ML20212A413

Informs That TR DPC-NE-2009P Submitted in 990817 Affidavit, Marked Proprietary,Will Be Withheld from Public Disclosure, Pursuant to 10CFR2.709(b) & Section 103(b) of Atomic Energy Act of 1954,as Amended

ML20212A413
Person / Time
Site:	Catawba, McGuire, Mcguire
Issue date:	09/14/1999
From:	Tam P NRC (Affiliation Not Assigned)
To:	Tuckman M DUKE POWER CO.
References
TAC-MA2359, TAC-MA2361, TAC-MA2411, TAC-MA2412, NUDOCS 9909160196
Download: ML20212A413 (5)

Text

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. m asam y q UNITED E TATES g ,g NUCLEAR REGULATURY COMMISSION

'2 WASHINGTON, D.C. 20566 4001 U+9 ,o

.... SEP 14 gg Mr. M; S. Tuckman

. Executive Vice President Nuclear Generation-

! Duke Energy Corporation 526 South Church Street

! .P. O. Box 1006 Charlotte, North Carolina 28201-1 I

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE l MCGUIRE NUCLEAR STATION, UNITS 1 AND 2; CATAWBA NUCLEAR l l

STATION, UNITS 1 AND 2 (TAC MA2359, MA2361, MA2411 And MA2412)

Dear Mr. Tuckman:

. By letter and affidavit dated August 17,1999, you submitted revised pages for topical report

- DPC-NE-2009P, ' Duke Power Company Westinghouse Fuel Transition Report,' and requested l

that it be withheld from public disclosure pursuant to 10 CFR 2.790. You also provided a nonproprietary. version of those pages for placement in the NRC's public document room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasonsi (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 information is of a type that would customarily be held in confidence by Duke. The information consists of analysis methodology details, analysis results, supporting data, and aspects of development programs relative to a method of analysis that provides a competitive advantage to Duke.

(iii) The information was transmitted to the NRC in confidence, and under

' the provisions of 10 CFR 2.790, it is to be received in confidence by the NRC.

_ (iv)' The information sought to be protected is not available in public to the best of [ Duke's] knowledge and belief.

(V) The proprietary information sought to be withheld in this submittal is that which is marked in the proprietary version of the Duke Topical Report designated DPC-NE-2009P, Duke Power Company Westinghouse Fuel Transition Report, and omitted from the non-proprietary version. This topical report was submitted to the NRC by Duke letter dated July 22,1998,' and revised by Duke letter dated August 17,1999.

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'(Vi) The propnetary information sought to be withheld from public disclosure has substantial commercial value to Duke -

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9909160196 990914

, , PDR ADOCK 05000369.

P PDR

2 l

M. S. Tuckman l i

We have reviewed your application and the material in acc::rdance with the requirements of b- 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.

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, i

l 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 j information to our consultants working in this area. We will, of course, ensure that the i 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 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 your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure. 1 If you have any questions regarding this matter, please call me at (301)415-1451.

Sincerely, Peter S. Tam, Senior Project Manager, Section 1 Project Directorate il Division of t_icensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-369,50-370,50-413, and 50-414 -

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cc: See next page

M. S. Tuckm:n 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 commercialinformation 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 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

I Withholding from public inspection shall not affect the right, if any, of persons property and directly concemed 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 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 your information. In all review situations, if the NRC makes a determination l adverse to the above, you will be notified in advance of any public disclosure. i l

If you have any questions regarding this matter, please call me at (301)415-1451.  !

Sincerely O c y d e ( c b M A b'(

Peter S. Tam, Senior Project Manager, Section i Project Directorate il Division of Licensing Project Management l Office of Nuclear Reactor Regulation Docket Nos. 50-369,50-370,50-413, and 50-414 cc: See next page Distribution:

Docket File MPSiemien, OGC PUBLIC COgle, Ril PD 11-2 Rdg. YHsil HBerkow CHawes ,

PTam FRinaldi To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE PM:PDil-1 _l- PM:PDll-1,J LA:PDll-1 l OGC-NN lC PDil-1/SC _

NAME PTam:mw (ff T FRinaldi Q[I CHawes/'nt// MPSiemie'n REmch M DATE V /f /99 i/f/99 0 9 / f/99' /W99 4 ////99 DOCUMENT NAME: G:\PDil-1\CATAWE A\C2359 PRO.WPD . OFFICIAL RECORD COPY

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McGuire Nuclear Station Catawba Nuclear Station cc:

Ms. Lisa F. Vaughn Mr. Richard M. Fry, Director Legal Department (PBOSE) Division of Radiation Protection Duke Energy Corporation North Carolina Department of 422 South Church Street Environment, Health, und Charlotte, North Carolina 28201-1006 Natural Resources 3825 Barrett Drive County Manager of Mecklenburg County Raleigh, North Carolina 27609-7721 720 East Fourth Street Charlotte, North Carolina 28202 Ms. Karen E. Long {

Assistant Attorney General Mr. Michael T, Cash North Carolina Department of Regulatory Compliance Manager Justice Duke Energy Corporation P. O. Box 629 McGuire Nuclear Site Raleigh, North Carolina 27602 127.00 Hagers Ferry Road Huntersville, North Carolina 28078 L. A. Keller Manager - Nuclear Regulatory Anne Cottington, Esquire Licensing Winston and Strawn Duke Energy Corporation 1400 L Stniet, NW. 526 South Church Street Washington, DC 20005 Charlotte, North Carolina 28201-1006 .

Senior Resident inspector Elaine Wathen c/o U. S. Nuclear Regulatory Lead REP Planner Commission Division of Emergency Management 12700 Hagers Ferry Road 116 West Jones Street Huntersvilie, North Carolina 28078 Raleigh, North Carolina 27603-1335 Mr. Steven P. Shaver a Mr. T. Richard Puryear ,

Senior Sales Engineer Owners Group (NCEMC) l Westinghouse Electric Company Duke Energy Corporation ,

5929 Carnegie Blvd. 4800 Concord Road i Suite 500 York, South Carolina 29745 Charlotte, North Carolina 28209 Dr. John M. Barry Mecklenburg County '

Department of Environmental i Protection 700 N. Tryon Street Charlotte, North Carolina 28202

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,o McGuire Nuclear Station Catawba Nuclear Station L

cc:

' Mr. Gary Gilbert North C:rolix Electric Membership Regulatory Compliance Manager . Corporation Duke Energy Corporation P. O. Box 27306 4800 Concord Road . Raleigh, North Carolina 27611 York, South Carolina 29745 Senior Resident inspector North Carolina Municipal Power 4830 Concord Road Agency Number 1 York, South Carolina 29745 1427 Meadowwood Boulevard P. O. Box 29513 Mr. G. R. Peterson Raleigh, North Carolina 27626-0513 Site Vice President Catawba Nuclear Station County Manager of York County Duke Energy Corporation York County Courthouse . 4800 Concord Road York, South Carolina 29745 York, South Carolina 29745

- Piedmont Municipal Power Agency Mr. H. B. Barron 121 Village Drive Vice President, McGuire Site Greer, South Carolina 29651 - Duke Energy Corporation l 12700 Hagers Ferry Road j Saluda River Electric Huntersville, North Carolina 28078 -

P. O. Box 929 Laurens, South Carolina 29360

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Virgil R. Autry, Director Division of Radioactive Waste Management Bureau of Solid and Hazardous Waste Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 m

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