ML16111B075

Request for Withholding Information from Public Disclosure

ML16111B075
Person / Time
Site:	Catawba
Issue date:	04/26/2016
From:	Jeffrey Whited Plant Licensing Branch II
To:	Henderson K Duke Energy Carolinas
Whited J, NRR/DORL/LPLII-1
References
CAC MF6355, CAC MF6356
Download: ML16111B075 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 26, 2016 Mr. Kelvin Henderson Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745

SUBJECT:

CATAWBA NUCLEAR STATION, UNITS 1AND2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF6355 AND MF6356)

Dear Mr. Henderson:

By letter dated March 11, 2016, 1 Duke Energy Carolinas, LLC (Duke, the licensee), submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) dated March 1, 2016, for Westinghouse Electric Company LLC (Westinghouse). This affidavit was executed by James A. Gresham, Manager of Regulatory Compliance, Westinghouse. The affidavit requested that the information contained in the following corresponding documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390:

Attachment 1 to letter dated March 11, 2016, "Response to NRC Request for Additional Information (RAI)"

DPND-DPC-NE-2005-PA, Revision 4a, "Thermal-Hydraulic Statistical Core Design Methodology," dated December 2008 DPC-NE-3001-PA, Revision Oa, "Multidimensional Reactor Transients and Safety Analysis Physics Parameters Methodology," dated May 2009 DPC-NE-3002-A, Revision 4b, "UFSAR [Updated Final Safety Analysis Report)

Chapter 15 System Transient Analysis Methodology," dated September 2010 Nonproprietary copies of the above referenced documents have been placed in the NRC's Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS) as Nonproprietary Attachments 3 and 4 to letter dated March 11, 2016. Attachments 1 and 2 to letter dated March 11, 2016, are withheld in their entirety.

The affidavit was submitted because the above referenced documents contain information that is claimed to be proprietary to the company. The affidavit submitted by Westinghouse stated 1 ADAMS Package Accession No. ML16102A161.

K. Henderson that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.

(d) I~ reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customer or suppliers.

(e) It reveals aspects of past, present or future Westinghouse or customer funded development plans and programs of potential customer value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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 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 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.

K. Henderson If you have any questions regarding this matter, I may be reached at (301) 415-4090 or by e-mail at jeffrey.whited@nrc.gov.

Sincerely,

~A~

Jeffrey A. Whited, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413 and 50-414 cc: Mr. James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company Engineering, Equipment, and Major Projects 1000 Westinghouse Drive, Building 3 Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML161118075 *via e-mail dated OFFICE NRR/DORL/LPLll-1/PM NRR/DORL/LPLll-1/LA NRR/DSS/SRXB/BC (A)

NAME JWhited BClayton EOesterle*

DATE 04/25/16 04/22/16 04/22/16 OFFICE NRR/DORL/LPLI 1-1 /BC NRR/DORL/LPLll-1/PM NAME MMarkley JWhited DATE 04/26/16 04/26/16