ML021400651

Request for Withholding Information from Public Disclosure by Application Dated August 3, 2001

ML021400651
Person / Time
Site:	Catawba, McGuire, Mcguire
Issue date:	05/17/2002
From:	Chandu Patel NRC/NRR/DLPM
To:	Canady K Duke Energy Corp
Patel C P, NRR/DLPM, 415-3025
References
TAC MB2578, TAC MB2579, TAC MB2726, TAC MB2729
Download: ML021400651 (6)

Text

May 17, 2002 Mr. K. S. Canady Duke Energy Corporation 526 South Church Street P.O. Box 1006 Charlotte, NC 28201-1006

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: CATAWBA NUCLEAR STATION, UNITS 1 AND 2, AND MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 (TAC NOS. MB2726, MB2729, MB2578, AND MB2579)

Dear Mr. Canady:

By your application dated August 3, 2001, and your affidavit dated August 3, 2001, you submitted Duke Power (Duke) topical report, DPC-NE-1005P, Nuclear Design Methodology Using CASMO-4/SIMULATE-3 MOX, for NRC staff review and approval. Along with your affidavit you also submitted an affidavit from Mr. James F. Mallay of Framatome Advance Nuclear Power (FRA-ANP) executed on July 26, 2001, and an affidavit from Mr. Michel Ponticq of Electricite de France (EDF) executed on June 19, 2001, and requested that the subject topical report be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. This document is owned by Duke, FRA-ANP, and EDF.

You submitted a nonproprietary copy of this topical report on August 6, 2001. The nonproprietary copy has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

In your affidavit you stated that this information enables Duke to:

(a) Support license amendment and Technical Specification revision requests for its McGuire and Catawba reactors.

(b) Perform nuclear design calculations on McGuire and Catawba reactor cores containing low enriched uranium fuel.

(c) Perform nuclear design calculations on future planned McGuire and Catawba reactor cores containing a mixture of low enriched uranium and mixed oxide fuels.

The affidavit from Mr. James F. Mallay stated that the following criteria are customarily applied by FRA-ANP to determine whether information should be classified as proprietary:

(a) The information reveals details of FRA-ANPs research and development plans and programs or their results.

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process,

2 methodology, or component, the application of which results in a competitive advantage for FRA-ANP.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component the exclusive use of which provides a competitive advantage for FRA-ANP in product optimization or marketability.

The affidavit from Mr. Michel Ponticq stated that the proprietary information sought to be withheld from public disclosure has substantial commercial value to EDF because the information:

(a) Is not available to other parties and would require substantial cost to develop independently.

(b) Has been sought by other parties in return for monetary payment.

(c) Consists of reactor operating data, which is not readily available to others and therefore has value to EDF.

Mr. Ponticqs affidavit also stated that the public disclosure of this information is likely to cause harm to EDF because it would allow other competitors in the nuclear industry to benefit from the results of an extensive reactor monitoring and measurement program without requiring commensurate expense or allowing EDF to recoup a portion of its expenditures or benefit from the sale of the information.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements and those of Mr. Mallay and Mr. Ponticq, 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 2.790(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

3 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 301-415-3025.

Sincerely,

/RA/

Chandu P. Patel, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369, and 50-370 cc: See next page

May 17, 2002 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 301-415-3025.

Sincerely,

/RA/

Chandu P. Patel, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369, and 50-370 cc: See next page DISTRIBUTION:

PUBLIC PDII-1 R/F HBerkow JNakoski CHawes CPatel MPSiemien, OGC RHaag, RII ADAMS ACCESS.NO.ML021400651 OFFICE PDII-1/PM PDII-1/LA PDII-1/SC OGC NAME CPatel CHawes JNakoski MPSiemien DATE 05/13/02 05/13/02 05/14/02 05/13/02 OFFICIAL RECORD COPY

McGuire Nuclear Station Catawba Nuclear Station cc:

M. Michel Ponticq Dr. John M. Barry EDF Industry, Fuel Division Mecklenburg County Cap Ampere Department of Environmental 1, Place Pleyel Protection 93282 Saint-Denis Cedex 700 N. Tryon Street France Charlotte, North Carolina 28202 Mr. James Mallay Mr. Richard M. Fry, Director Framatome ANP Division of Radiation Protection 3315 Old Forest Road North Carolina Department of PO Box 10935 Environment, Health, and Lynchburg, VA 24506-6156 Natural Resources 3825 Barrett Drive Ms. Lisa F. Vaughn Raleigh, North Carolina 27609-7721 Legal Department (PBO5E)

Duke Energy Corporation Ms. Karen E. Long 422 South Church Street Assistant Attorney General Charlotte, North Carolina 28201-1006 North Carolina Department of Justice County Manager of Mecklenburg County P. O. Box 629 720 East Fourth Street Raleigh, North Carolina 27602 Charlotte, North Carolina 28202 Mr. C. Jeffrey Thomas Mr. Michael T. Cash Manager - Nuclear Regulatory Regulatory Compliance Manager Licensing Duke Energy Corporation Duke Energy Corporation McGuire Nuclear Site 526 South Church Street 12700 Hagers Ferry Road Charlotte, North Carolina 28201-1006 Huntersville, North Carolina 28078 Elaine Wathen Anne Cottingham, Esquire Lead REP Planner Winston and Strawn Division of Emergency Management 1400 L Street, NW. 116 West Jones Street Washington, DC 20005 Raleigh, North Carolina 27603-1335 Senior Resident Inspector Mr. T. Richard Puryear c/o U. S. Nuclear Regulatory Owners Group (NCEMC)

Commission Duke Energy Corporation 12700 Hagers Ferry Road 4800 Concord Road Huntersville, North Carolina 28078 York, South Carolina 29745 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210

McGuire Nuclear Station Catawba Nuclear Station cc:

Mr. Gary Gilbert North Carolina Electric Membership Regulatory Compliance Manager Corporation Duke Energy Corporation P. O. Box 27306 4800 Concord Road Raleigh, North Carolina 27611 York, South Carolina 29745 Senior Resident Inspector North Carolina Municipal Power 4830 Concord Road Agency Number 1 York, South Carolina 29745 1427 Meadowwood Boulevard P. O. Box 29513 Mr. G. R. Peterson Raleigh, North Carolina 27626-0513 Site Vice President Catawba Nuclear Station County Manager of York County Duke Energy Corporation York County Courthouse 4800 Concord Road York, South Carolina 29745 York, South Carolina 29745 Piedmont Municipal Power Agency Mr. H. B. Barron 121 Village Drive Vice President, McGuire Site Greer, South Carolina 29651 Duke Energy Corporation 12700 Hagers Ferry Road Saluda River Electric Huntersville, North Carolina 28078 P. O. Box 929 Laurens, South Carolina 29360 Virgil R. Autry, Director Division of Radioactive Waste Management Bureau of Solid and Hazardous Waste Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201