ML022630011
| ML022630011 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 10/24/2002 |
| From: | Boska J NRC/NRR/DLPM/LPD1 |
| To: | Stramback G General Electric Co |
| References | |
| TAC MB5192, TAC MB5193 | |
| Download: ML022630011 (6) | |
Text
October 24, 2002 Mr. George B. Stramback Project Manager, Regulatory Services General Electric Company 175 Curtner Avenue San Jose, CA 95125
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 (TAC NOS. MB5192 AND MB5193)
Dear Mr. Stramback:
By letter dated September 11, 2002, Exelon Generation Company, LLC (EGC), responded to a request for additional information concerning operations at a higher power level for the Peach Bottom Atomic Power Station (PBAPS), Units 2 and 3. Attachment 1 of that response included portions of General Electric Companys (GEs) letter, GE-PBAPS-TPO-094, PBAPS TPO, Response to [Nuclear Regulatory Commission] NRC Requests for Additional Information (RAI)
- 2, 3, 4, 6, 7, 10, 11, and 13, dated August 26, 2002. With Attachment 4 of the September 11, 2002, letter, EGC submitted GE Errata and Addenda to NEDC-33064P, Safety Analysis Report for Peach Bottom Atomic Power Station Thermal Power Optimization, dated July 10, 2002.
Attachments 1 and 4 included affidavits requesting that these attachments be withheld from public disclosure as proprietary information.
By letter dated September 24, 2002, EGC submitted GE proprietary document, NEDC-33064P, Safety Analysis Report for Peach Bottom Atomic Power Station Units 2 & 3 Thermal Power Optimization, Revision 1, dated September 2002. EGC reported that this revision superseded NEDC-33064P, Revision 0, submitted with EGCs application dated May 24, 2002, and incorporated the changes outlined by the GE Errata and Addenda to NEDC-33064P submitted in Attachment 4 of the September 11, 2002, letter.
The September 11, 2002, letter included your affidavits dated August 26, 2002, for and September 5, 2002, for Attachment 4. Additionally, the September 24, 2002, letter included your affidavit dated September 18, 2002, for NEDC-33064P, Revision 1. These affidavits requested that these documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Sections 2.790(a)(4), 2.790(d)(1), and 9.17(a)(4).
Each affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(1)
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; and (2)
Information which, if used by a competitor, would reduce his expenditure of
G. Stramback resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
We have reviewed your applications and the material in accordance with the requirements of 10 CFR Sections 2.790 and 9.17(a)(4) and, on the basis of your statements, have determined that the information, submitted in Attachment 1 of the September 11, 2002, letter, and NEDC-33064P, Revision 1, submitted with the September 24, 2002, letter, sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, Attachment 1 of the September 11, 2002, letter, and NEDC-33064P, Revision 1, from the September 24, 2002, letter, 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. A nonproprietary version of each of these documents has been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
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.
With regard to the information contained in GE Errata and Addenda to NEDC-33064P, Revision 0, submitted in the September 11, 2002, letter, by letter from John P. Boska, NRC, to George B. Stramback, GE, dated September 9, 2002, we have previously concluded that you did not provide sufficient justification to us to determine that the information submitted in NEDC-33064P, Revision 0, sought to be withheld from the public contains proprietary, or confidential commercial or financial information. The basis for the September 9, 2002, letter remains valid since the GE Errata and Addenda to NEDC-33064P, Revision 0, dated July 10, 2002, only amends the original document. However, by letter from you to the NRC, dated October 7, 2002, GE requested that NEDC-33064P, Revision 0, be withdrawn. Therefore, NEDC-33064P, Revision 0, and GE Errata and Addenda to NEDC-33064P are considered withdrawn, and your request to withhold these documents from public disclosure is also considered withdrawn.
G. Stramback If you have any questions regarding this matter, I may be reached at 301-415-2901.
Sincerely,
/RA/
John P. Boska, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: See next page
ML022630011 OFFICE PDI-2/PM PDI-2/LA SRXB/BC OGC PDI-2/(A)SC NAME JBoska MOBrien JWermiel RBaum for MPSiemien JAndersen DATE 10-16-02 10/17/02 10/17/02 10/22/02 10/23/02
Peach Bottom Atomic Power Station, Units 2 and 3 cc:
Vice President, General Counsel and Secretary Exelon Generation Company, LLC 300 Exelon Way Kennett Square, PA 19348 Site Vice President Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Plant Manager Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Regulatory Assurance Manager Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Resident Inspector U.S. Nuclear Regulatory Commission Peach Bottom Atomic Power Station P.O. Box 399 Delta, PA 17314 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Roland Fletcher Department of Environment Radiological Health Program 2400 Broening Highway Baltimore, MD 21224 Correspondence Control Desk Exelon Generation Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348 Rich Janati, Chief Division of Nuclear Safety Bureau of Radiation Protection Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Board of Supervisors Peach Bottom Township 575 Broad Street Ext.
Delta, PA 17314-9203 Mr. Richard McLean Power Plant and Environmental Review Division Department of Natural Resources B-3, Tawes State Office Building Annapolis, MD 21401 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803 Manager-Financial Control & Co-Owner Affairs Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, NJ 08038-0236 Manager Licensing-Limerick and Peach Bottom Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348
Peach Bottom Atomic Power Station, Units 2 and 3 cc:
Director - Licensing Mid-Atlantic Regional Operating Group Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Vice President-Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Vice President Mid-Atlantic Regional Operating Group Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Senior Vice President, Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President, Mid-Atlantic Operations Support Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Manager License Renewal Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348 Mr. John L. Skolds, President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348