ML20137A146

Grants Requests to Withhold 851029 Application & Affidavit Re Resistance Temp Detector Bypass Elimination Licensing Rept Per 10CFR2.790

ML20137A146
Person / Time
Site:	Mcguire, McGuire
Issue date:	01/08/1986
From:	Youngblood B Office of Nuclear Reactor Regulation
To:	Tucker H DUKE POWER CO.
References
NUDOCS 8601140189
Download: ML20137A146 (3)

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[k) Efg Iog UNITED STATES e n NUCLEAR REGULATORY COMMISSION 5  : E WASHINGTON, D. C. 20555

%*****/ JEN o 81986 Docket Nos.: 50-369 and 50-370 Mr. H. B. Tucker, Vice President Nuclear Production Department Duke Power Company 422 South Church Street Charlotte, North Carolina 28242

Subject:

Request for Withholding Information from Public Disclosure By your application and affidavit dated October 29, 1985, you submitted RTO Bypass Elimination Licensing Report for McGuire, Units 1 and 2, and requested.

that it be withheld from public disclosure pursuant to 10 CFR 2.790. -

You stated that the submitted information should be considered exempt from man-datory public disclosure for the following reasons:

a. The information is owned and has been held in confidence by Westinghouse.

b. The infonnation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public, and a rational basis therefor is provided.

l c. The information has been transmitted to and received by the Commission in confidence.

d. The information is not available in public sources.

e. Public disclosure of the information is likely to cause substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790. On the basis of Westinghouse's statements, we have determined that the right of the public to be fully apprised.as to the bases for and effects of the proposed action does not outweigh the demon-strated concern for protection of a competitive position and that the sub-mitted information sought to be withheld contains trade secrets or proprietary commercial information.

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't JAN 0 81935 Mr. H. B. Tucker Therefore, the version of the submitted infomation marked 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, if any, of per-sons 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, insure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from p'blic u 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 should also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, B. J. Youngblood, Director PWR Project Directorate #4 Division of PWR Licensing-A, NRR cc: See next page g DISTRIBUTI0t(:

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~ p JAN 0 81966 Mr. H. B. Tucker Duke Power Company McGuire Nuclear Station cc:

Mr. A. Carr Dr. John M. Barry Duke Power Company Department of Environmental Health P. O. Box 33189 Mecklenburg County 422 South Church Street 1200 Blythe Boulevard Charlotte, North Carolina 28242 Charlotte, North Carolina 28203 Mr. F. J. Twogood County Manager of Mecklenburg County Power Systems Division 720 East Fourth Street Westinghouse Electric Corp. Charlotte, North Carolina 28202 P. O. Box 355 Pittsburgh, Pennsylvania 15230 Chairman, North Carolina Utilities Commission Mr. hobert Gill Dobbs Building Duke Power Company 430 North Salisbury Street Nuclear Production Department Raleigh, North Carolina 27602 P. O. Box 33189 Charlotte, North Carolina 28242 Mr. Dayne H. Brown, Chief Radiation Protection Branch J. Michael McGarry, III, Esq. Division of Facility Services Bishop, Liberman, Cook, Purcell Department of Human Resources  ;

and Reynolds P.O. Box 12200 1200 Seventeenth Street, N.W. Raleigh, North Carolina 27605 Washington, D. C. 20036 Senior Resident Inspector c/o U.S. Nuclear Regulatory Commission Route 4, Box 529 Hunterville, North Carolina 28078 Regional Administrator, Region II U.S. Nuclear Regulatory Commission, 101 Marietta Street, N.W., Suite 2900

." Atlanta, Georgia 30323 L. L. Williams Operating Plants Projects Regional Manager Westinghouse Electric Corporation - R&D 701 P. O. Box 2728 Pittsburgh, Pennsylvania 15230

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