ML033560481
| ML033560481 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  (DPR-044, DPR-056) |
| Issue date: | 02/02/2004 |
| From: | George Wunder NRC/NRR/DLPM/LPD1 |
| To: | Hastings C Caldon |
| Wunder G, NRR/DLPM, 415-1494 | |
| References | |
| TAC MC1603, TAC MC1604 | |
| Download: ML033560481 (6) | |
Text
February 2, 2004 Mr. Calvin R. Hastings, President and CEO Caldon, Inc.
1070 Banksville Avenue Pittsburgh, PA 15216
SUBJECT:
CALDON, INC. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PEACH BOTTOM ATOMIC POWER STATION UNITS 2 AND 3 (TAC NOS. MC1603 AND MC1604)
Dear Mr. Hastings:
By letter dated December 19, 2003, Exelon Nuclear submitted your affidavit dated December 18, 2003. In this affidavit, 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: Caldon, Inc. Engineering Report: ER-404 Revision 2, Topical Report Enhanced Accuracy of LEFM CheckPlus Systems in Back up Modes of Operation.
A nonproprietary copy of this document will be placed in the Nuclear Regulatory Commission's (NRC's) 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:
(a)
The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Caldons competitors without license from Caldon constitutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc), the application of which secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Caldon, its customer or suppliers.
C. Hastings (e)
It reveals aspects of past, present, or future Caldon or customer-funded development plans and programs of potential customer value to Caldon.
(f)
It contains patentable ideas, for which patent protection may be desirable.
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 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 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 301-415-1494.
Sincerely,
/RA/
George F. Wunder, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: See next page
Peach Bottom Atomic Power Station, Units 2 and 3 cc:
Vice President, General Counsel and Secretary Exelon Generation Company, LLC 2301 Market Street, S23-1 Philadelphia, PA 19101 Site Vice President Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Plant Manager Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Regulatory Assurance Manager Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Resident Inspector U.S. Nuclear Regulatory Commission Peach Bottom Atomic Power Station P.O. Box 399 Delta, PA 17314 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Roland Fletcher Department of Environment Radiological Health Program 2400 Broening Highway Baltimore, MD 21224 Correspondence Control Desk Exelon Generation Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348 Rich Janati, Chief Division of Nuclear Safety Bureau of Radiation Protection Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Board of Supervisors Peach Bottom Township 545 Broad Street Ext.
Delta, PA 17314-9203 Mr. Richard McLean Power Plant and Environmental Review Division Department of Natural Resources B-3, Tawes State Office Building Annapolis, MD 21401 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803 Manager-Financial Control & Co-Owner Affairs Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, NJ 08038-0236 Manager Licensing-Limerick and Peach Bottom Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Peach Bottom Atomic Power Station, Units 2 and 3 cc:
Director - Licensing Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Vice President-Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President-Mid-Atlantic Operations 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 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Chief Operating Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. John L. Skolds, President Exelon Nuclear Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348
C. Hastings (e)
It reveals aspects of past, present, or future Caldon or customer-funded development plans and programs of potential customer value to Caldon.
(f)
It contains patentable ideas, for which patent protection may be desirable.
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 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 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 301-415-1494.
Sincerely,
/RA/
George F. Wunder, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: See next page DISTRIBUTION:
MOBrien PUBLIC DRoberts GWunder PDI-2 Reading OGC CBixler, Rgn-I ADAMS Accession Number: ML033560481
- See previous concurrence OFFICE PM/PD1-2 LA/PD1-2 OGC*
SC/PD1-2 NAME GWunder MOBrien BSmith JBoska for DRoberts DATE 01/27/04 01/23/04 01/13/04 01/30/04 OFFICIAL RECORD COPY