RNP-RA/13-0072, Request for Site-Specific Information Related to Use of Gothic Be Withheld from Public Disclosure in Accordance with 10 CFR 2.390(a)(4)

Request for Site-Specific Information Related to Use of Gothic Be Withheld from Public Disclosure in Accordance with 10 CFR 2.390(a)(4)

ML13234A382
Person / Time
Site:	Robinson
Issue date:	08/08/2013
From:	William Gideon Carolina Power & Light Co, Duke Energy Progress
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
RNP-RA/13-0072
Download: ML13234A382 (5)

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• F:435 139 Serial: RNP.RA/13-0072 AUG 0 8 201t 10 CFR 2.390 United States Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 H. 8. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261/RENEWED LICENSE NO. DPR-23 REQUEST FOR SITE4-PECIFIC INFORMATION PROVIDED SY K. 9. ROBINUO STEAM ELECTRIC PLANT UNIT NO. 2 RELATED TO USE OF GOTHIC BE WITHHELD FROM PUBC Ladies and Gentlemen:

Duke Energy Progress, Inc., fornmey known as Carolina Power and Light Company, kf., hereby submits a request in accordance with 10 CFR 2.390(aX4) ad Information Notice (IN) 2009-07 that information made available by H. B. Robinson Steam Electric Plant (HOSEP), Unit No. 2 to the Nuclear Regulatmy Commission (NRC) in connection with a Region I! inspection of HBRSEP, Unit No. 2 be withheld from public disclosure.

The aforementioned information was made available to the NRC by HBRSEP, Unit No. 2 during the course of the Region II inspection in order to support HBRSEP, Unit No. 2s regulatory position with respect to Unresolved Issue (URI)05000261/2012005-03, "Questions Regarding Whether GOTHIC is SfIciently Qualified for Use in Operability Determinatlons,w opened during the TI-177 Inspection. The NRC staff subsequently used such information. without the prior knowledge of Duke Energy Progress Inc., to produce an internal report deemed useful to NRC regional inspectors and other NRC personnel that need to address whethe GOTHIC or other codes are suitable for site-specific investigations. At the request of the NRC, HBRSEP, Unit No. 2 has reviewed the report and believes that the report contains proprietary information that Is not generally available in the commercial marketplace.

In view of the fact that the report was generated by the NRC staff and is restricted to internal NRC use, this submittal does not contain said report as required by 10 CFR 2.390(b). However, the Enclosure provides an affidavit supporting this 10 CFR 2.390(aX4) request in accordance with 10 CFR 2.390(bXIXiiXEX)(i):

This letter contains no new regulatory commitments. 'Ifyou have any questions concerning this matter, please contact Richard Hightower at (843) 857-1329.

W.R. Gldeon Site Vice President

Serial RNP-RAV13-0072 Page 2 of 2

Enclosure:

Aftidevit - Request to Withhold Proprietary Site-Specilic Inforrmtion From Public Disclosure WRG/pnw C: Mr. V. M. McCree, NRC, Region II Ms. Aracelf Bifloch Colon, NRC Project Manager, NRR NRC Resident Inspector

United tates Nucew Rguatoty Commission Enclout to Serial: RNP-FR13-0072 Page 1 of 3 (Induding Cover Page)

ENCLOSURE AFFIDAVIT REQUEST TO WITHHOLD PROPRI*TARY SITE-PECIFIC INFORMATION FROM PUBLIC DISCLOSURE

United States Nucle Regulatory Commission Enclosure to Serial: R -RA/13-0072 Page 2 of 3 REQUEST TO WITKHOLD -PROIETARYSTEAMMIFICINORMAI FROM PU*_IC DISCLOSURE UNITED STATES NUCLEAR REGULATORY COMWMI H. S. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50261 Duke Energy Progress, Inc., formerly known as Carolina Power and Light Comparry, inc., hereby requests that information obtained by the Nuclear Regulatory Commission (NRC) in connection with a Region Ifinspection at H. B. Robinson Steam Electric Plant (HBRSEP) Unit No. 2 and used by the NRC, without the prior knowledge of Duke Energy Progress, Inc., to support an internal NRC report be withheld from public disclosure due to the fact that such information is proprietary in nature. The details of this request are provided in the following Affidavit:

EF AVIT I, Randy Gideon, H. 8. Robinson Steam Electric Plant, Unit No. 2 Site Vice President, do hereby affirm and state as follows:

1. Iam an officer of Duke Energy Progress, Inc., authorized to execute this affidavit on its behalf. I am further authorized to review information submitted to the NRC and apply for the withxolding of information from disclosure.

2. The information sought to be withheld was obtained by the NRC in connection with a Region II inspection conducted at HBRSEP, Unit No. 2 and was subsequently used by the NRC, without the prior knowledge of Duke Energy Progress, Inc., to support an internal NRC report. At the request of the NRC, HORSEP, Unit No. 2 has reviewed the restricted internal NRC report, which is entitled -Office of Nuclear Reactor Regulation (NRR) Reactor Systems Branch (SRXB) Support of Region Ii Inspection of H. B. Robinson Treatment of Voids in Systems that are Important to Safety', inwhich such information is contained.

3. The information that was made available by HBRSEP, Unit No. 2 to the NRC in connection with the Region IIinspection (TI-I77) is proprietary information that is not generally available Inthe commercial marketplace and should be held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(aX4), because:

i. The information has been held in confidence by Duke Energy Progress, Inc.

ii. The information is of a type that is held Inconfidence by Duke Energy Progress, Inc. and there is rational basis for doing so because the information contains plant-specific computer models and data, which, in some cas, may be subject to confidentiality obligations that Duke Energy Progress, Inc. has to a third party.

Hi. The information was provided to the NRC in confidence for a purpose that was unrelated to the NRC's preparation of the internal report.

iv. The information is not available in public sources and could not be gathered readily from other publicly available informa .

v. Public disclosure of this information could cause harm to Duke Energy Progress, Inc. and any third party to whom Duke Energy Progress, Inc. owes a duty of confident*afity with respect to such information.

United Stat Nuclear lRegulatory Commission Enclosure to Serial: RNP-RW13-0072 Page 3 of 3

4. Accordingly, based on Duke Energy Progress, Inc.'s review of the report, Duke Energy Progress, Inc. requests that the designated document be wWIhe from public disclosure because Duke Energy Progress, Inc. believes such rep contains proprietary information that is subject to the policy reflected in 10 CFR 2390(aX4).

Duke Energy Progress, Inc.

W. R. Gieon Vice President Notary Public Date: uý4S -(-16 My Commission Expire On (QCkhIle,(I ) ) /