ML24311A188
| ML24311A188 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 11/08/2024 |
| From: | Luke Haeg NRC/NRR/DORL/LPL2-1 |
| To: | Ellis K, Ellis K Duke Energy Carolinas |
| Klos L | |
| References | |
| EPID L-2019-PMP-0071 | |
| Download: ML24311A188 (1) | |
Text
November 8, 2024 Kevin M. Ellis General Manager Nuclear Regulatory Affairs, Policy & Emergency Preparedness Duke Energy 13225 Hagers Ferry Road, MG011E Huntersville, NC 28078-8985
SUBJECT:
REQUEST TO REMOVE DOCUMENT FROM PUBLIC AVAILABILITY AND REQUEST FOR WITHHOLDING SUBSTITUTE INFORMATION FROM PUBLIC DISCLOSURE, MCGUIRE NUCLEAR STATION, UNIT NO. 1 (EPID L-2019-PMP-0071)
Dear Kevin Ellis:
By letter dated October 14, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24288A017), you requested that relief request RA-22-0024 submitted by Duke Energy Carolinas, LLC (Duke Energy) on September 21, 2022 (ML22264A110) be withdrawn from public availability after NRC staff identified as part of a separate proprietary review that it contained proprietary information. Relief request RA-22-0024 was approved by the U.S. Nuclear Regulatory Commission (NRC) on June 20, 2023 (ML23159A271). Your October 14, 2024, letter provided redacted (ML24288A018) and proprietary versions of RA-22-0024, and an affidavit to accompany the redacted version of RA-22-0024 executed on August 19, 2024, by Philip A. Opsal, Manager, Product Licensing, Framatome. Finally, by the October 14, 2024, letter, you requested that the information contained within ML24288A018, Relief Request Number RA-22-0024, McGuire Nuclear Station, Unit 1 Fourth Inservice Inspection (ISI) Interval Limited Coverage Non-Destruction Examination (NDE) Data and Coverage Plots, be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR).
Per NRC policy, we have removed ML22264A110 from public availability. The nonproprietary, redacted version of RA-22-0024 (Enclosure 2 of ML24288A017), serving as a substitute for ML22264A110, has been placed in the NRCs Public Document Room and added to the NRC Library in ADAMS.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(b)
Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.
(c)
The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for Framatome.
K. Ellis (d)
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.
(e)
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 NRC staff has reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.390 and based on the statements in the affidavit, 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 2.390(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, we may send 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 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.
If you have any questions regarding this matter, I may be reached at 301-415-0272.
Sincerely,
/RA/
Luke Haeg, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-369 cc:
Gayle Elliott Director, Licensing & Regulatory Affairs Framatome 3315 Old Forest Road Lynchburg, VA 24501 Email: gayle.Elliott@framatome.com cc: Listserv
ML24311A188 OFFICE NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-1/LA NRR/DNRL/NVIB/BC NAME LHaeg KGoldstein ABuford (JTsao for)
DATE 11/06/2024 11/07/2024 11/07/2024 OFFICE NRR/DORL/LPL2-1/BC NRR/DORL/LPL2-2/PM NAME MMarkley LHaeg DATE 11/08/2024 11/08/2024