ML021570249

Request to Withhold Information from Public Disclosure

ML021570249
Person / Time
Site:	Quad Cities
Issue date:	07/11/2002
From:	Lyon C NRC/NRR/DLPM/LPD3
To:	Skolds J Exelon Generation Co, Exelon Nuclear
Lyon C, NRR/DLPM, 415-2296
References
TAC MB5209
Download: ML021570249 (5)

Text

July 11, 2002 Mr. John L. Skolds, President Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

QUAD CITIES NUCLEAR POWER STATION, UNIT 1 - REQUEST TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB5209)

Dear Mr. Skolds:

By Exelon Generation Company, LLCs application dated May 30, 2002, which included Global Nuclear Fuel-Americas, LLCs (GNF-As), affidavit dated May 28, 2002, executed by J.G.

Andersen, you submitted a license amendment request for Quad Cities Unit 1 Cycle 18 Safety Limit Minimum Critical Power Ratio (SLMCPR) and requested that Attachment F (Additional Information Regarding the Cycle Specific SLMCPR for Quad Cities Unit 1 Cycle 18") be withheld from public disclosure pursuant to 10 CFR 2.790. Your application also provided Attachment G, a nonproprietary version of Attachment F. Attachment G has been placed in the 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:

The information identified in Attachment F is classified as proprietary because it contains details of GNF-As fuel design and licensing methodology. The development of the methods used in these analyses, along with the testing, development, and approval of the supporting methodology was achieved at a significant cost, on the order of several million dollars, to GNF-A or its licensor.

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 boiling-water reactor 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.

J. Skolds The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GNF-A or its licensor.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GNF-As competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of the information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

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, Attachment F 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

J. Skolds 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 301-415-2296.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-254 cc: See next page

J. Skolds 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 301-415-2296.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-254 cc: See next page DISTRIBUTION:

PUBLIC MRing, RIII PD3-2 r/f RCaruso FLyon MPSiemien, OGC AMendiola CRosenberg Accession Number: ML021570249 OFFICE PDIII-2/PM PDIII-2/LA SRXB/SC OGC PDIII-2/SC NAME FLyon CRosenberg RCaruso MPSiemien AMendiola

/RA/ by GDick DATE 06/14/02 06/10/02 06/17/02 07/01/02 07/11/02 OFFICIAL RECORD COPY