ML040700771

Letter, Request for Withholding Information from Public Disclosure

ML040700771
Person / Time
Site:	Quad Cities
Issue date:	04/02/2004
From:	Rossbach L NRC/NRR/DLPM/LPD3
To:	Harding M Global Nuclear Fuel - Americas
Rossbach L, 415-2863, NRR/DLPM
References
TAC MC1329
Download: ML040700771 (5)

Text

April 2, 2004 Ms. Margaret E. Harding, Manager Global Nuclear Fuel - Americas, LLC Castle Hayne Road Wilmington, NC 28401

SUBJECT:

GLOBAL NUCLEAR FUEL - AMERICAS, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR QUAD CITIES NUCLEAR POWER STATION, UNIT 2 (TAC NO. MC1329)

Dear Ms. Harding:

By letter dated January 7, 2004, Exelon Generation Company, LLC, (Exelon) submitted affidavit dated January 6, 2004, executed by you requesting 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 2.390:

Attachment 1 of Exelons January 7, 2004, letter, Additional Information Regarding the Cycle Specific SLMCPR for Quad Cities Unit 2 Cycle 18.

A nonproprietary copy of this document 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:

It is information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Global Nuclear Fuel - Americas, LLC (GNF-A) competitors without license from GNF-A constitutes a competitive economic advantage over other companies.

It is 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.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-As competitive position and foreclose or reduce the availability of profit-making opportunities. The fuel design and licensing methodology is part of GNF-As comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost.

The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

M. Harding The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GNF-A or its licensor.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GNF-As competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.

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

M. Harding 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 301-415-2863.

Sincerely,

/RA/

Lawrence W. Rossbach, 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

M. Harding 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 301-415-2863.

Sincerely,

/RA/

Lawrence W. Rossbach, 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 PDIII/2 r/f WRuland AMendiola PCoates LRossbach OGC MRing, RIII FAkstulewicz ADAMS Accession Number: ML040700771 *see previous concurrence OFFICE PM:PD3-2 LA:PD3-2 SC:SRXB OGC SC:PDIII-2 NAME LRossbach PCoates FAkstulewicz* SCole AMendiola DATE 03/25/04 03/11/04 03/10/04 04/01/04 04/02/04 OFFICIAL RECORD COPY

Quad Cities Nuclear Power Station Units 1 and 2 cc:

Site Vice President - Quad Cities Nuclear Power Illinois Emergency Management Station Agency Exelon Generation Company, LLC Division of Disaster Assistance &

22710 206th Avenue N. Preparedness Cordova, IL 61242-9740 110 East Adams Street Springfield, IL 62701-1109 Quad Cities Nuclear Power Station Plant Manager Exelon Generation Company, LLC Document Control Desk - Licensing 22710 206th Avenue N. Exelon Generation Company, LLC Cordova, IL 61242-9740 4300 Winfield Road Warrenville, IL 60555 Regulatory Assurance Manager - Quad Cities Exelon Generation Company, LLC Senior Vice President - Nuclear Services 22710 206th Avenue N. Exelon Generation Company, LLC Cordova, IL 61242-9740 4300 Winfield Road Warrenville, IL 60555 Quad Cities Resident Inspectors Office U.S. Nuclear Regulatory Commission Vice President of Operations - Mid-West 22712 206th Avenue N. Boiling Water Reactor Cordova, IL 61242 Exelon Generation Company, LLC 4300 Winfield Road David C. Tubbs Warrenville, IL 60555 MidAmerican Energy Company One River Center Place Vice President - Licensing and Regulatory 106 E. Second, P.O. Box 4350 Affairs Davenport, IA 52808-4350 Exelon Generation Company, LLC 4300 Winfield Road Vice President - Law and Regulatory Affairs Warrenville, IL 60555 MidAmerican Energy Company One River Center Place Director - Licensing and Regulatory 106 E. Second Street Affairs P.O. Box 4350 Exelon Generation Company, LLC Davenport, IA 52808 4300 Winfield Road Warrenville, IL 60555 Chairman Rock Island County Board of Supervisors Associate General Counsel 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, Quad Cities U.S. NRC, Region III and Clinton 801 Warrenville Road Exelon Generation Company, LLC Lisle, IL 60532-4351 4300 Winfield Road Warrenville, IL 60555