ML020370402

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Reply to December 21, 2001 Ltr. - Request for Withholding Information from Public Disclosure
ML020370402
Person / Time
Site: Clinton Constellation icon.png
Issue date: 03/11/2002
From: Hopkins J
NRC/NRR/DLPM/LPD3
To: Kingsley O
Exelon Generation Co, Exelon Nuclear
Hopkins J
References
TAC MB2210
Download: ML020370402 (5)


Text

March 11, 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 21, 2001 (RS-01-311), from K. R. Jury, of AmerGen (Exelon), and affidavit dated December 14, 2001, executed by Glen A. Watford of Global Nuclear Fuel -

Americas, LLC, it was requested that information contained in Attachment A of the letter (stated in paragraph (2) of the affidavit as Additional Information Regarding the Cycle Specific SLMCPR for Clinton Unit 1, Cycle 9, October 1, 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 the affidavit states, The information identified in paragraph (2) is classified as proprietary because it contains details of GNF-As fuel design and licensing methodology.

Paragraph (9) of the affidavit states, Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-As competitive position and foreclose or reduce the availability of profit-making opportunities. The fuel design and licensing methodology is part of GNF-As 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

Mr. O. Kingsley 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

Mr. O. Kingsley 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 DISTRIBUTION:

PUBLIC PD3-2 r/f A. Mendiola J. Hopkins M. Chawla T. Harris OGC ACRS G. Grant, RIII ACCESSION NO: ML020370402 *See previous concurrence OFFICE PM:LPD3-2 PM:LPD3-2 LA:LPD3-2 OGC SC:LPD3-2 NAME MChawla JHopkins THarris MPSiemien* AMendiola DATE 02/28/02 02/28/02 02/28/02 02/12/02 03/11/02 OFFICIAL RECORD COPY

Mr. Oliver D. Kingsley Clinton Power Station, Unit 1 AmerGen Energy Company, LLC cc:

John Skolds K. A. Ainger 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 William Bohlke Senior Vice President Nuclear Services Robert Helfrich 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 John Cotton Warrenville, Illinois 60555 Senior Vice President - Operations Support Document Control Desk-Licensing Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road 4300 Winfield Road Warrenville, Illinois 60555 Warrenville, Illinois 60555 Christopher Crane Illinois Department of Nuclear Safety Senior Vice President - Mid-West Office of Nuclear Facility Safety Regional Operating Group 1035 Outer Park Drive Exelon Generation Company, LLC Springfield, IL 62704 4300 Winfield Road Warrenville, Illinois 60555 J. M. Heffley Vice President Jeffrey Benjamin Clinton Power Station Vice President - Licensing and RR 3, Box 228 Regulatory Affairs Clinton, IL 61727-9351 Exelon Generation Company, LLC 4300 Winfield Road M. J. Pacilio Warrenville, Illinois 60555 Plant Manager Clinton Power Station Robert J. Hovey RR 3, Box 228 Operations Vice President Clinton, IL 61727-9351 Mid-West Regional Operating Group Exelon Generation Company, LLC W. S. Iliff 4300 Winfield Road Regulatory Assurance Manager (Acting)

Warrenville, Illinois 60555 Clinton Power Station RR 3, Box 228 Clinton, IL 61727-9351

Mr. Oliver D. Kingsley Clinton Power Station, Unit 1 AmerGen Energy Company, LLC 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