ML15009A284

Request for Withholding of Proprietary Information from Public Disclosure

ML15009A284
Person / Time
Site:	Robinson
Issue date:	01/22/2015
From:	Martha Barillas Plant Licensing Branch II
To:	Glover R Duke Energy Progress
Tam P
References
TAC ME9633
Download: ML15009A284 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 22, 2015 Mr. Richard Michael Glover Site Vice President H. B. Robinson Steam Electric Plant Duke Energy 3581 West Entrance Road Hartsville, SC 29550

SUBJECT:

REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO.2 (TAC NO. ME9633)

Dear Mr. Glover:

By letter dated October 1, 2014 (Agencywide Documents Access and Management System Accession No. ML14287A222), you responded to a request for additional information from the U.S. Nuclear Regulatory Commission (NRC) staff regarding the Aging Management Program for the Reactor Vessel Internals at H. B. Robinson Steam Electric Plant, Unit No. 2. Among other things, the submittal includes Enclosure 3, a document identified as PWROG-14018-P, Revision 0, "H. B. Robinson Unit 2 Summary Report for the Fuel Design/Fuel Management Assessments." Your letter describes Enclosure 2 as containing proprietary information.

For Enclosure 2, you included an affidavit dated September 8, 2014, executed by Mr. James A.

Gresham of Westinghouse Electric Company (Westinghouse), requesting that Enclosure 2, which contains proprietary information owned by Westinghouse, be withheld from public disclosure in accordance with the requirements of Title 10 of the Code of Federal Regulations (1 0 CFR),

Section 2.390(a)(4). Mr. Gresham stated, in part, that:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

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

Therefore, Enclosure 2, 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.

R. Glover 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 301-415-2760, or by e-mail at Martha. Barillas@nrc.gov.

Sincerely, IRA/

Martha Barillas, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-261 cc:

Mr. James A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3 - Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML15009A284 OFFICE DORULPL 1-1/PM DORLILPL2-2/PM DORL!LPL2-2/LAiT DORLILPL2-2/LA DORULPL2-2/BC DORULPL2-2/PM NAME PTam MBarillas LRonewicz BCiayton SHelton MBarillas DATE 1/9/15 1/15/15 1/13/15 1/14/15 1/21/15 1/22/15