Exclusive: NRC Lets Duke Energy Withhold Nuclear Safety Details From The Public

A newly released federal letter obtained by WCAB News confirms Duke Energy sought and received approval to withhold technical nuclear safety information from public view, even as regional concerns grow over emergency planning around the McGuire Nuclear Station.

The Nov. 25 determination from the U.S. Nuclear Regulatory Commission states that Duke, backed by Westinghouse Electric Company, requested proprietary treatment for a major component of its license amendment involving the Full Spectrum Loss of Coolant Accident (LOCA) evaluation model used at McGuire and Catawba. Westinghouse argued the information reveals “distinguishing aspects” of its methodology and could give competitors an advantage. The NRC agreed, ruling the material will remain shielded under federal disclosure rules.

The determination means the public — including emergency planners, watchdog groups, and residents — cannot view the complete technical basis for how Duke and Westinghouse model one of the most serious accident scenarios in nuclear operations.

The correspondence surfaces as emergency planning around McGuire continues to draw scrutiny. Nearly 285,000 people live within 10 miles of the plant, according to federal officials. Rutherford County sits just beyond the 50-mile planning radius but remains close enough that local fire officials have told WCAB News they monitor developments carefully. FEMA told WCAB earlier this year it could not provide an estimate of how many people outside the 10-mile zone could be affected in a severe event.

WCAB News previously reported that this reporter was one of only two members of the media present during the Aug. 28 public debrief at Sherrills Ford Library, following a full-scale, multi-county emergency exercise overseen by FEMA Region 4. That exercise tested evacuation, sheltering, communications, and protective actions across Mecklenburg, Lincoln, Gaston, Iredell, and Catawba counties.

Catawba County officials later emphasized they “stand ready to provide a rapid and coordinated response to all affected areas,” noting FEMA’s conclusion that preparedness remains adequate for McGuire.

The NRC’s withholding decision states the restricted material may only be shared with individuals “properly and directly concerned." Under federal regulations, most agency records are supposed to be publicly accessible unless the NRC identifies a compelling reason to withhold them. One of the key exemptions — § 2.390(a)(4) — allows the agency to restrict the release of trade secrets or confidential commercial information when a company submits a properly marked request accompanied by an affidavit explaining the potential competitive harm. 

The letter from the NRC is dated one day before federal revisions of the law went into effect. In Duke Energy’s case, the NRC determined that Westinghouse’s LOCA analysis met those criteria. After weighing the company's claim of proprietary status against the public interest in disclosure, the agency ruled the material would remain non-public, accessible only to individuals directly involved in the licensing review and subject to protective handling if later required in legal or administrative proceedings.

The new federal rule removes several of its older procedural regulations, calling them either outdated, duplicative, or inconsistent with federal law. This step is part of a broader effort ordered under President Trump's Executive Order from May, which directs the agency to streamline its rulebook and support the growth of nuclear energy in the United States. The NRC deleted a long-used “substantial competitive harm” test after the U.S. Supreme Court ruled in Food Marketing Institute v. Argus Leader that the test is not required under the Freedom of Information Act. The agency also removed several procedural rules for its hearings that duplicated requirements already covered elsewhere in federal law, as well as most of its rules for handling claims filed under the Federal Tort Claims Act.

The NRC’s action signals a push toward regulatory cleanup and faster rulemaking. The final rule took effect immediately and did not go through the usual public comment period because it affects only internal procedures, not the rights of outside parties. The agency stresses that these changes will not alter how it handles nuclear safety matters, public access to records, or administrative claims. It also notes that individuals challenging agency decisions can still access documents through the NRC’s public systems, including the Agencywide Documents Access and Management System (ADAMS) and the federal docketing website at Regulations.gov. 

Preparedness materials, evacuation maps, and planning resources for McGuire remain available on Duke Energy’s website.