power plants.-

(c) The' subject information'could onlyLbe duplicated:by competitors at similar expense-to that incurred by Duke.

~5.-

public disclosure of this information is-likely-to-cause harm:to the

~ position of Duke because it would allow competitors in_the nuclear-F industry _to benefit from the results of_a significant development program 2 without requiring a commensurate expense _or_ allowing' Duke-to-recoup a-o

portion of its. expenditures 1or benefit from the sale of'the information.-

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AFFIDAVIT-OF TED C. McMEEKIN-(Page 3)1 LTed C.'McMeekin, being' duly sworn, on his oath deposes.and says that he is the person who subscribed his name to.the foregoing statement, and-that the-

- matters:and facts' set forth'in the statement are true.

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Ted C. McHeekin Sworn to'and subscribed before me this /f day of h///4/z

, 1990.

' Witness my nand and. official seal.

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