Nuclear Regulatory Commission Withholds Information from Public Disclosure for Oconee Nuclear Station

Strategic Insights -

The United States Nuclear Regulatory Commission has issued a document, dated July 29, 2020, regarding the Oconee Nuclear Station. The document pertains to a request from Duke Energy Carolinas, LLC, to withhold information from public disclosure. The information in question relates to analysis methodology details that provide a competitive advantage to Duke Energy. The Commission has determined that the submitted information contains proprietary commercial information and should be withheld from public disclosure. The withholding of information will not affect the right of persons properly and directly concerned to inspect the documents, and the Commission may revisit this determination in the future if the basis for withholding changes.

Key Takeaways:

  • The Nuclear Regulatory Commission has issued a document dated July 29, 2020, regarding the Oconee Nuclear Station.
  • Duke Energy Carolinas, LLC, requested that information be withheld from public disclosure, citing proprietary commercial information and competitive advantage.
  • The Commission determined that the submitted information contains proprietary commercial information and should be withheld from public disclosure.
  • The information includes analysis methodology details that provide a competitive advantage to Duke Energy.
  • The withholding of information does not affect the right of persons properly and directly concerned to inspect the documents.
  • The NRC may revisit this determination in the future if the basis for withholding changes.
  • The Commission has signed agreements with consultants to handle proprietary information.
  • The licensee should promptly notify the NRC if the basis for withholding this information from public inspection should change.

Statistics:

  • 10 CFR 2.390, the regulation governing public disclosure, applies to this case.
  • The Commission has withheld information from public disclosure twice in the past year (ML20168A980 and ML20209A408).
  • The Oconee Nuclear Station has a total of 3 units, Units 1, 2, and 3.
  • The licensee, Duke Energy Carolinas, LLC, submitted an affidavit on June 3, 2020, requesting the withholding of information.
  • The NRC has a Plant Licensing Branch that reviews and approves license amendments for nuclear reactors.
  • The Commission has a Freedom of Information Act request that may lead to the reconsideration of this determination.
  • The NRC has a listserv distribution system that allows for the notification of interested parties.

Sources:

  • United States Nuclear Regulatory Commission Document, dated July 29, 2020.
  • Duke Energy Carolinas, LLC's affidavit, dated June 3, 2020.
  • Atomic Energy Act of 1954, as amended.
  • 10 CFR 2.390, governing public disclosure.