ML053570223

Request for Withholding Information from Public Disclosure for Peach Bottom

ML053570223
Person / Time
Site:	Peach Bottom
Issue date:	01/17/2006
From:	George Wunder Plant Licensing Branch III-2
To:	Peterson C Exelon Generation Co
Banerjee, M, NRR/DLPM/LPD III-2, 415-227
References
TAC MC6361, TAC MC6362
Download: ML053570223 (5)

Text

January 17, 2006 Ms. Carol R. Peterson Vice President - Finance Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

EXELON NUCLEAR GENERATION COMPANY, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PEACH BOTTOM ATOMIC POWER STATION UNITS 2 AND 3 (TAC NOS. MC6361 AND MC6362)

Dear Ms. Peterson:

By letter to the Nuclear Regulatory Commission (NRC) dated October 5, 2005, Exelon Generation Company, LLC submitted an affidavit dated October 4, 2005, 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), Part 2, Section 2.390(a)(4):

Additional Information Regarding License Transfer Application A nonproprietary copy of this document has been placed in the NRC's 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:

Information in Attachment 1 [of the October 5, 2005 letter] provides clarifications to the projected income statement and associated assumptions for Exelon Generation Company, LLC post-merger and contains commercial and financial information that is privileged and confidential.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390(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 version 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

C. Peterson 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 301-415-3019.

Sincerely,

/RA/

George F. Wunder, Project Manager Plant Licensing Branch I-1 Division of Operating reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: See next page

C. Peterson 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 301-415-3019.

Sincerely,

/RA/

George F. Wunder, Project Manager Plant Licensing Branch I-1 Division of Operating reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: See next page Distribution:

PUBLIC RidsRgn1MailCenter RidsNrrLPLA R/F RidsNrrDprPfpb RidsNrrLACRaynor RidsNrrPMGWunder RidsNrrDorlLPLA SCampbell RidsNrrLADClarke RidsOgcRp RidsAcrsAcnwMailCenter Accession Number: ML053570223 (Ltr.)

OFFICE DORL/LPL3-2/PE DORL/LPLl-1 DORL/LPLl-1/LA DPR/PFPB/BC DORL/LPLI-1/BC NAME SCampbell GWunder CRaynor EMcKenna DRoberts (DClarke for)

DATE 1/13/2006 1/17/2006 1/13/2006 1/17/2006 1/17/2006 OFFICIAL RECORD COPY

Peach Bottom Atomic Power Station, Unit Nos. 2 and 3 cc:

Site Vice President Director, Bureau of Radiation Protection Peach Bottom Atomic Power Station Pennsylvania Department of Exelon Generation Company, LLC Environmental Protection 1848 Lay Road Rachel Carson State Office Building Delta, PA 17314 P.O. Box 8469 Harrisburg, PA 17105-8469 Assistant General Counsel Exelon Generation Company, LLC Board of Supervisors 200 Exelon Way Peach Bottom Township Kennett Square, PA 19348 545 Broad Street Ext.

Delta, PA 17314-9203 Plant Manager Peach Bottom Atomic Power Station Mr. Richard McLean Exelon Generation Company, LLC Power Plant and Environmental 1848 Lay Road Review Division Delta, PA 17314 Department of Natural Resources B-3, Tawes State Office Building Regulatory Assurance Manager Annapolis, MD 21401 Peach Bottom Atomic Power Station Exelon Generation Company, LLC Dr. Judith Johnsrud 1848 Lay Road National Energy Committee Delta, PA 17314 Sierra Club 433 Orlando Avenue Resident Inspector State College, PA 16803 U.S. Nuclear Regulatory Commission Peach Bottom Atomic Power Station Manager-Financial Control & Co-Owner P.O. Box 399 Affairs Delta, PA 17314 Public Service Electric and Gas Company P.O. Box 236 Regional Administrator, Region I Hancocks Bridge, NJ 08038-0236 U.S. Nuclear Regulatory Commission 475 Allendale Road Manager Licensing-Peach Bottom King of Prussia, PA 19406 Atomic Power Station Exelon Generation Company, LLC Mr. Roland Fletcher 200 Exelon Way, KSA -3E Department of Environment Kennett Square, PA 19348 Radiological Health Program 2400 Broening Highway Baltimore, MD 21224 Correspondence Control Desk Exelon Generation Company, LLC P. O. Box 160 Kennett Square, PA 19348

Peach Bottom Atomic Power Station, Unit Nos. 2 and 3 cc:

Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President-Operations Mid-Atlantic Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Senior Vice President, Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Director-Licensing and Regulatory Affairs Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348