ML21033B084

Request for Withholding Information from Public Disclosure

ML21033B084
Person / Time
Site:	Harris
Issue date:	03/03/2021
From:	Michael Mahoney Plant Licensing Branch II
To:	Maza K Duke Energy Progress
Mahoney M
References
EPID L-2020-LLA-0040
Download: ML21033B084 (4)

Text

March 3, 2021 Ms. Kim Maza Site Vice President Shearon Harris Nuclear Power Plant Mail Code NHP01 5413 Shearon Harris Road New Hill, NC 27562-9300

SUBJECT:

SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLA-0040)

Dear Ms. Maza:

By letter RA-20-0335, dated November 24, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20329A387), Duke Energy Carolinas, LLC (the licensee) submitted an affidavit dated November 6, 2020, executed by Gayle Elliott, Deputy Director, Licensing and Regulatory Affairs, Framatome, Inc. (Framatome), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390 for the Shearon Harris Nuclear Power Plant, Unit 1:

Licensing Report ANP-3766Q1P, Revision 0, entitled, Harris Nuclear Plant Unit 1 Small Break LOCA Analysis with GAIA Fuel Design - NRC RAI responses The Framatome affidavit dated November 6, 2020, stated in Attachment 2 of letter dated November 24, 2020, that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and would likely cause substantial harm to the competitive position of Framatome.

The licensee additionally submitted an affidavit dated November 17, 2020, executed by Steve Snider, Vice President of Nuclear Engineering, Duke Energy Corporation, requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR, Part 2, Section 2.390 for the Shearon Harris Nuclear Power Plant, Unit 1:

Attachment 6 to Duke Energy letter RA-20-0335, Duke Energy response request for additional information 2.

K. Maza The affidavit dated November 17, 2020, stated in Attachment 6 of letter dated November 24, 2020, that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The information requested to be withheld reveals distinguishing aspects of a process (or component, structure, tool, method, etc.) whose use by a vendor or consultant, without a license from Duke Energy, would constitute a competitive economic advantage to that vendor or consultant.

Use by a competitor of the information requested to be withheld would reduce the competitors expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.

The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavit, has 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 2.390(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 persons properly and directly concerned to inspect the documents. If the need arises, the NRC may send copies of this information to its consultants. The NRC will ensure that its 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, the licensee should promptly notify the NRC. The NRC may revisit this determination in the future if, for example, the scope of a Freedom of Information Act request includes this information. The NRC will notify the licensee in advance of any public disclosure if the NRC makes such a determination.

K. Maza If you have any questions regarding this matter, please contact me at (301) 415-3867 or Michael.Mahoney@nrc.gov.

Sincerely,

/RA/

Michael Mahoney, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-400 cc: Listserv (or Mailing List) cc: Gayle Elliott Deputy Director, Licensing and Regulatory Affairs Framatome, Inc.

3315 Old Forest Road Lynchburg, VA 24501 Steve Snider Vice President Nuclear Engineering Duke Energy 526 South Church Street, EC-07H Charlotte, NC 28202

ML21033B084 OFFICE NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-2/LA NRR/DORL/LPL2-2/BC NAME MMahoney RButler UShoop DATE 03/02/2021 02/28/2021 03/02/2021 OFFICE NRR/DORL/LPL2-2/PM NAME MMahoney DATE 03/03/2021