ML20217P695

Responds to 980311 Request for Withholding Info from Public Disclosure Re Topical Rept DPC-NE-2004P-A,Rev 1, Duke Power Co,Mcguire & Catawba Nuclear Stations Core Thermal-Hydraulic Methodology Using VIPRE-01. Request Granted

ML20217P695
Person / Time
Site:	Mcguire, Catawba, McGuire
Issue date:	04/07/1998
From:	Tam P NRC (Affiliation Not Assigned)
To:	Tuckman M DUKE POWER CO.
References
TAC-M97139, TAC-M97140, TAC-M97141, TAC-M97142, NUDOCS 9804100156
Download: ML20217P695 (5)

Text

, , @ ter uq p t UNITED STATES g j NUCLEAR REGULATORY COMMISSION o, WASHINGTON, D.C. 30eeHoot

% . . . . . ,o April 7,1998 Mr. M. S. Tuckman Executive Vice President Nuclear Generation Department Duke Energy Corporation P. O. Box 1006 Charlotte, North Carolina 28201

~

SUBJECT:

' CATAWBA'AND MCGUIRE NUCLEAR STATIONS'- WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. M97139, M97140, M97141 AND M97142)

Dear Mr. Tuckman:

By letter dated March 11,1998, Duke Energy Corporation (Duke) submitted an affidavit dated March 12,1998, and the approved version of Topical Report DPC-NE-2004P-A, Revision 1,

" Duke Power Company, McGuire and Catawba Nuclear Stations Core Thermal-Hydraulic Methodology Using VIPRE-01. Your affidavit requested that the topical report be withheld from public disclosure pursuant to 10 CFR 2.790 of the Commission's regulations. A nonproprietary version of the document was also submitted for placement in the NRC's Public Document Room.

The affidavit stated that the proprietary information sought to be withheld from public disclosure I 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.

(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.

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

i The affidavit also stated that 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 recoup a portion of its expenditures or benefit from the sale of the information.

l 9804100156 980407 T PDR ADOCK 05000369 Nil 8 RLF CUJIEB CDPV -

1 l

M. S. Tuckman April 7, 1998 l

We have reviewed your application based on the requirements and criteria of 10 CFR 2.790, and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercialinformation. Therefore, the 1 version of the submitted information marked as proprietary will be withheld from public  !

disclosure pursuant to 10 CFR 2.700(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding information from public disclosure shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send I copies of the 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 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. If the NRC determines that the information should be made publicly available as a result of future review, you will be notified in advance of any public disclosure.

Sincerely, l

ORIGINAL SIGNED BY:

Pe Senior Project Manager Proj.t e r S . T amect DirectorateIl-2 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket Nos. 50-413,50-414,50-369, i and 50-370 ,

i cc: See next page "

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Distribution Docket File PUBLIC HBerkow LBerry FRinaldi MPSiemien, OGC g[\'

PD 11-2 Rdg. PTam LPlisco, Rll JZwolinski COgle, Ril 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-2 _ LA:PDllR OGC F D:PDW4 l NAME PTam:en O/$'T LBerry \jG) MPSiemienMHBerk$r

DATE 4/(/98 47 /1)/98' \ 3 /b/98 k/ 7 /98 / /98 / /97 DOCUMENT NAME: G:\ CATAWBA \ CAT 97139. PRO OFFICIAL RECORD COPY

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I M. S. Tuckman {

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1 We have reviewed your application based on the requirements and criteria of 10 CFR 2.790, and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercialinformation. 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 l 1954, as amended.

l Withholding information from public disclosure 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 the information to our consultants working in this areac We will, of course, ensure that - - -

the consultants have signed the appropriate agreements for handling proprietary information.

1 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 l promptly notify the NRC. You should also understand that the NRC may have cause to review l this determination in the future, such as, if the scope of a Freedom of Information Act request includes your information. If the NRC determines that the information should be made publicly available as a result of future review, you will be notified in advance of any public disclosure.

Sincerely,

. t%+<A Peter S. Tam, Senior Project Manager j Project Directorate ll-2 Division of Reactor Projects -l/II l

l Office of Nuclear Reactor Regulation '

l l Docket Nos. 50-413,50-414, 50-369, l

and 50-370 cc: See next page l

l l

j

McGuire Nuclear Station Catawba Nuclear Station cc:

Mr. Paul R. Newton Mr. Richard M. Fry, Director Legal Department (PB05E) Division of Radiation Protection Duke Energy Corporation North Carolina Department of 422 South Church Street Environment, Health, and Charlotte, North Carolina 28242-0001 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 Attomey 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 12700 Hagers Ferry Road Huntersville, North Carolina 28078 L. A. Keller Manager- Nuclear Regulatory J. Michael McGarry, Ill, Esquire Licensing Winston and Strawn Duke Energy Corporation 1400 L Street, NW. 526 South Church Street Washington, DC 20005 Charlotte, North Carolina 28242-0001 Senior Resident inspector Regional Administrator, Region ll c/o U. S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Atlanta Federal Center 12700 Hagers Ferry Road 61 Forsyth Street, S.W., Suite 23T85 '

Huntersville, North Carolina 28078 Atlanta, Georgia 30303 l

Mr. Peter R. Harden, IV Elaine Wathen i

Account Sales Manager Lead REP Planner Westinghouse Electric Corporation Division of Emergency Management Power Systems Field Sales 116 West Jones Street P. O. Box 7288 Raleigh, North Carolina 27603-1335 Charlotte, North Carolina 28241 Mr. T. Richard Puryear Dr. John M. Barry Owners Group (NCEMC)

Mecklenburg County Duke Energy Corporation Department of Environmenta! 4800 Concord Road Protection York, South Carolina 29745

' 700 N. Tryon Street Charlotte, North Carolina 28202

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McGuire Nuclear Station

Catawba Nuclear Station cc:

Mr. M. S. Kitlan North Carolina 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 - - -

York,-South Carolina 29745 - --~ ~- ~-

1427 Meadowwood Boulevard P. O. Box 29513 Mr. G. R. Peterson Raleigh, Noith Carolina 27626-0513 Site Vice President Catawba Nuclear Station County Manager of York County Duke Energy Corporation York County Courthouse 4800 Concord Road 1 York, South Carolina 29745 York, South Carolina 29745 Piedmont Municipal Power Agency Mr. H. B. Barron t 121 Village Drive Vice President, McGuire Site Greer, South Carolina 29651 Duke Energy Corporation 12700 Hagers Ferry Road Saluda River Electric Huntersville, North Carolina 28078 P. O. Box 929 Laurens, South Carolina 29360

' Max Batavia, Chief Bureau of Radiological Health South Carolina Department of

. Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201

._