ML020370137
| ML020370137 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 03/05/2002 |
| From: | Hopkins J NRC/NRR/DLPM |
| To: | Kingsley O Exelon Generation Co, Exelon Nuclear |
| Hopkins J , NRR/DLPM, 301-415-3027 | |
| References | |
| TAC MB2210 | |
| Download: ML020370137 (7) | |
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 20, 2001 (RS-01-305), from K. R. Jury of AmerGen (Exelon), and affidavit dated December 10, 2001, executed by George B. Stramback of General Electric Company, it was requested that information contained in Attachment A of this letter (stated in paragraph (2) of the affidavit as Attachment 1 to letter GE-CPS-AEP-088, Response to NRC Audit Request Regarding EPU - LOCA, dated December 10, 2001) be withheld from public disclosure pursuant to 10 CFR 2.790. 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.
(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 (except the affidavit dated November 12, 2001) 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
O. Kingsley 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.
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
ML020370137 OFFICE PM:LPD3-2 PM:LPD3-2 LA:LPD3-2 OGC SC:LPD3-2 NAME MChawla JHopkins THarris MPSiemien AMendiola DATE 02/25/02 02/25/02 02/22/02 02/26/02 03/5/02
Oliver D. Kingsley Clinton Power Station, Unit 1 AmerGen Energy Company, LLC cc:
John Skolds Chief Operating Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 William Bohlke Senior Vice President Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 John Cotton Senior Vice President - Operations Support Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 Christopher Crane Senior Vice President - Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 Jeffrey Benjamin Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 Robert J. Hovey Operations Vice President Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 K. A. Ainger Director-Licensing Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 Robert Helfrich Senior Counsel, Nuclear Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 Document Control Desk-Licensing Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, IL 62704 J. M. Heffley Vice President Clinton Power Station RR 3, Box 228 Clinton, IL 61727-9351 M. J. Pacilio Plant Manager Clinton Power Station RR 3, Box 228 Clinton, IL 61727-9351 W. S. Iliff Regulatory Assurance Manager (Acting)
Clinton Power Station RR 3, Box 228 Clinton, IL 61727-9351 Oliver D. Kingsley 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 Clinton Power Station, Unit 1 AmerGen Energy Company, LLC