ML021400381

Request for Withholding Information from Public Disclosure

ML021400381
Person / Time
Site:	Oyster Creek
Issue date:	05/16/2002
From:	Tam P NRC/NRR/DLPM/LPD1
To:	Kingsley O Exelon Generation Co
Tam P, NRR/DLPM, 415-1451
References
TAC MB4960
Download: ML021400381 (4)

Text

May 16, 2002 Mr. Oliver D. Kingsley, President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, OYSTER CREEK NUCLEAR GENERATING STATION (TAC NO. MB4960)

Dear Mr. Kingsley:

By a letter dated April 26, 2002, Mr. Michael P. Gallagher of AmerGen Energy Company, LLC, submitted an application for amendment to the Oyster Creek Nuclear Generating Station operating license. The application included an affidavit executed on April 2, 2002, by Mr. George B. Stramback of General Electric Company (GE), requesting that Enclosure 3 of the application, Application of Stability Long-Term Solution Option II to Oyster Creek, NEDC-33065P, Revision 0, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. Mr. Gallagher also submitted a non-proprietary version of the same document as Enclosure 4 for placement in the NRC public document room and addition 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:

(i) This information 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; (ii) This information, 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; (iii) This information discloses patentable subject matter for which it may be desirable to obtain patent protection.

O. D. Kingsley We have reviewed Mr. Strambacks affidavit in accordance with the requirements of 10 CFR 2.790. On the basis of Mr. Strambacks statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version 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 301-415-1451.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page

O. D. Kingsley We have reviewed Mr. Strambacks affidavit in accordance with the requirements of 10 CFR 2.790. On the basis of Mr. Strambacks statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version 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 301-415-1451.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page DISTRIBUTION:

PUBLIC S. Little B. Platchek, RGI PDI-1 Reading File R. Laufer P. Tam M. P. Siemien, OGC Accession Number: ML021400381 OFFICE PDI-1\PM PDI-1\LA OGC PDI-1\SC NAME PTam SLittle MSiemien RLaufer DATE 5/10/02 5/10/02 5/14/02 5/16/02 OFFICIAL RECORD COPY

Oyster Creek Nuclear Generating Station cc:

Chief Operating Officer Mayor of Lacey Township Exelon Generation Company, LLC 818 West Lacey Road 4300 Winfield Road Forked River, NJ 08731 Warrenville, IL 60555 Senior Resident Inspector Senior Vice President - Nuclear Services U.S. Nuclear Regulatory Commission Exelon Generation Company, LLC P.O. Box 445 4300 Winfield Road Forked River, NJ 08731 Warrenville, IL 60555 Director - Licensing Vice President - Mid-Atlantic Operations Exelon Generation Company, LLC Support Correspondence Control Desk Exelon Generation Company, LLC P.O. Box 160 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Kennett Square, PA 19348 Oyster Creek Generating Station Plant Senior Vice President - Manager Mid Atlantic Regional Operating Group AmerGen Energy Company, LLC Exelon Generation Company, LLC P.O. Box 388 200 Exelon Way, KSA 3-N Forked River, NJ 08731 Kennett Square, PA 19348 Regulatory Assurance Manager Kevin P. Gallen, Esquire Oyster Creek Nuclear Generating Station Morgan, Lewis, & Bockius LLP AmerGen Energy Company, LLC 1800 M Street, NW P.O. Box 388 Washington, DC 20036-5869 Forked River, NJ 08731 Kent Tosch, Chief Vice President, General Counsel and New Jersey Department of Secretary Environmental Protection Exelon Generation Company, LLC Bureau of Nuclear Engineering 300 Exelon Way CN 415 Kennett Square, PA 19348 Trenton, NJ 08625 J. Rogge, Region I Vice President - U.S. Nuclear Regulatory Commission Licensing and Regulatory Affairs 475 Allendale Road Exelon Generation Company, LLC King of Prussia, PA 19406-1415 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Oyster Creek and Three Mile Island Site Vice President Exelon Generation Company, LLC Oyster Creek Nuclear Generating Station Nuclear Group Headquarters AmerGen Energy Company, LLC Correspondence Control PO Box 388 P.O. Box 160 Forked River, NJ 08731 Kennett Square, PA 19348 H. J. Miller Correspondence Control Desk Regional Administrator, Region I Exelon Generation Company, LLC U.S. Nuclear Regulatory Commission 200 Exelon Way, KSA 1-N-1 475 Allendale Road Kennett Square, PA 19348 King of Prussia, PA 19406-1415