ML032901043
| ML032901043 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 12/29/2003 |
| From: | Banerjee M NRC/NRR/DLPM/LPD3 |
| To: | Robare D General Electric Co |
| Banerjee M, NRR/ADPT, 415-2277 | |
| References | |
| TAC MB7850, TAC MB7851 | |
| Download: ML032901043 (4) | |
Text
December 29, 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 a February 27, 2003 letter addressed to the U.S. Nuclear Regulator Commission (NRC),
P. R. Simpson, Manager, Licensing, Exelon Generation Company, requested a change to facility operating licenses DPR-19 and DPR-25 and the Technical Specifications for Dresden Nuclear Power Station, Units 2 and 3, regarding reactor coolant system pressure and temperature limits. By subsequent communications from the NRC staff, the NRC requested additional information concerning the proposed change. In response, Exelon provided additional information to the NRC by letters, including one dated July 31, and another one dated September 11, 2003.
In the above mentioned letters dated July 31, and September 11, 2003, that provided additional information to the NRC, Exelon enclosed a document containing a complete version of the information, as well as a version from which some of the material contained in the complete version had been expunged. The complete version had the words "GE Proprietary Information" marked at the top of each page of the document. Each letter also enclosed an affidavit executed by you as Technical Projects Manager, Technical Service, General Electric Company (GE), requesting that NRC withhold the complete version of the information from public disclosure in accordance with 10 CFR 2.790 and 9.17, and stating the basis for the request.
The affidavits executed by you are identical in substance. Among other things, they state the information sought to be withheld from public disclosure is of a sort that GE customarily holds in confidence, that public disclosure of the information is likely to foreclose or reduce the availability to GE of profit-making opportunities, and will cause substantial harm to GEs competitive position.
We have reviewed your affidavit and the material supplied by Exelon, and have determined that the complete version of the GE information referred to above will be withheld from public disclosure pursuant to 10 CFR 2.790. Copies of the version of the information, from which the material you stated to be proprietary has been expunged, have been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the complete GE documents. If the need arises, we may send
D. Robare 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 the withheld information.
In addition, circumstances may arise in the future in which the NRC may reevaluate the determination to withhold from the public material expunged from the publicly available document. For example, if we received a Freedom of Information request to which such material is responsive, we will review the document again in that context. You will be notified in advance of any public disclosure, if in the course of such a reevaluation the NRC makes a determination adverse to your request.
If the basis for your request for withholding from the public material expunged from the publicly available document should change in the future, you should promptly notify the NRC.
If you have any questions regarding this matter, I may be reached at 301-415-2277.
Sincerely,
/RA/
Maitri Banerjee, Project Manager Project Directorate III, Section 2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos.: 50-237 and 50-249 cc: See next page
D. Robare 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 the withheld information.
In addition, circumstances may arise in the future in which the NRC may reevaluate the determination to withhold from the public material expunged from the publicly available document. For example, if we received a Freedom of Information request to which such material is responsive, we will review the document again in that context. You will be notified in advance of any public disclosure, if in the course of such a reevaluation the NRC makes a determination adverse to your request.
If the basis for your request for withholding from the public material expunged from the publicly available document should change in the future, you should promptly notify the NRC.
If you have any questions regarding this matter, I may be reached at 301-415-2277.
Sincerely,
/RA/
Maitri Banerjee, Project Manager Project Directorate III, Section 2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos.: 50-237 and 50-249 cc: See next page DISTRIBUTION:
PUBLIC MBanerjee LLois PDIII-2 R/F MRing WRuland BElliot AMendiola SCoffin DPickett JUhle PCoates OGC ADAMS ACCESSION No.: ML032901043 *See previous concurrences OFFICE PM:PDIII-2 LA:PDIII-2 DE/EMCB DE/EMCB DSSA/SRXB DSSA/SRXB OGC SC:PDIII-2 NAME MBanerjee PCoates BElliot*
SCoffin*
LLois*
JUhle*
SFarrington AMendiola DATE 12/18/03 12/22/03 10/23/03 10/23/03 11/28/03 11/28/03 12/22/03 12/22/03 OFFICIAL RECORD COPY
Dresden Nuclear Power Units 2 and 3 cc:
Site Vice President - Dresden Nuclear Power Station Exelon Generation Company, LLC 6500 N. Dresden Road Morris, IL 60450-9765 Dresden Nuclear Power Station Plant Manager Exelon Generation Company, LLC 6500 N. Dresden Road Morris, IL 60450-9765 Regulatory Assurance Manager - Dresden Exelon Generation Company, LLC 6500 N. Dresden Road Morris, IL 60450-9765 U.S. Nuclear Regulatory Commission Dresden Resident Inspectors Office 6500 N. Dresden Road Morris, IL 60450-9766 Chairman Grundy County Board Administration Building 1320 Union Street Morris, IL 60450 Regional Administrator U.S. NRC, Region III 801 Warrenville Road Lisle, IL 60532-4351 Illinois Emergency Management Agency Division of Disaster Assistance &
Preparedness 110 East Adams Street Springfield, IL 62701-1109 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 Vice President - Operations Support Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Chief Operating Officer 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 Director - Licensing Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Counsel, Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Dresden and Quad Cities Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555