ML020370088

Ltr. Dtd. December 6, 2001 - Request for Withholding Information from Public Disclosure

ML020370088
Person / Time
Site:	Clinton
Issue date:	03/05/2002
From:	Hopkins J Office of Nuclear Reactor Regulation
To:	Kingsley O Exelon Nuclear
Hopkins, JB, NRR/DLPM/LPD III-2, 415-302
References
TAC MB2210
Download: ML020370088 (6)

Text

March 5, 2002 Mr. Oliver D. Kingsley, President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555

SUBJECT:

CLINTON POWER STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB2210)

Dear Mr. Kingsley:

By letter dated December 6, 2001 (RS-01-278), from K. R. Jury of AmerGen (Exelon), and affidavits dated November 21, 2001 and November 19, 2001, executed by George B.

Stramback of General Electric Company, it was requested that information contained in Attachment A of this letter ( See table below for the contents of proprietary information to be withheld) be withheld from public disclosure pursuant to 10 CFR 2.790.

Date of the Affidavit Information sought Description to be withheld November 21, 2001 Attachment 2 to Response to NRC Request for Additional letter GE-CPS- Information (RAI) Regarding EPU- RAIs 9.1, AEP-081 9.2, 9.4, and 10.7, dated November 21, 2001 November 19, 2001 Attachment 1 to Response to NRC Request for Additional letter GE-CPS- Information (RAI) Regarding EPU- RAIs 9.5, AEP-079 9.6, and 10.8, dated November 19, 2001 Attachment C of the letter contains a non-proprietary version of Attachment A and has been placed in the Nuclear Regulatory Commission (NRC) public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.

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

(A) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics competitors without license from General Electric constitutes a competitive economic advantage over other companies.

Mr. Oliver D. Kingsley (B) Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

Paragraph (8) of each affidavit states, The information identified in paragraph (2),

above, is classified as proprietary because it contains further details regarding the GE proprietary report NEDC-32989, Safety Analysis Report for Clinton Power Station Extended Power Uprate, Class III (GE Proprietary Information), dated June 2001, which contains detailed results of analytical models, methods and processes, including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of transient and accident events in the GE Boiling Water Reactor (BWR).

Paragraph (9) of each affidavit states, Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEs competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GEs comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version(s) 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.

Mr. Oliver D. Kingsley 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 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 301-415-3027.

Sincerely,

/RA/

Jon B. Hopkins, Senior Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-461 cc: See next page

ML020370088 *See Previous Concurrence Sheet OFFICE PM:LPD3-2 PM:LPD3-2 LA:LPD3-2 OGC* SC:LPD3-2 NAME MChawla JHopkins THarris MPSiemien AMendiola DATE 02/27/02 02/27/02 02/27/02 02/21/02 03/5/02 Clinton Power Station, Unit 1 cc:

Chief Operating Officer Director-Licensing Exelon Generation Company, LLC Mid-West Regional Operating Group 4300 Winfield Road Exelon Generation Company, LLC Warrenville, Illinois 60555 4300 Winfield Road Warrenville, Illinois 60555 Senior Vice President - Nuclear Services Exelon Generation Company, LLC Senior Counsel, Nuclear 4300 Winfield Road Mid-West Regional Operating Group Warrenville, Illinois 60555 Exelon Generation Company, LLC 4300 Winfield Road Vice President - Mid-West Opns Support Warrenville, Illinois 60555 Exelon Generation Company, LLC 4300 Winfield Road Document Control Desk-Licensing Warrenville, Illinois 60555 Exelon Generation Company, LLC 4300 Winfield Road Senior Vice President - Mid-West Warrenville, Illinois 60555 Regional Operating Group Exelon Generation Company, LLC Illinois Department of Nuclear Safety 4300 Winfield Road Office of Nuclear Facility Safety Warrenville, Illinois 60555 1035 Outer Park Drive Springfield, IL 62704 Vice President - Licensing and Regulatory Affairs Site Vice President - Clinton Power Station Exelon Generation Company, LLC AmerGen Energy Company, LLC 4300 Winfield Road Clinton Power Station Warrenville, Illinois 60555 RR 3, Box 228 Clinton, IL 61727-9351 Manager Licensing - Clinton and LaSalle Exelon Generation Company, LLC Clinton Power Station Plant Manager 4300 Winfield Road AmerGen Energy Company, LLC Warrenville, IL 60555 Clinton Power Station RR 3, Box 228 Clinton, IL 61727-9351 Regulatory Assurance Manager - Clinton AmerGen Energy Company, LLC Clinton Power Station RR 3, Box 228 Clinton, IL 61727-9351

Clinton Power Station, Unit 1 cc:

Resident Inspector U.S. Nuclear Regulatory Commission RR#3, Box 229A Clinton, IL 61727 R. T. Hill Licensing Services Manager General Electric Company 175 Curtner Avenue, M/C 481 San Jose, CA 95125 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Chairman of DeWitt County c/o County Clerks Office DeWitt County Courthouse Clinton, IL 61727 J. W. Blattner Project Manager Sargent & Lundy Engineers 55 East Monroe Street Chicago, IL 60603