ML051750364

7/5/05, Dresden and Quad Cities - Request for Withholding Information from Public Disclosure for Dresden Nuclear Power Station, Units 2 and 3, and Quad Cities Nuclear Power Station, Units 1 and 2

ML051750364
Person / Time
Site:	Dresden, Quad Cities
Issue date:	07/05/2005
From:	Macon W NRC/NRR/DLPM/LPD3
To:	Crane C Exelon Generation Co
Macon W, NRR/DLPM,415-3965
References
TAC MC7323, TAC MC7324, TAC MC7325, TAC MC7326
Download: ML051750364 (6)

Text

July 5, 2005 Mr. Christopher M. Crane, President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

EXELON GENERATION COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DRESDEN NUCLEAR POWER STATION, UNITS 2 AND 3, AND QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 (TAC NOS. MC7323, MC7324, MC7325 AND MC7326)

Dear Mr. Crane:

By letter dated June 15, 2005, Exelon Generation Company, LLC (EGC), submitted an affidavit dated June 15, 2005, executed by J. S. Galembush, Supervisory Engineer, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company, LLC (Westinghouse),

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), Part 2, Section 2.390:

Westinghouse Input to Request for Licensing Amendment Regarding Transition to Westinghouse Fuel A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

C. Crane (a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse 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 data 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, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

C. Crane (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and 10 CFR 9.17(a)(4) 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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Jr., Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-237, 50-249, 50-254, and 50-265 cc: See next page

C. Crane (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and 10 CFR 9.17(a)(4) 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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Jr., Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-237, 50-249, 50-254, and 50-265 cc: See next page DISTRIBUTION:

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Dresden and Quad Cities Nuclear Power Stations cc:

Site Vice President - Dresden Nuclear Power Station Vice President of Operations - Mid-West Exelon Generation Company, LLC Boiling Water Reactors 6500 N. Dresden Road Exelon Generation Company, LLC Morris, IL 60450-9765 4300 Winfield Road Warrenville, IL 60555 Dresden Nuclear Power Station Plant Manager Exelon Generation Company, LLC Vice President - Licensing and Regulatory 6500 N. Dresden Road Affairs Morris, IL 60450-9765 Exelon Generation Company, LLC 4300 Winfield Road Regulatory Assurance Manager - Dresden Warrenville, IL 60555 Exelon Generation Company, LLC 6500 N. Dresden Road Director - Licensing and Regulatory Morris, IL 60450-9765 Affairs Exelon Generation Company, LLC U.S. Nuclear Regulatory Commission 4300 Winfield Road Dresden Resident Inspectors Office Warrenville, IL 60555 6500 N. Dresden Road Morris, IL 60450-9766 Associate General Counsel Exelon Generation Company, LLC Chairman 4300 Winfield Road Grundy County Board Warrenville, IL 60555 Administration Building 1320 Union Street Manager Licensing - Dresden, Morris, IL 60450 Quad Cities and Clinton Exelon Generation Company, LLC Regional Administrator 4300 Winfield Road U.S. NRC, Region III Warrenville, IL 60555 801 Warrenville Road Lisle, IL 60532-4351 Site Vice President - Quad Cities Nuclear Power Station Illinois Emergency Management Exelon Generation Company, LLC Agency 22710 206th Avenue N.

Division of Disaster Assistance & Cordova, IL 61242-9740 Preparedness 110 East Adams Street Quad Cities Nuclear Power Station Springfield, IL 62701-1109 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 Senior Vice President - Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

Dresden and Quad Cities Nuclear Power Stations cc:

Regulatory Assurance Manager - Quad Cities Exelon Generation Company, LLC 22710 206th Avenue N.

Cordova, IL 61242-9740 Quad Cities Resident Inspectors Office U.S. Nuclear Regulatory Commission 22712 206th Avenue N.

Cordova, IL 61242 David C. Tubbs MidAmerican Energy Company One River Center Place 106 E. Second, P.O. Box 4350 Davenport, IA 52808-4350 Vice President - Law and Regulatory Affairs MidAmerican Energy Company One River Center Place 106 E. Second Street P.O. Box 4350 Davenport, IA 52808 Chairman Rock Island County Board of Supervisors 1504 3rd Avenue Rock Island County Office Bldg.

Rock Island, IL 61201