ML031920148

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Relief Request, Witholding Information from Public Disclosure,
ML031920148
Person / Time
Site: Quad Cities Constellation icon.png
Issue date: 07/24/2003
From: Lyon C
NRC/NRR/DLPM/LPD3
To: Klapproth J
General Electric Co
References
Download: ML031920148 (3)


Text

July 24, 2003 Mr. James F. Klapproth, Manager Engineering & Technology General Electric Company 175 Curtner Avenue, Mail Code 706 San Jose, CA 95125

SUBJECT:

GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR QUAD CITIES NUCLEAR POWER STATION, UNIT 2 (TAC NO. MB9539)

Dear Mr. Klapproth:

By letter dated July 9, 2003, Exelon Generation Company, LLC, submitted an affidavit dated July 9, 2003, executed by you on behalf of General Electric Company (GE), requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790: (Typical Presentation Slides to be used at the July 25, 2003, NRC Meeting).

A nonproprietary version of Attachment 1 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:

(1) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEs competitors without license from GE constitutes a competitive economic advantage over other companies.

(2) 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.

(3) The information sought to be withheld is being submitted to NRC in confidence.

The information is of a sort customarily held in confidence by GE, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public sources.

(4) The information identified in Attachment 1 is classified as proprietary because it contains details and conclusions from evaluations of the Steam Dryer analyses and repairs utilizing inspection techniques, testing,

J. Klapproth analytical models and methods, including computer codes, which GE has developed. The development of these models and computer codes was achieved at a significant cost to GE.

(5) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEs competitive position.

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 1 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 should also 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 301-415-2296.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-265 cc: See next page

J. Klapproth analytical models and methods, including computer codes, which GE has developed. The development of these models and computer codes was achieved at a significant cost to GE.

(5) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEs competitive position.

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 1 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 should also 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 301-415-2296.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-265 cc: See next page DISTRIBUTION:

PUBLIC A. Mendiola PDIII-2 r/f OGC M. Ring, RIII F. Lyon P. Coates D. Terao ACRS ADAMS Accession Number: ML031920148 *Previously concurred OFFICE PDIII-2/PM PDIII-2/LA EMCB/SC OGC PDIII-2/SC NAME FLyon PCoates DTerao* RBaum* AMendiola DATE 7/24/03 7/24/03 7/11/03 7/23/03 7/24/03 OFFICIAL RECORD COPY

Quad Cities Nuclear Power Station Units 1 and 2 cc:

Site Vice President - Quad Cities Nuclear Power Document Control Desk-Licensing Station Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road 22710 206th Avenue N. Warrenville, IL 60555 Cordova, IL 61242-9740 Senior Vice President - Nuclear Services Quad Cities Nuclear Power Station Plant Manager Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road 22710 206th Avenue N. Warrenville, IL 60555 Cordova, IL 61242-9740 Vice President Regulatory Assurance Manager - Quad Cities Mid-West Operations Support Exelon Generation Company, LLC Exelon Generation Company, LLC 22710 206th Avenue N. 4300 Winfield Road Cordova, IL 61242-9740 Warrenville, IL 60555 Quad Cities Resident Inspectors Office Senior Vice President U.S. Nuclear Regulatory Commission Mid-West Regional Operating Group 22712 206th Avenue N. Exelon Generation Company, LLC Cordova, IL 61242 4300 Winfield Road Warrenville, IL 60555 David C. Tubbs MidAmerican Energy Company Vice President - Licensing and Regulatory One River Center Place Affairs 106 E. Second, P.O. Box 4350 Exelon Generation Company, LLC Davenport, IA 52808-4350 4300 Winfield Road Warrenville, IL 60555 Vice President - Law and Regulatory Affairs MidAmerican Energy Company Director - Licensing One River Center Place Mid-West Regional Operating Group 106 E. Second Street Exelon Generation Company, LLC P.O. Box 4350 4300 Winfield Road Davenport, IA 52808 Warrenville, IL 60555 Chairman Senior Counsel, Nuclear Rock Island County Board of Supervisors Mid-West Regional Operating Group 1504 3rd Avenue Exelon Generation Company, LLC Rock Island County Office Bldg. 4300 Winfield Road Rock Island, IL 61201 Warrenville, IL 60555 Regional Administrator Manager Licensing - Dresden and Quad Cities U.S. NRC, Region III Exelon Generation Company, LLC 801 Warrenville Road 4300 Winfield Road Lisle, IL 60532-4351 Warrenville, IL 60555 Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, IL 62704