ML17325A437

Request for Withholding Information from Public Disclosure; 11/9/17 Affidavit Executed by G. Elliott, Areva Relief Request No. 17-ON-001

ML17325A437
Person / Time
Site:	Oconee
Issue date:	11/22/2017
From:	Audrey Klett Plant Licensing Branch II
To:	Teresa Ray Duke Energy Carolinas
AKlett, NRR/DORL/LPLII-1, 415-0489
References
EPID L-2017-LLR-0099
Download: ML17325A437 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, 0.C. 20555-0001 November 22, 2017 Mr. Thomas D. Ray Vice President Oconee Nuclear Station Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672-0752

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: RELIEF REQUEST NO. 17-0N-001 (EPID L-2017-LLR-0099)

Dear Mr. Ray:

By letter ONS-2017-079 dated November 13, 2017 (Agencywide Documents Access and Management System Accession No. ML17321A086), Duke Energy Carolinas, LLC (the licensee), submitted an affidavit dated November 9, 2017, which was executed by Gayle Elliott, Deputy Director, Licensing and Regulatory Affairs for AREVA Inc. (AREVA), 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 Oconee Nuclear Station, Units 1 and 2:

Enclosure 1 - Supplemental Information Needed for NRC [U.S. Nuclear Regulatory Commission] Review of Relief Request No. 17-0N-001 (Proprietary Version with Affidavit Attached)

A non-proprietary version of the above document is available in Enclosure 2 of the licensee's letter dated November 13, 2017.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

6(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 AREVA; 6(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA in product optimization or marketability; and 6(e) The information is vital to a competitive advantage held by AREVA, would be helpful to competitors to AREVA, and would likely cause substantial harm to the competitive position of AREVA.

T. Ray The 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 aforementioned document 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 licensee. 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.

Any questions regarding this matter can be directed to me at 301-415-0489 or Audrey.Klett@nrc.gov.

Sincerely, Audrey Klett, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269 and 50-270 cc: Gayle Elliott Deputy Director Licensing and Reulgoaty Affairs AREVA Inc.

3315 Old Forest Road Lynchburg, VA 24501 Listserv

T. Ray

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: RELIEF REQUEST NO. 17-0N-001 (EPID NO. L-2017-LLR-0099) DATED NOVEMBER 22, 2017 DISTRIBUTION:

PUBLIC PM File Copy RidsACRS_MailCTR Resource RidsNrrDmlrMphb Resource RidsNrrDorl Resource RidsNrrDorlLpl2-1 Resource RidsNrrLAKGoldstein Resource RidsNrrLAJBurkhardt Resource RidsNrrPMOconee Resource RidsRgn2MailCenter Resource JCollins, NRR ADAMS Access1on No. ML17325A437 *b1yema1*1 OFFICE NRR/DORL/LPL2-1 /PM N RR/DORL/LPL2-1 /LA NRR/DMLR/MPHB/BC*

NAME AKlett KGoldstein (JBurkhardt for) DAIiey DATE 11/21/2017 11/21/2017 11/21/2017 OFFICE NRR/DORL/LPL2-1 /BC N RR/DORL/LPL2-1 /PM NAME MMarkley AKlett DATE 11/22/2017 11/22/2017 OFFICIAL RECORD COPY