ML19037A014

Request for Withholding Information from Public Disclosure Oconee Thermal Hydraulic Models for Standby Shutdown Facility Transient Analysis

ML19037A014
Person / Time
Site:	Oconee
Issue date:	02/21/2019
From:	Audrey Klett Plant Licensing Branch II
To:	Burchfield J Duke Energy Carolinas
Klett A
References
EPID L-2018-LLA-0251
Download: ML19037A014 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 21, 2019 Mr. J. Ed Burchfield, Jr.

Site Vice President Oconee Nuclear Station Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672-0752

SUBJECT:

OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: OCONEE THERMAL-HYDRAULIC MODELS FOR STANDBY SHUTDOWN FACILITY TRANSIENT ANALYSIS (EPID L-2018-LLA-0251)

Dear Mr. Burchfield:

By letter RA-19-0086 dated January 24, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19036A625), Duke Energy Carolinas, LLC (the licensee) submitted two affidavits dated January 16, 2019, which were executed by Mr.

Joseph Donahue of the licensee's staff, and Gayle Elliott for Framatome Inc. (Framatome),

requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations ( 10 CFR), Part 2, Section 2.390 for Oconee Nuclear Station, Units 1, 2, and 3:

Letter RA-18-0026 dated September 14, 2018 (ADAMS Accession No. ML18264A023), Attachment 5, "Thermal-Hydraulic Models for Safe Shutdown Facility Transient Analysis [Proprietary]." of letter RA-18-0026 dated September 14, 2018, contains a non-proprietary version of Attachment 5.

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

4(vi) The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke Energy.

(a) Duke Energy uses this information to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power plants.

(b) Duke Energy can sell the information to nuclear utilities, vendors, and consultants for the purpose of supporting the operation and licensing of nuclear power plants.

J. E. Burchfield, Jr. (c) The subject information could only be duplicated by competitors at similar expense that incurred by Duke Energy.

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

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

6(e) The information is vital to a competitive advantage held by Framatome, ... and would likely cause substantial harm to the competitive position of Framatome.

The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavit, has determined that the submitted information sought to be withheld (i.e., Attachment 5) contains proprietary commercial information and should be withheld from public disclosure. Therefore, the aforementioned document 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, the NRC may send copies of this information to its consultants. The NRC will ensure that its 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, the licensee should promptly notify the licensee. The NRC may revisit this determination in the future if, for example, the scope of a Freedom of Information Act request includes this information. The NRC will notify the licensee in advance of any public disclosure if the NRC makes such a determination.

• J. E. Burchfield, Jr. Any questions regarding this matter can be directed to me at 301-415-0489 or Audrey.Klett@nrc.gov.

Sincerely, Audrey Klett, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: Joseph Donahue Vice President, Nuclear Engineering Duke Energy Corporation 7800 Rochester Highway Seneca, SC 29672-0752 Gayle Elliott Deputy Director, Licensing and Regulatory Affairs Framatome Inc.

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