ML091830010

Request for Withholding Information from Public Disclosure Regarding Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade

ML091830010
Person / Time
Site:	Oconee
Issue date:	07/13/2009
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: ML091830010 (5)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 July 13, 2009 Mr. Dave Baxter Vice President, Oconee Site Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672 REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OCONEE NUCLEAR STATION, UNITS 1,2, AND 3 REGARDING REACTOR PROTECTIVE SYSTEMI ENGINEERED SAFEGUARDS PROTECTIVE SYSTEM DIGITAL UPGRADE (TAC NOS MD7999, MD8000 and MD 8001)

Dear Mr. Baxter:

By letter dated April 3, 2008 AREVA NP Inc. submitted an affidavit dated March 28, 2008, executed by Mark J. Burzynski, Manager, Product Licensing, AREVA NP Inc. requesting that the following documents ( in their entirety) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390: Oconee 1 RPS&ESFAS Requirements Traceability Matrix Software Configuration of the TXS Software for L1NUX, Release 3.0.7A (NGL TD/2005/en/0148) Oconee Nuclear Station, Unit 1 RPS/ESF Replacement Hardware Design Drawings Cabinet #5 Oconee Nuclear Station, Unit 1 RPS/ESF Replacement Hardware Design Drawings Cabinet #6 Oconee Nuclear Station Unit 1 Failure Modes and Effects Analysis ONS 1, 2, & 3 RPS/ESF Controls Upgrade Design Specification for KeySwitches Oconee Nuclear Station, Units 1,2, & 3 RPS/ESFAS Controls Upgrade -Hardware Design Solutions Oconee Nuclear Station, Units 1,2, & 3 RPS/ESFAS Controls Upgrade Software Configuration Management Plan Oconee Nuclear Station, Units 1,2, & 3 RPS/ESFAS Controls Upgrade ID Coding Concept 10) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Software Design Description D. Baxter -2 11) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Project Requirements V&V Activity Summary Report 12) Oconee Nuclear Station, Units 1, 2, & 3 RPS/ESFAS Controls Upgrade Factory Acceptance Test Plan 13) Oconee Nuclear Station, Units 1, 2, & 3 RPS/ESFAS Controls Upgrade SoftWare Safety Plan (SSP) 14) TELEMPERM XS Supplemental Equipment Qualification Summary Test Report 15) Oconee Nuclear Station Unit 1 RPS/ESFAS Replacement Project Equipment Qualification Report 16) TUV Certificate No. 968/K 110102 for Communication Processor System TELEPERM XS 17) TUV Report No. 968/K 110.01/02, Documentation of Theoretical and Practical Testing in Accordance with KTA 3503 of Communication Processor SCP2 in TELEPERM XS System from Framatome ANP GmbH 18) TUV Certificate 1\10. 968/K 109/02 for Processing Module System TELEPERM XS 19) TELEPERM XS Simulation

-Concept of Validation and Verification (NGLP/2004/en/0094) 20) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Application Software Output Module Test Specification

21) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Application Software Inputs Test Specification

22) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Application Software Function Module Test Specification

23) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Application Software Input Modules Test Procedure

24) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Application Software Functions Test Procedure

25) Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Application Software Outputs Test Procedure

26) TELEPERM XS Function Blocks, Release 2.61 and FB-ADDON (Release 1.20)(TXS-1003-76-V11.1 )

D. -3 27) TELEPERM XS SIVAT-TXS Simulation Based Validation Tool (Version 1.5.0 and higher)( TXS-1 047-76-V2.1)

The affidavit stated that the above documents (in their entirety) have been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information and should be considered exempt from mandatory public disclosure for the following reasons: It reveals details of AREVA's NP's research and development plans and programs or their results. Its use by a competitor would reduce his expenditures, in time or resources, to design, produce, or market a similar product or service. It includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP. It 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. It is vital to a competitive advantage held by AREVA NP, and would likely substantial harm to the competitive position of AREVA 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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the 27 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 -If you have any questions regarding this matter, I may be reached at 301-415 -1345. Sincerely, 'L.L..._

Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-269, 50-270, 50-287 D. Baxter -If you have any questions regarding this matter, I may be reached at 301-415 -1345. Sincerely, IRA! John F. Stang, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-269, 50-270, 50-287 DISTRIBUTION:

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