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| number = ML093070463
| number = ML093070463
| issue date = 11/12/2009
| issue date = 11/12/2009
| title = Request for Withholding Information from Public Disclosure, Regarding Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade (TAC Nos. MD7999, MD8000, and MD8001)
| title = Request for Withholding Information from Public Disclosure, Regarding Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade
| author name = Stang J
| author name = Stang J
| author affiliation = NRC/NRR/DORL/LPLII-1
| author affiliation = NRC/NRR/DORL/LPLII-1
Line 18: Line 18:


=Text=
=Text=
{{#Wiki_filter:UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 November 12, 2009 Mr. Dave Baxter Vice President, Oconee Site Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672 OCONEE NUCLEAR STATION, UNITS 1,2, AND 3, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING REACTOR PROTECTIVE SYSTEM/ENGINEERED SAFEGUARDS PROTECTIVE SYSTEM DIGITAL UPGRADE (TAC NOS. MD7999, MD8000 and MD8001)  
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 12, 2009 Mr. Dave Baxter Vice President, Oconee Site Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672 SUB~IECT:      OCONEE NUCLEAR STATION, UNITS 1,2, AND 3, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING REACTOR PROTECTIVE SYSTEM/ENGINEERED SAFEGUARDS PROTECTIVE SYSTEM DIGITAL UPGRADE (TAC NOS. MD7999, MD8000 and MD8001)


==Dear Mr. Baxter:==
==Dear Mr. Baxter:==
By letter dated October 23, 2008, Duke Energy Carolinas, LLC, submitted an affidavit dated October 20,2008, executed by Mark J. Burzynski, Manager, Product Licensing, AREVA NP Inc., requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390: Operating Instruction 01-1456-03, TELEPERM-XS Project Phase Operating Instruction 01 -1457-06, TELEPERM XS Software Quality Assurance Plan Operating Instruction 01 -1459-08, TELEPERM XS Software Verification Validation Operating Instruction 01 -1577-02, Processing Open Items Operating Instruction 01 -1578-04, TELEPERM XS Software Safety Plan Operating Instruction 01 -1589-01, TELEPERM XS Cyber-Security Operating Instruction 01-1591-02, TXS System -Requirements Traceability Matrix D. Baxter -2 The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: (a) 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. (b) 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. (c) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors of AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP. 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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
 
Therefore, the aforementioned documents marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(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.
By letter dated October 23, 2008, Duke Energy Carolinas, LLC, submitted an affidavit dated October 20,2008, executed by Mark J. Burzynski, Manager, Product Licensing, AREVA NP Inc., requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:
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.
* Operating Instruction 01-1456-03, TELEPERM-XS Project Phase
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 Nuclear Regulatory Commission (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.
* Operating Instruction 01 -1457-06, TELEPERM XS Software Quality Assurance Plan
In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
* Operating Instruction 01 -1459-08, TELEPERM XS Software Verification and Validation Plan
D. -If you have any questions regarding this matter, I may be reached at 301-415-1345.
* Operating Instruction 01 -1577-02, Processing Open Items
Sincerely,  
* Operating Instruction 01 -1578-04, TELEPERM XS Software Safety Plan
-+-tV' John F. Stang, 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 Distribution via Listserv Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc. 3315 Old Forest Road Lynchburg, VA 24501 D. -3 If you have any questions regarding this matter, I may be reached at 301-415-1345.
* Operating Instruction 01 -1589-01, TELEPERM XS Cyber-Security
Sincerely, IRA by JThompson fori John F. Stang, 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 Distribution via Listserv Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc. 3315 Old Forest Road Lynchburg, VA 24501 DISTRIBUTION:
* Operating Instruction 01-1591-02, TXS System - Requirements Traceability Matrix
PUBLIC RidsNrrPMOconee Resource WKemper LPL2-1 RlF RidsNrrDciEicb Resource JStang, NRR RidsAcrsAcnw
 
_MaiICTR Resource RidsOgcMailCenter Resource RidsNrrLAMO'Brien Resource RidsNrrDorlLpl2-1 Resource RidsRgn2MailCenter Resource JArce, NRR ADAMS Accession No ML093070463 OFFICE NRRlLPL2-1/PM NRRlLPL2-1/PM NRRlLPL2-1/LA NRRlEICB/BC NRRlLPL2-1/BC NAME JStang JThompson for) MO'Brien IVYKemper GKulesa VSreenivas for) DATE 11/12/09 11/12/09 11/10/09 11/5/09 11/12/09 OFFICIAL RECORD COpy}}
D. Baxter                                         -2 The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a) 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.
(b) 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.
(c) The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors of AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.
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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the aforementioned documents 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 Nuclear Regulatory Commission (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.
 
D. Baxter                                    - 3 If you have any questions regarding this matter, I may be reached at 301-415-1345.
Sincerely,
                                                    ~:2~---m+~
                                                                -+-tV' John F. Stang, 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: Distribution via Listserv cc: Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc.
3315 Old Forest Road Lynchburg, VA 24501
 
D. Baxter                                        -3 If you have any questions regarding this matter, I may be reached at 301-415-1345.
Sincerely, IRA by JThompson fori John F. Stang, 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: Distribution via Listserv cc: Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc.
3315 Old Forest Road Lynchburg, VA 24501 DISTRIBUTION:
PUBLIC                                 RidsNrrPMOconee Resource       WKemper LPL2-1 RlF                             RidsNrrDciEicb Resource         JStang, NRR RidsAcrsAcnw_MaiICTR Resource         RidsOgcMailCenter Resource       RidsNrrLAMO'Brien Resource RidsNrrDorlLpl2-1 Resource             RidsRgn2MailCenter Resource     JArce, NRR ADAMS Accession No ML093070463 OFFICE     NRRlLPL2-1/PM NRRlLPL2-1/PM       NRRlLPL2-1/LA     NRRlEICB/BC         NRRlLPL2-1/BC NAME       ~Arce          JStang             MO'Brien         IVYKemper           GKulesa JThompson for)                                            VSreenivas for)
DATE       11/12/09       11/12/09           11/10/09           11/5/09             11/12/09 OFFICIAL RECORD COpy}}

Latest revision as of 21:46, 21 March 2020

Request for Withholding Information from Public Disclosure, Regarding Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade
ML093070463
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 11/12/2009
From: Stang J
Plant Licensing Branch II
To: Baxter D
Duke Energy Carolinas
Arce, Jeannette 415-1596
References
TAC MD7999, TAC MD8000, TAC MD8001
Download: ML093070463 (4)
v • d • e


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 12, 2009 Mr. Dave Baxter Vice President, Oconee Site Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672 SUB~IECT: OCONEE NUCLEAR STATION, UNITS 1,2, AND 3, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING REACTOR PROTECTIVE SYSTEM/ENGINEERED SAFEGUARDS PROTECTIVE SYSTEM DIGITAL UPGRADE (TAC NOS. MD7999, MD8000 and MD8001)

Dear Mr. Baxter:

By letter dated October 23, 2008, Duke Energy Carolinas, LLC, submitted an affidavit dated October 20,2008, executed by Mark J. Burzynski, Manager, Product Licensing, AREVA NP Inc., requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:

  • Operating Instruction 01-1456-03, TELEPERM-XS Project Phase
  • Operating Instruction 01 -1457-06, TELEPERM XS Software Quality Assurance Plan
  • Operating Instruction 01 -1459-08, TELEPERM XS Software Verification and Validation Plan
  • Operating Instruction 01 -1577-02, Processing Open Items
  • Operating Instruction 01 -1578-04, TELEPERM XS Software Safety Plan
  • Operating Instruction 01 -1589-01, TELEPERM XS Cyber-Security
  • Operating Instruction 01-1591-02, TXS System - Requirements Traceability Matrix

D. Baxter -2 The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) 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.

(b) 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.

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

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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the aforementioned documents 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 Nuclear Regulatory Commission (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.

D. Baxter - 3 If you have any questions regarding this matter, I may be reached at 301-415-1345.

Sincerely,

~:2~---m+~

-+-tV' John F. Stang, 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: Distribution via Listserv cc: Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501

D. Baxter -3 If you have any questions regarding this matter, I may be reached at 301-415-1345.

Sincerely, IRA by JThompson fori John F. Stang, 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: Distribution via Listserv cc: Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 DISTRIBUTION:

PUBLIC RidsNrrPMOconee Resource WKemper LPL2-1 RlF RidsNrrDciEicb Resource JStang, NRR RidsAcrsAcnw_MaiICTR Resource RidsOgcMailCenter Resource RidsNrrLAMO'Brien Resource RidsNrrDorlLpl2-1 Resource RidsRgn2MailCenter Resource JArce, NRR ADAMS Accession No ML093070463 OFFICE NRRlLPL2-1/PM NRRlLPL2-1/PM NRRlLPL2-1/LA NRRlEICB/BC NRRlLPL2-1/BC NAME ~Arce JStang MO'Brien IVYKemper GKulesa JThompson for) VSreenivas for)

DATE 11/12/09 11/12/09 11/10/09 11/5/09 11/12/09 OFFICIAL RECORD COpy

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