ML20216E022

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Requests That Proprietary Version of TR DPC-NE-3004, Mass & Energy Release & Containment Response Methodology, Be Withheld from Public Disclosure,Per 10CFR2.790.Affidavit Encl Which Was Inadvertently Left Out of 971218 Submittal
ML20216E022
Person / Time
Site: Mcguire, Catawba, McGuire  Duke Energy icon.png
Issue date: 03/11/1998
From: Tuckman M
DUKE POWER CO.
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NUDOCS 9803170397
Download: ML20216E022 (5)


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Duke Power Company A Duke Ewy Company EC07H 526 South Church Street P.O. Box 1006 Charlotte, NC 28201 1006 M. S. Tm kman Execuche Vice hesident (704)382-2200 omce Nucker Generation (704)382-4360 fax March 11, 1998 U. S. Nuclear Regulatory Commission Washington, D..C.

20555 Attention:

Document Control Desk

Subject:

McGuire Nuclear Station Docket Numbers 50-369 and -370 j

Catawbe Nuclear Station Docket Numbers 50-413, and -414 Publication of Approved Versions of Topical Report DPC-NE-3004 By letter dated December 18, 1997, Duke Power Company submitted approved Topical Report DPC-NE-3004, " Mass and Energy Release and Containment Response Methodology".

The submittal included 15 copies of the proprietary version of the topical report, as well as 13 copies of the non-proprietary version.

However, an affidavit was not included with this submittal for the proprietary version.

In accordance with 10 CFR 2.790, Duke requests that this information be withheld from j

public disclosure.

An affidavit which attests to the I

proprietary I.ature of this information is enclosed.

l-l If there -:.e any questions, please contact Lee Keller at i

(704)382-5826.

l Very tru)y yours, f

)<. 3. Gk gp '

M. S. Tuckman

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Enclosure h

hh 9903170397 980311 PDR ADOCK 05000369 P

PDR

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S. Nuclear Regulatory Commission Page 2 March 11, 1998

'xc:

Mr.

L. A. Reyes Administrator, Region II U. S. Nuclear Regulatory Commission Atlanta Federal Center 61 Forsyth St.,

SW, Suite 23T85 Atlanta, GA 30303 Mr.

F. Rinaldi U.

S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, DC 20555 Mr.

P. S. Tam U. S. Nuclear Regulatory Commission Mail Stop O-14 H25 Washington, DC 20555 Mr.

D. E. Labarge U.

S. Nuclear Regulatory Commission Mail Stop O-14 H25 Washington, DC 20555 Mr.

S. M. Shaeffer Senior Resident Inspector McGuire Nuclear Station Mr.

D.

J. Roberts Senior Resident Inspector Catawba Nuclear Station Mr. M. A. Scott Senior Resident Inspector Oconee Nuclear Station i

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AFFIDAVIT OF M. S. TUCKMAN 1.

I am Executive Vice President, Nuclear Generation Department, Duke Energy Corporation

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

2.

I am making this affidavit in conformance with the provisions of 10 CFR 2.790 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 i

CFR 2. 7 90, 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 pualic disclosure is owned by Duke and has been held in confidence by Duke and it consultants.

(ii) The information is of a type that would l

customarily be held in confidence by Duke.

The l

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 our knowledge and belief.

M.

t-"

M. S. Tuckman (continued) 1

a' AFFIDAVIT OF M. S. TUCKMAN (Page 2)

(v)

The proprietary information sought to be withheld in this submittal is that which is marked in the propric ary version of the report DPC-NE-3004P-A,

" Mass and Energy Release and Containment Response Methodology" and supporting documentation, and omitted from the non-proprietary versions.

This information enables Duke to:

(_ a) Respond to Generic Letter 83-11, " Licensee Qualification for Pcrforming Safety Analyses in Support of Licensing Actions."

(b) Respond to NRC requests for information regarding the transient response of Babcock &

Wilcox and Westinghouse pressurized water reactors.

(c) Support license amendment and Technical Specification revision requests for Babcock &

j Wilcox and Westinghouse PWRs.

l 1

1 (d) Perform safety reviews per 10 CFR 50.59.

(e) Enhance operation of and training programs related to nuclear power plants.

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

(a) It allows Duke to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power plants.

f (b) Duke intends to sell the information to nuclear utilities, vendors, and consultants for

)

the purpose of supporting the operation and licensing of nuclear power plants.

1

-).

M. S. Tuckman i

(continued)

,a AFFIDAVIT OF M. S. TUCKMAN (Page 3)

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

5.

Public disclosure of this information is likely to cause harm to Duke because it would allow competitors in the nuclear _ industry to benefit from the results of a significant development program without requiring a commensurate expense or allowing Duke to r.ecoup a portion of its expenditures or benefit from the sale of the information.

M. S. Tuckman,-being duly sworn, on his oat: deposes and says that he is the person who subscribed in s name to the foregoing statement, and that the matters and facts set forth in the statement are true.

)

M. S. Tuckman

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/ 2 'rk day of

)

l Sworn to and subscribed before me this l

YnARel4 1998.

Witness my hand and official seal.

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Notary Rublic My commission expires bAJ 22., 260)

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