ML14028A482

Request for Withholding Information from Public Disclosure

ML14028A482
Person / Time
Site:	Oconee
Issue date:	01/31/2014
From:	Richard Guzman Plant Licensing Branch II
To:	Batson S Duke Energy Carolinas
Guzman R
References
TAC MF0763, TAC MF0764, TAC MF0765
Download: ML14028A482 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 January 31, 2014 Mr. Scott Batson Site Vice President Oconee Nuclear Station Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672-0752

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1,2, AND 3, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MF0763, MF0764, AND MF0765)

Dear Mr. Batson:

By letter dated September 10, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13259A120), you submitted an affidavit dated August 14, 2013, executed by Alan B. Meginnis, Manager, Product Licensing, AREVA NP Inc., which requested that the information contained in the following document, herein referred to as "Document 1" be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

AREVA Report ANP-3127Q1 P, Revision 1, "Response to NRC Request for Additional Information Regarding License Amendment Request to Update Pressure-Temperature Limit Curves for Oconee Units 1,2, and 3," dated August 2013.

A nonproprietary copy of Document 1 has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in ADAMS under Accession No. ML13259A120.

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.

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

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

Additionally, by letter dated October 25, 2013 (ADAMS Accession No. ML13305A120), you submitted an affidavit dated September 26, 2013, executed by Gayle F. Elliott, Manager, Product Licensing, AREVA NP Inc., which requested that the information contained in the

S. Batson - 2 following document, herein referred to as "Document 2" be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

AREVA Document No. 32-9208072-001, "LST considering RCS Piping and RVCH Limit for B&W Plant Designs," dated September 2013.

A nonproprietary copy of Document 2 has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS under Accession No. ML13305A122.

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

(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 NP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP In product optimization or marketability.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the submitted information in Document 1 and Document 2, 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 this 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.

S. Batson -3 If you have any questions regarding this matter, I may be reached at 301-415-1030.

Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: Gayle F. Elliott AREVA NP Inc.

3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935 Alan B. Meginnis AREVA NP Inc.

3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935 Additional Distribution via Listserv

S. Batson -3 If you have any questions regarding this matter, I may be reached at 301-415-1030.

Sincerely, IRA!

Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1/-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: Gayle F. Elliott AREVA NP Inc.

3315 Old Forest Road P.O. Box 10935 lynchburg, VA 24506-0935 Alan B. Meginnis AREVA NP Inc.

3315 Old Forest Road P.O. Box 10935 lynchburg, VA 24506-0935 Additional Distribution via Listserv DISTRIBUTION:

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