ML20216G582

Informs That 970730 Submittal Re Oconee Nuclear Station, Units 1,2 & 3 Will Be Marked Proprietary & Being Withheld Per 10CFR2.790(b)(5) & Section 103(b) of AEC Act of 1954

ML20216G582
Person / Time
Site:	Oconee
Issue date:	09/04/1997
From:	Labarge D NRC (Affiliation Not Assigned)
To:	Tuckman M DUKE POWER CO.
References
NUDOCS 9709150235
Download: ML20216G582 (4)

Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30666-0001

% #' September 4, 1997 Mr. M. S. Tuckman, Executive Vice President Nuclear Generation Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201 1006

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - OCONEE NUCLEAR STATION, UNITS 1,2, AND 3

Dear Mr. Tuckman:

By letter dated July 30,1997, Duke Energy Corporation (Duke) submitted Topical Report DPC-NE-3005, "UFSAR [ Updated Final Safety Analysis Report) Chapter 15 Transient Analysis Methodology," as proprietary information and affidavit dated July 30,1997. The information is related to the methodology for analyzing the non loss-of-coolant accident (LOCA) UFSAR Chapter 15 transients and accidents for the Oconee Nuclear Station. You requested that the information be considered proprietary and withheld from public disclosure i

pursuant to 10 CFR 2.790. A nonproprietary version of the document was also included in the submittal and will b, placed in the NRC's Public Document Room for public inspection.

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

The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke.

(a) It allows Duke to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power plants.

(b) Duke intends to sell the information to nuclear utilities, vendors, and consultants for the purpose of supporting the operation and licensing of-nuclear power plants.

(c) The subject information could only be duplicated by competitors at similar expense to that incurred by Duke.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, the version of the submitted information marked as proprietary will be withheld ,)

from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic c.m 3 ; '

, Energy Act of 1954, as amended. LA "i O P

Db 269 PDR (.hf hff

Mr. M. S. Tuckman ,

Withhholding 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 netified in advance of any public disclosure, t

Sincerely, David E. LaBarge, Senior Project Manager 4 Project Directorate ll-2 Division of Reactor Projects - 1/il Office of Nuclear Reactor Regulation Docket Nos. 50-269,50-270, and 50-287 cc: See next page l

J 4

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.- .+

Mr. M. S. Tuckman September 4, 1997 Withhholding from publicinspection 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.

Sincerely, ORIGINAL SIGNED BYj C avid E. LaBarge, Senior Project Manager

, Project Directorate 11-2 Division of Reactor Projects - 1/II Office of Nuclear Reactor Regulation Docket Nos. 50-269,50-270, and 50-287

. cc: See next page Distribution:

Docket File LBerry

. PUBLIC DLaBarge PD 112 Rdg. MPSiemien, OGC BBoger JJohnson, Ril HBerkow SShaeffer, Ril Ringram To receive a copy of this document, Indicate in the box:"C" = Copy without attachment / enclosure "E" = Cop

'with attachment / enclosure "N" = No copy 391/

OFFICE PM:PD(I-2L u LA:PDll{2 (l OGC C. D:PDtifO sexSpa M l NAME DLaBarbpflii LBerry \'(P MPSiemienpff 'HBerkoh / nyoaW DATE e/y,/97/' ( /W97 ' \ q /%/97 O D /97 3ly/97 / /97 DOCUMENT NAME: G:\OCONEE\OCO99349. WIT OFFICIAL RECORD COPY t

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cc: '

Mr. Paul R. Newton Mr. J. E. Burchfeld

, Legal Department (PSO5E) Compliance Manager Duke Power Company Duke Power Company

422 South Church Street - Oconee Nuclear Site j- Charlotte, North Carolina 28242 P. O. Box 1439

Seneca, South Carolina 29679

-J Michael McGarry, Ill, Esquire '

. Winston and Strawn Ms. Karen E. Long F 1400 L Street, NW. Assistant Attomey General j_ Washington, DC 20005 North Carolina Department of Justice 1 Mr. Robert B. Borsum P O. Box 629 L Framatome Technologies Raleigh, North Carolina 27602 Suite 525 1: 1700 Rockville Pike Mr. G. A. Copp

Rockville, Maryland 20852 1631 Licensing - EC050

' Duke Power Company

- Manager, LlS 526 South Church Street l NUS Corporation Charlotte, North Carolina 28242-0001

2650 McCormick Drive,3rd Floor i Clearwater, Florida .34619-1035 Mr. Richard M. Fry, Director

. Division of Radiation Protection .

Senior Resident inspector North Carolina Department of .

t U. S. Nuclear Regulatory: Environment, Health, and .

Commission . . Natural Resources

!. .7812B Rochester Highway 3825 Barrett Drive Seneca, South Carolina 29672 Raleigh, North Carolina 27609-7721 i

Regional Administrator, Region ll ,

l U. S. Nuclear Regulatory Commission i Atlanta Federal Center 61 Forsyth Street, S.W., Suite 23T85

' Atlanta, Georgia - 30303 Max Batavia, Chief -

Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street -

Columbia, South Carolina 29201 r . County Fgervisor of Oconee County

[ . Walhalla, Couth Carolina 29621 i

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