ML061230186

Transnuclear, Inc., Request for Withholding Information from Public Disclosure for Oconee Nuclear Station, Units 1, 2, and 3 (TAC Nos. MD0238, MD0239, and MD0240)

ML061230186
Person / Time
Site:	Oconee
Issue date:	05/17/2006
From:	Olshan L Plant Licensing Branch III-2
To:	Neider T Transnuclear
Olshan L N, NRR/DORL, 415-1419
References
TAC MD0238, TAC MD0239, TAC MD0240
Download: ML061230186 (5)

Text

May 17, 2006 Ms. Tara J. Neider Transnuclear, Inc.

7135 Minstrel Way Columbia, MD 21045

SUBJECT:

TRANSNUCLEAR, INC., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 (TAC NOS. MD0238, MD0239, AND MD0240)

Dear Ms. Neider:

By letter dated April 26, 2006, Duke Power Company LLC submitted an affidavit dated April 4, 2006, in which you requested that the information contained in Enclosure 4 to the April 26, 2006, letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. Enclosure 4 is entitled, Duke Response to NRC Request for Additional Information - Proprietary.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Transnuclear.

(ii) The information is of a type customarily held in confidence by Transnuclear, is not customarily disclosed to the public and is transmitted to the commission in confidence.

(iii) The information sought to be protected is not now available in public sources to the best of our knowledge and belief and the release of such information might result in a loss of competitive advantage as follows:

(a) It reveals the distinguishing aspects of a storage system where prevention of its use by any of Transnuclears competitors without license from Transnuclear constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including analytic models, relative to a component or material, the application of which secures a competitive economic or technical advantage.

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

T. Neider We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, 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 301-415-1419.

Sincerely,

/RA/

Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: w/encls: See next page

T. Neider May 17, 2006 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, 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 301-415-1419.

Sincerely,

/RA/

Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc w/encls: See next page DISTRIBUTION:

Public RidsOgcRp RidsNrrDorlDpr LPL2-1 r/f RidsAcrsAcnwMailCenter JNakoski, NRR RidsNrrDorlLplc(EMarinos) RidsNrrPMOlshan RidsNrrLAMOBrien RidsRgn2MailCenter Accession Number: ML061230186 NRR-084 OFFICE NRR/LPL2-1/PM DSS/SPWB/BC NRR/LPL2-1/LA NRR/LPL2-1/BC NAME LOlshan:snd JNakoski MOBrien EMarinos DATE 5/11/06 5/16/06 5/11/06 5/17/06 OFFICIAL RECORD COPY

Oconee Nuclear Station, Units 1, 2, and 3 cc:

Ms. Lisa F. Vaughn Mr. R. L. Gill, Jr.

Duke Power Company Manager - Nuclear Regulatory 526 South Church Street Issues and Industry Affairs P. O. Box 1006 Duke Power Company Mail Code EC07H 526 S. Church St.

Charlotte, North Carolina 28201-1006 Mail Stop EC05P Charlotte, NC 28202 Manager, LIS NUS Corporation Division of Radiation Protection 2650 McCormick Dr., 3rd Floor NC Dept of Environment, Health, & Natural Clearwater, FL 34619-1035 Resources 3825 Barrett Dr.

Senior Resident Inspector Raleigh, NC 27609-7721 U.S. Nuclear Regulatory Commission 7812B Rochester Highway Mr. Peter R. Harden, IV Seneca, SC 29672 VP-Customer Relations and Sales Westinghouse Electric Company Mr. Henry Porter, Director 6000 Fairview Road Division of Radioactive Waste Management 12th Floor Bureau of Land and Waste Management Charlotte, NC 28210 Dept. of Health and Env. Control 2600 Bull St. Mr. Henry Barron Columbia, SC 29201-1708 Group Vice President, Nuclear Generation and Chief Nuclear Officer Mr. Michael A. Schoppman P.O. Box 1006-EC07H Framatome ANP Charlotte, NC 28201-1006 1911 North Ft. Myer Dr.

Suite 705 Rosslyn, VA 22209 Mr. B. G. Davenport Regulatory Compliance Manager Oconee Nuclear Site Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, SC 29672 Ms. Karen E. Long Assistant Attorney General NC Department of Justice P.O. Box 629 Raleigh, NC 27602