ML042390449

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Withholding from Public Disclosure, General Electric Reports GE-NE-0000-0003-5526-02R1 & GE-NE-0000-0003-5526-01R1
ML042390449
Person / Time
Site: LaSalle  
(NPF-011, NPF-018)
Issue date: 09/03/2004
From: Pickett D
NRC/NRR/DLPM/LPD3
To: Crane C
Exelon Generation Co
Pickett , NRR/DLPM, 415-1364
References
TAC MB7795, TAC MB7796
Download: ML042390449 (5)


Text

September 3, 2004 Mr. Christopher M. Crane, President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

LASALLE COUNTY STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB7795 AND MB7796)

Dear Mr. Crane:

By letter from Exelon Generation Company, LLC, dated July 7, 2004 (RS-04-099), and General Electric (GE)s affidavits, executed by Ronald Engle, dated May 14, 2004, the following proprietary documents were submitted:

General Electric Report GE-NE-0000-0003-5526-02R1, Pressure-Temperature Curves for Exelon LaSalle Unit 1, dated May 2004 General Electric Report GE-NE-0000-0003-5526-01R1, Pressure-Temperature Curves for Exelon LaSalle Unit 2, dated May 2004 A nonproprietary version of these documents have been placed in the Nuclear Regulatory Commission (NRC) public document room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room located on the NRC internet website at www.NRC.gov.

GE requested that the proprietary information be withheld from public disclosure pursuant to Section 2.790 of Title 10 of the Code of Federal Regulations (10 CFR). GE stated that the information should be considered exempt from mandatory public disclosure for the following reasons:

(4)a Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEs competitors without license from GE constitutes a competitive economic advantage over other companies; (4)b 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; (8)

The information identified in the GE proprietary reports identified above are classified as proprietary because they contain detailed methods and processes, which GE has developed and applied to pressure-temperature curves for the boiling water reactor (BWR) over a number of years.

C. Crane The development of the BWR pressure-temperature curves was achieved at a significant cost, on the order of 3/4 million dollars, to GE. The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GEs statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the versions of the submitted information marked as proprietary in your submittal of July 7, 2004, 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.

Sincerely,

/RA/

Douglas V. Pickett, Senior 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

C. Crane The development of the BWR pressure-temperature curves was achieved at a significant cost, on the order of 3/4 million dollars, to GE. The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GEs statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the versions of the submitted information marked as proprietary in your submittal of July 7, 2004, 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.

Sincerely,

/RA/

Douglas V. Pickett, Senior 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 PDIII-2 r/f WRuland AMendiola PCoates DPickett OGC SReynolds, RIII MMitchell ADAMS Accession Number: ML042390449 OFFICE PM:PDIII-2 LA:PDIII-2 SC:EMCB SC:PDIII-2 NAME DPickett PCoates BElliot for SCoffin AMendiola DATE 09/01/04 08/30/04 09/01/04 09/03/04 OFFICIAL RECORD COPY

LaSalle County Station Units 1 and 2 cc:

Site Vice President - LaSalle County Station Exelon Generation Company, LLC 2601 North 21st Road Marseilles, IL 61341-9757 LaSalle County Station Plant Manager Exelon Generation Company, LLC 2601 North 21st Road Marseilles, IL 61341-9757 Regulatory Assurance Manager - LaSalle Exelon Generation Company, LLC 2601 North 21st Road Marseilles, IL 61341-9757 U.S. Nuclear Regulatory Commission LaSalle Resident Inspectors Office 2605 North 21st Road Marseilles, IL 61341-9756 Phillip P. Steptoe, Esquire Sidley and Austin One First National Plaza Chicago, IL 60603 Assistant Attorney General 100 W. Randolph St. Suite 12 Chicago, IL 60601 Chairman LaSalle County Board 707 Etna Road Ottawa, IL 61350 Attorney General 500 S. Second Street Springfield, IL 62701 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 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 of Operations - Mid-West Boiling Water Reactors 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

LaSalle County Station Units 1 and 2 cc:

Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Dresden, Quad Cities and Clinton Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555