ML031260204

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Request for Withholding Information from Public Disclosure, Oyster Creek Nuclear Generating Station Generating
ML031260204
Person / Time
Site: Oyster Creek
Issue date: 05/06/2003
From: Tam P
NRC/NRR/DLPM/LPD1
To: Skolds J
AmerGen Energy Co
Tam P NRR/415-1451
References
TAC MB6959
Download: ML031260204 (5)


Text

May 6, 2003 Mr. John L. Skolds Chairman and CEO AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, OYSTER CREEK NUCLEAR GENERATING STATION (TAC NO. MB6959)

Dear Mr. Skolds:

By your letter dated April 1, 2003, and affidavit dated March 25, 2003, executed by Mr. Jens G. Andersen of Global Nuclear Fuel - Americas, L.L.C. (GNF-A), you submitted Supplemental Information - Technical Specification Change Request No. 312, Safety Limit Minimum Critical Power Ratio for Oyster Creek Nuclear Generating Station, and requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. A non-proprietary copy of this document was also submitted and has been placed in the Nuclear Regulatory Commissions (NRCs) 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:

(i) The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies; (ii) The 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.

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, 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

J. Skolds 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

J. Skolds 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 S. Richards Accession Number: ML031260204 OFFICE PDI-1\PM PDI-1\LA OGC SRXB\SC PDI-1\SC NAME PTam SLittle DHassell JUhle RLaufer DATE 4/15/03 4/3/03 4/29/03 5/2/03 5/6/03 OFFICIAL RECORD COPY

Oyster Creek Nuclear Generating Station cc:

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

Oyster Creek Nuclear Generating Station cc:

Manager Licensing - Oyster Creek and Three Mile Island Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Correspondence Control Desk Exelon Generation Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348