ML032950008

Letter, Request for Withholding Information from Public Disclosure. TAC No MB9888 and MB9889

ML032950008
Person / Time
Site:	LaSalle
Issue date:	10/30/2003
From:	Macon W NRC/NRR/DLPM/LPD3
To:	Skolds J Exelon Generation Co, Exelon Nuclear
Macon W, NRR/DLPM,415-3965
References
NEDC-33106P, Rev 1, TAC MB9888, TAC MB9889
Download: ML032950008 (5)

Text

October 30, 2003 Mr. John L. Skolds, President Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

EXELON GENERATION COMPANY, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR LASALLE COUNTY STATION, UNITS 1 AND 2 (TAC NOS. MB9888 AND MB9889)

Dear Mr. Skolds:

By letter dated July 1, 2003, Exelon Generation Company (EGC), LLC, submitted an affidavit dated June 25, 2003, executed by Margaret E. Harding of Global Nuclear Fuel - Americas, LLC (GNF-A). You requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

NEDC-33106P, "GEXL97 Correlation for ATRIUM-10 Fuel," Rev. 1, June 2003.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

In making this application for withholding of proprietary information of which it is the owner or licensee, GNF-A relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4) and 2.790(a)(4) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all "confidential commercial information," and some portions also qualify under the narrower definition of "trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v.

Nuclear Regulators Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2dl280 (DC Cir. 1983).

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 GNF topical report, NEDC-33106P, "GEXL97 Correlation for Atrium-10 Fuel,"

Rev. 1, June 2003, 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 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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Jr., Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos.: 50-373 and 50-374 cc: See next page

LaSalle County Station Units 1 and 2 cc:

Site Vice President - LaSalle County Station Regional Administrator Exelon Generation Company, LLC U.S. NRC, Region III 2601 North 21st Road 801 Warrenville Road Marseilles, IL 61341-9757 Lisle, IL 60532-4351 LaSalle County Station Plant Manager Illinois Emergency Management Exelon Generation Company, LLC Agency 2601 North 21st Road Division of Disaster Assistance &

Marseilles, IL 61341-9757 Preparedness 110 East Adams Street Regulatory Assurance Manager - LaSalle Springfield, IL 62701-1109 Exelon Generation Company, LLC 2601 North 21st Road Document Control Desk - Licensing Marseilles, IL 61341-9757 Exelon Generation Company, LLC 4300 Winfield Road U.S. Nuclear Regulatory Commission Warrenville, IL 60555 LaSalle Resident Inspectors Office 2605 North 21st Road Senior Vice President - Nuclear Services Marseilles, IL 61341-9756 Exelon Generation Company, LLC 4300 Winfield Road Phillip P. Steptoe, Esquire Warrenville, IL 60555 Sidley and Austin One First National Plaza Vice President - Operations Support Chicago, IL 60603 Exelon Generation Company, LLC 4300 Winfield Road Assistant Attorney General Warrenville, IL 60555 100 W. Randolph St. Suite 12 Chicago, IL 60601 Chief Operating Officer Exelon Generation Company, LLC Chairman 4300 Winfield Road LaSalle County Board Warrenville, IL 60555 707 Etna Road Ottawa, IL 61350 Vice President - Licensing and Regulatory Affairs Attorney General Exelon Generation Company, LLC 500 S. Second Street 4300 Winfield Road Springfield, IL 62701 Warrenville, IL 60555 Chairman Illinois Commerce Commission 527 E. Capitol Avenue, Leland Building Springfield, IL 62706 Robert Cushing, Chief, Public Utilities Division Illinois Attorney Generals Office 100 W. Randolph Street Chicago, IL 60601

LaSalle County Station Units 1 and 2 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 - Clinton and LaSalle Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Jr., Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos.: 50-373 and 50-374 cc: See next page DISTRIBUTION:

PUBLIC PD3-2 r/f AMendiola WMacon PCoates OGC GHill (4)

WBeckner ACRS DHills, RIII ADAMS Accession Number: ML032950008 OFFICE PM:LPD3-2 LA:LPD3-2 SC:SRXB OGC SC:LPD3-2 NAME WMacon PCoates FAkstulewicz M.Nordinger DPickett for, AMendiola DATE 10/23/03 10/22/03 10/23/03 10/24/03 10/28/03 OFFICIAL RECORD COPY