ML042590005

Request for Withholding Information from Public Disclosure

ML042590005
Person / Time
Site:	Oyster Creek
Issue date:	09/21/2004
From:	Tam P NRC/NRR/DLPM/LPD1
To:	Crane C AmerGen Energy Co
Tam P, NRR/DLPM, 415-1451
References
TAC MC4205
Download: ML042590005 (4)

Text

September 21, 2004 Mr. Christopher M. Crane President and Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

MC4205)

Dear Mr. Crane:

By letter dated August 27, 2004, AmerGen Energy Company, LLC, submitted an affidavit dated July 2, 2004, executed by Margaret E. Harding of Global Nuclear Fuel - Americas, LLC (GNF-A). The affidavit 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), Part 2, Section 2.390: Additional Information Regarding the Cycle Specific Safety Limit Minimum Critical Power Ratio for Oyster Creek Cycle 20.

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:

(i) 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; (ii) 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.

We have reviewed GNF-As application and the material in accordance with the requirements of 10 CFR 9.17(a)(4) and 2.390(a)(4), and on the basis of GNF-As statements, we 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 9.17(a)(4) and 2.390(a)(4), and Section 103(b) of the Atomic Energy Act of 1954, as amended.

M. Crane 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 301-415-1451.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page

C. M. Crane 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 301-415-1451.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page DISTRIBUTION:

PUBLIC S. Little G. Matakas, RGI PDI-1 Reading File R. Laufer P. Tam OGC C. Holden Accession Number: ML042590005 OFFICE PDI-1\PM PDI-1\LA SRXB\SC PDI-1\SC NAME PTam SLittle FAkstulewicz RLaufer DATE 9/15/04 9/15/04 9/16/04 9 /17/04 OFFICIAL RECORD COPY

Oyster Creek Nuclear Generating Station cc:

Chief Operating Officer Mayor of Lacey Township AmerGen Energy Company, LLC 818 West Lacey Road 4300 Winfield Road Forked River, NJ 08731 Warrenville, IL 60555 Senior Resident Inspector Senior Vice President - Nuclear Services U.S. Nuclear Regulatory Commission AmerGen Energy Company, LLC P.O. Box 445 4300 Winfield Road Forked River, NJ 08731 Warrenville, IL 60555 Director - Licensing and Regulatory Affairs Site Vice President - Oyster Creek AmerGen Energy Company, LLC Generating Station 200 Exelon Way, KSA 3-E AmerGen Energy Company, LLC Kennett Square, PA 19348 P.O. Box 388 Forked River, NJ 08731 Manager Licensing - Oyster Creek Exelon Generation Company, LLC Vice President - Mid-Atlantic 200 Exelon Way, KSA 3-E Operations Kennett Square, PA 19348 AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Oyster Creek Generating Station Plant Kennett Square, PA 19348 Manager AmerGen Energy Company, LLC John E. Matthews, Esquire P.O. Box 388 Morgan, Lewis, & Bockius LLP Forked River, NJ 08731 1111 Pennsylvania Avenue, NW Washington, DC 20004 Regulatory Assurance Manager Oyster Creek Kent Tosch, Chief AmerGen Energy Company, LLC New Jersey Department of P.O. Box 388 Environmental Protection Forked River, NJ 08731 Bureau of Nuclear Engineering CN 415 Vice President, General Counsel and Trenton, NJ 08625 Secretary AmerGen Energy Company, LLC Vice President - Licensing and 2301 Market Street, S23-1 Regulatory Affairs Philadelphia, PA 19101 AmerGen Energy Company, LLC 4300 Winfield Road Pete Eselgroth, Region I Warrenville, IL 60555 U.S. Nuclear Regulatory Commission 475 Allendale Road Vice President - Operations Support King of Prussia, PA 19406-1415 AmerGen Energy Company, LLC 4300 Winfield Road Correspondence Control Desk Warrenville, IL 60555 AmerGen Energy Company, LLC P.O. Box 160 H. J. Miller Kennett Square, PA 19348 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415