ML031880835

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Review of Request for Withholding Information from Public Disclosure, TAC Nos. MB7850 and MB7851
ML031880835
Person / Time
Site: Dresden  Constellation icon.png
Issue date: 07/24/2003
From: Rossbach L
NRC/NRR/DLPM/LPD3
To: Robare D
General Electric Co
Rossbach L, 415-2863, NRR/DLPM
References
GE-NE-0000-0002-9600-01 Rev 0, GE-NE-0000-0002-9629-01 Rev 0, TAC MB7850, TAC MB7851
Download: ML031880835 (5)


Text

July 24, 2003 Mr. David J. Robare General Electric Company, 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DRESDEN NUCLEAR POWER STATION, UNITS 2 AND 3 (TAC NOS. MB7850 AND MB7851)

Dear Mr. Robare:

By letter dated February 27, 2003, Exelon Generation Company, LLC, submitted an affidavit dated February 3, 2003, executed by you requesting that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

1) Pressure-Temperature Curves for Exelon Dresden Unit 2, GE-NE-0000-0002-9629-01, Revision 0, Class III, and
2) Pressure-Temperature Curves for Exelon Dresden Unit 3, GE-NE-0000-0002-9600-01, Revision 0, Class III.

A nonproprietary copy of these documents 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 (ADAMS).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure because it is:

a. 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;
b. 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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the versions 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.

D. Robare 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 301-415-2863.

Sincerely,

/RA/

Lawrence W. Rossbach Project Manager Project Directorate III, Section 2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-237 and 50-249 cc: See next page

Dresden Nuclear Power Units 2 and 3 cc:

Site Vice President - Dresden Nuclear Power Station Vice President Exelon Generation Company, LLC Mid-West Regional Operating Group 6500 N. Dresden Road Exelon Generation Company, LLC Morris, IL 60450-9765 4300 Winfield Road Warrenville, IL 60555 Dresden Nuclear Power Station Plant Manager Exelon Generation Company, LLC Senior Vice President 6500 N. Dresden Road Mid-West Regional Operating Group Morris, IL 60450-9765 Exelon Generation Company, LLC 4300 Winfield Road Regulatory Assurance Manager - Dresden Warrenville, IL 60555 Exelon Generation Company, LLC 6500 N. Dresden Road Vice President - Licensing and Regulatory Morris, IL 60450-9765 Affairs Exelon Generation Company, LLC U.S. Nuclear Regulatory Commission 4300 Winfield Road Dresden Resident Inspectors Office Warrenville, IL 60555 6500 N. Dresden Road Morris, IL 60450-9766 Director - Licensing Mid-West Regional Operating Group Chairman Exelon Generation Company, LLC Grundy County Board 4300 Winfield Road Administration Building Warrenville, IL 60555 1320 Union Street Morris, IL 60450 Senior Counsel, Nuclear Mid-West Regional Operating Group Regional Administrator Exelon Generation Company, LLC U.S. NRC, Region III 4300 Winfield Road 801 Warrenville Road Warrenville, IL 60555 Lisle, IL 60532-4351 Manager Licensing - Dresden and Illinois Department of Nuclear Safety Quad Cities Office of Nuclear Facility Safety Exelon Generation Company, LLC 1035 Outer Park Drive 4300 Winfield Road Springfield, IL 62704 Warrenville, IL 60555 Document Control Desk-Licensing Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Vice President, Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

D. Robare 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 301-415-2863.

Sincerely,

/RA/

Lawrence W. Rossbach Project Manager Project Directorate III, Section 2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-237 and 50-249 cc: See next page DISTRIBUTION:

PUBLIC MBanerjee PDIII-1 R/F MRing, Region III WRuland BElliot, EMCB AMendiola SCoffin,EMCB LRossbach JUhle, DSSA PCoates DHassell, OGC ADAMS Accession Number: ML031880835

  • See previous concurrences OFFICE PM:PDIII-2 SC:PDIII-2 DE/EMCB DE/EMCB DSSA/SRXB LA:PDIII-2 OGC NAME LRossbach AMendiola BElliot* SCoffin* JUhle* PCoates DHassell*

DATE 07/24/03 07/24/03 07/18/03 07/12/03 07/8/03 07/24/03 07/27/03 OFFICIAL RECORD COPY