ML15033A385

Request for Withholding Information Form Public Disclosure (TAC Nos ME9024, ME9025, and ME9026

ML15033A385
Person / Time
Site:	Oconee
Issue date:	02/11/2015
From:	Hall J R Plant Licensing Branch II
To:	Batson S Duke Energy Carolinas
Williams S
References
TAC ME9024, TAC ME9025, TAC ME9026
Download: ML15033A385 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001*

Mr. Scott Batson Site Vice President Oconee Nuclear Station Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672-0752 February 11, 2015

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME9024; ME9025, AND ME9026)

Dear Mr. Batson:

By letter dated April 18, 2013, 1 you submitted two affidavits dated March 13, 2013, and March 14, 2013, both executed by Mr. Dennis Williford of 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 (1 0 CFR), Part 2, Section 2.390: Report ANP-3208P, Revision 0, "Confirmation of Stress Relief for ONS-'1, ONS-2, ONS-3, and CR-3 Core Support Shield Upper Flange Welds." Report ANP-3186P, Revision 1, "ONS License Renewal Scope and MRP-189, Revision 1, Comparison." By letter dated July 24, 2013, 2 the Nuclear Regulatory Commission (NRC) staff notified you that some of the information requested to be withheld was not justifiable in accordance with 10 CFR 2.390 criteria.

Following a conference call on July 30, 2013, to discuss these concerns, Duke Energy Carolinas, LLC (Duke, or the licensee) agreed to revise certain portions of the information previously requested to be withheld thus making the information available for public disclosure.

By letter dated September 27, 2013, 3 you requested that Attachments 1 through 5 of letter dated April 18, 2013, be withdrawn and replaced in their entirety with the attachments submitted via that same letter. By the same September 27, 2013, letter, you submitted two affidaVits, both dated August 29, 2013, executed by Ms. Gayle Elliott of AREVA NP Inc., requesting that the information contained in the following documents be withheld from public disclosure pursuant to 10 CFR 2.390: Report ANP-3208P, Revision 1, "Confirmation of Stress Relief for ONS-1, ONS-2, ONS-3, and CR-3 Core Support Shield Upper Flange Welds." 1 Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML 131190040.

2 ADAMS Accession No. ML 13204A212.

3 ADAMS Package Accession No. ML 13275A297.

S. Batson Report ANP-3186P, Revision 2, "ONS License Renewal Scope and MRP-189, Revision 1, Comparison." A nonproprietary copy of Attachments 4 and 5 to letter dated September 27, 2013, can be found as Attachments 1 and 2 of the same letter, and 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). Attachments 4 arid 5 to letter dated September 27, 2013, are withheld in their entirety.

By letter dated November 29, 2013, 4 you submitted affidavit dated November 19,. 2013, executed by Ms. Gayle Elliott of AREVA NP Inc., requesting that the. information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390: Report ANP-3267P, Revision 0, "MRP-227-A:

Application/Licensee Action Item #1 Analysis for the Oconee Nuclear Station Units -Licensing Report." A nonproprietary copy of Attachment 3 to letter dated November 29, 2013, can be found as Attachment 1 of the same letter, and has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS. Attachment 3 to letter dated November 29, 2013, is. withheld in its entirety.

By letter dated March 20, 2014, 5 you submitted affidavit dated March 5, 2014, executed by Ms. Gayle Elliott of AREVA NP Inc., requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390: Response to NRC Request for Additional Information (RAI) Related to the MRP-227-A Applicant/Licensee Action Item #7 Analysis Supporting the Reactor Vessel Internals Inspection Plan Amendment Request for Oconee Nuclear Station (ONS), Units 1, 2, and 3 A nonproprietary copy of Attachment 3 to letter dated March 20, 2014, can be found as Attachment 1 of the same letter, and has been placed in the NRC's Public Document Room and added to the NRC library in ADAMS. Attachment 3 to letter dated March 20, 2014, is withheld in its entirety.

The affidavits 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 technique*s concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP. 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 NP in product optimization or marketability.

4 ADAMS Package Accession No. ML 13339A312.

5 ADAMS Package Accession No. ML 14087A172.

S. Batson The NRC staff has 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 version of the submitted information 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.

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.

If you have any questions regarding this matter, I may be reached at 301-415-4032.

Docket Nos. 50-269, 50-270, and 50-287 cc: Distribution via Listserv Sincerely, mes R. Hall, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation S. Batson The NRC staff has 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 version of 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.

• If you have any questions regarding this matter, I may be reached at 301-415-4032.

Docket Nos. 50-269, 50-270, and 50-287 cc: Distribution via Listserv DISTRIBUTION:

PUBLIC LPLII-1 R/F Sincerely, /RAJ James R. Hall, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation RidsNrrLASFigueroa Resource RidsRgn2MaiiCenter Resource JWhited, NRR RidsNrrDeEvib Resource RidsOgcMaiiCenter Resource RidsAcrsAcnw_MaiiCTR Resource RidsNrrDorllpl2-1 Resource RidsNrrPMOconee Resource ADAMS Accession No ML 15033A385 OFFICE LPLII-1/PM LPLII-1/LA LPLII-1/BC LPLII-1/PM NAME JWhited SFigueroa BPascarelli JHall DATE 02/06/15 02/09/15 02/09/15 02/11/15 OFFICIAL RECORD COPY