ML030900837
| ML030900837 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 04/24/2003 |
| From: | Mahesh Chawla NRC/NRR/DLPM/LPD3 |
| To: | Skolds J Exelon Generation Co, Exelon Nuclear |
| CHAWLA M, NRR/DLPM, 415-3019 | |
| References | |
| TAC MB7371, TAC MB7372 | |
| Download: ML030900837 (6) | |
Text
April 24, 2003 Mr. John L. Skolds, President Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
BYRON STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB7371 AND MB7372)
Dear Mr. Skolds:
By letter from Exelon Generation Company, LLC dated January 17, 2003, and Westinghouses affidavit, executed by Henry A. Sepp, dated January 3, 2003, requesting that the following attachments to your letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.790:
Attachment 1 - Request for Exemption from the Provisions of 10 CFR 50.44, 10 CFR 50.46 and 10 CFR 50 Appendix K For Replacement Fuel Rods in One Lead Test Assembly (LTA) with Supporting Justification.
Attachment 2 - Request for Approval of Fuel Rod Burnup Beyond the Current Licensing Basis.
A nonproprietary copy of this document has been placed in the U. S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies b) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
c) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
d) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
J. Skolds e) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
f) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
g) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
A telephone conference was held on March 10, 2003, with the representatives of Exelon and Westinghouse to address the concerns of NRC staff regarding blank paragraphs in the non-proprietary version of the document, and lack of adequate information required for preparation of the safety evaluation report (SER). In their supplemental non-proprietary submittal, dated March 24, 2003, Exelon has provided the additional information required.
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
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 301-415-8371.
Sincerely,
/RA/
Mahesh Chawla, Project Manager, Section 2 Project Directorate 3 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. STN 50-454 and STN 50-455 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 301-415-8371.
Sincerely,
/RA/
Mahesh Chawla, Project Manager, Section 2 Project Directorate 3 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. STN 50-454 and STN 50-455 cc: See Next Page DISTRIBUTION:
Hard Copy:
PUBLIC PDIII-2 Reading E-Mail:
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RidsNrrLAPCoates RidsNrrPMMChawla MPSiemien (OGC)
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ADAMS Accession No.: ML030900837 *See previous concurrences NRR-084 OFFICE PM:LPD3-2 PM:LPD3-2 LA:LPD3-2 SC:SRXB OGC SC:LPD3-2 NAME MChawla GDick* PCoates FAkstulewicz* RBaum* AMendiola DATE 4/22/03 4/03/03 4/21/03 4/17/03 4/15/03 4/24/03 OFFICIAL AGENCY RECORD
Byron Station Units 1 and 2 cc:
Regional Administrator, Region III U.S. Nuclear Regulatory Commission Attorney General 801 Warrenville Road 500 S. Second Street Lisle, IL 60532-4351 Springfield, IL 62701 Illinois Department of Nuclear Safety Byron Station Manager Office of Nuclear Facility Safety Exelon Generation Company, LLC 1035 Outer Park Drive 4450 N. German Church Road Springfield, IL 62704 Byron, IL 61010-9794 Document Control Desk-Licensing Site Vice President - Byron Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road 4450 N. German Church Road Warrenville, IL 60555 Byron, IL 61010-9794 Ms. C. Sue Hauser, Project Manager Senior Vice President - Nuclear Services Westinghouse Electric Corporation Exelon Generation Company, LLC Energy Systems Business Unit 4300 Winfield Road Post Office Box 355 Warrenville, IL 60555 Pittsburgh, PA 15230 Vice President Joseph Gallo Mid-West Operations Support Gallo & Ross Exelon Generation Company, LLC 1025 Connecticut Ave., NW, Suite 1014 4300 Winfield Road Washington, DC 20036 Warrenville, IL 60555 Howard A. Learner Senior Vice President Environmental Law and Policy Mid-West Regional Operating Group Center of the Midwest Exelon Generation Company, LLC 35 East Wacker Drive 4300 Winfield Road Suite 1300 Warrenville, IL 60555 Chicago, IL 60601-2110 Chairman U.S. Nuclear Regulatory Commission Will County Board of Supervisors Byron Resident Inspectors Office Will County Board Courthouse 4448 North German Church Road Joliet, Illinois 60434 Byron, IL 61010-9750 Ms. Lorraine Creek RR 1, Box 182 Manteno, IL 60950 Chairman, Ogle County Board Post Office Box 357 Oregon, IL 61061 Mrs. Phillip B. Johnson 1907 Stratford Lane Rockford, IL 61107
Byron Station Units 1 and 2 Illinois Emergency Management Agency Division of Disaster Assistance &
Preparedness 110 East Adams Street Springfield, Illinois 62701-1109 Director Licensing Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regulatory Assurance Manager - Byron Exelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794 Senior Counsel, Nuclear Mid-West Regional Operating Group Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Braidwood and Byron Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555