ML040610677
| ML040610677 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 04/06/2004 |
| From: | Scott Wall NRC/NRR/DLPM/LPD1 |
| To: | Andersen J Global Nuclear Fuel |
| Wunder G, NRR/DLPM, 415-1494 | |
| References | |
| TAC MC1615 | |
| Download: ML040610677 (5) | |
Text
April 6, 2004 Mr. Jens G. M. Andersen Project Manager, TRACG Development Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, LIMERICK GENERATING STATION, UNIT 1 (TAC NO. MC1615)
Dear Mr. Andersen:
By application dated December 22, 2003, Exelon Generation Company, LLC (EGC), requested an amendment for the Limerick Generating Station, Unit 1, operating license, proposing a revision to the Technical Specifications to provide new safety limit minimum critical power ratios (SLMCPRs). That request included a Global Nuclear Fuel - Americas, LLC (GNF-A), report titled "Additional Information Regarding the Cycle Specific SLMCPR for Limerick 1 Cycle 11,"
dated October 30, 2003. That request also included your affidavit dated October 31, 2003, requesting that the GNF-A report be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Parts 2 and 9, Sections 2.790(a)(4) and 9.17(a)(4). A nonproprietary version has been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room.
By [[letter::A144306, Response to RAI Concerning Safety Limit Minimum Critical Power Ratio (SLMCPR) Change, License Amendment Request: AR A1443067|letter dated February 13, 2004]], EGC provided supplemental information to their application.
That supplement contained a GNF-A report titled Additional Information Regarding the Request for Additional Information - SLMCPR Limerick 1 Cycle 11 Docket No. 50-352, dated February 12, 2004. That supplement also included your affidavit dated February 12, 2004, requesting that the GNF-A report be withheld from public disclosure pursuant to 10 CFR 2.790(a)(4) and 10 CFR 9.17(a)(4). A nonproprietary version has been placed in the NRCs Public Document Room and added to the ADAMS Public Electronic Reading Room.
The affidavits 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 GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies; and (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;
J. Andersen On February 13, 2004, certain revisions of the NRCs regulations went into effect that renumbered 10 CFR 2.790 as 10 CFR 2.390. We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 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 2.390(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 301-415-2855.
Sincerely,
/RA/
Scott P. Wall, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-352 cc: See next page
J. Andersen On February 13, 2004, certain revisions of the NRCs regulations went into effect that renumbered 10 CFR 2.790 as 10 CFR 2.390. We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 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 2.390(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 301-415-2855.
Sincerely,
/RA/
Scott P. Wall, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-352 cc: See next page DISTRIBUTION:
PUBLIC PDI-2 R/F DRoberts SWall MOBrien CBixler, RGN-I FAkstulewicz OGC ADAMS Accession Number: ML040610677 OFFICE PDI-2/PM PDI-2/LA SRXB/SC OGC PDI-2/SC(A)
NAME SWall MOBrien FAkstulewicz SLaggie DRoberts DATE 03/16/04 03/16/04 03/18/04 03/29/04 04/03/04 OFFICIAL RECORD COPY
Limerick Generating Station, Units 1 & 2 cc:
Chief Operating Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Site Vice President Limerick Generating Station Exelon Generation Company, LLC P.O. Box 2300 Sanatoga, PA 19464 Plant Manager Limerick Generating Station Exelon Generation Company, LLC P.O. Box 2300 Sanatoga, PA 19464 Regulatory Assurance Manager - Limerick Exelon Generation Company, LLC P.O. Box 2300 Sanatoga, PA 19464 Senior Vice President - Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President - Mid-Atlantic Operations Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Vice President - Operations Support 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 Nuclear Group Headquarters Correspondence Control P. O. Box 160 Kennett Square, PA 19348 Manager Licensing Limerick and Peach Bottom Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Vice President General Counsel and Secretary Exelon Generation Company, LLC 2301 Market Street, S23-1 Philadelphia, PA 19101 Correspondence Control Desk Exelon Generation Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Senior Resident Inspector U.S. Nuclear Regulatory Commission Limerick Generating Station P.O. Box 596 Pottstown, PA 19464 Library U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, PA 19406
Limerick Generating Station, Units 1 & 2 cc:
Chief-Division of Nuclear Safety PA Dept. of Environmental Resources P.O. Box 8469 Harrisburg, PA 17105-8469 Chairman Board of Supervisors of Limerick Township 646 West Ridge Pike Linfield, PA 19468 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348