ML060520248

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Request for Withholding Information from Public Disclosure
ML060520248
Person / Time
Site: Quad Cities Constellation icon.png
Issue date: 03/09/2006
From: Banerjee M
Plant Licensing Branch III-2
To: Crane C
Exelon Generation Co
Banerjee M, NRR/ADPT, 415-2277
References
TAC MC9243
Download: ML060520248 (4)


Text

March 9, 2006 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 QUAD CITIES NUCLEAR POWER STATION, UNIT 2 (TAC NO. MC9243)

Dear Mr. Crane:

By letters dated December 15, 2005 and February 13, 2006, to the U.S. Nuclear Regulatory Commission (NRC) Exelon Generation Company, LLC (EGC), submitted affidavits dated December 13, 2005, and February 9, 2006, respectively, executed by B. F. Maurer, Acting Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company, LLC (Westinghouse), requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

NF-BEX-05-188 P-Attachment - Attachment 5 to EGC Letter to the NRC, Quad Cities Nuclear Power Station Unit 2 Request for Technical Specification Change for Safety Limit Minimum Critical Power Ratio Letter, dated December 15, 2005 NF-BEX-06-40 P-Attachment - Attachment 2 to EGC Letter to the NRC, Quad Cities Nuclear Power Station Unit 2 Additional Information Supporting Request for Technical Specification Change for Safety Limit Minimum Critical Power Ratio dated February 13, 2006 Nonproprietary copies of these documents have been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS)

Public Electronic Reading Room.

The affidavits 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.

(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.

C. Crane (b)

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.

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 NF-BEX-05-188 P-Attachment, and NF-BEX-06-40 P-Attachment, 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) 415-2277.

Sincerely,

/RA/

Maitri Banerjee, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-265 cc: See next page

C. Crane (b)

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.

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 NF-BEX-05-188 P-Attachment, and NF-BEX-06-40 P-Attachment, 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) 415-2277.

Sincerely,

/RA/

Maitri Banerjee, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-265 cc: See next page DISTRIBUTION:

PUBLIC PDIII-2 R/F RidsNrrDorlLplf (MLandau)

RidsNrrLADClarke JHoncharik RidsNrrPMMBanerjee GCranston RidsOgcMailCenter RidsAcrsAcnwMailCenter THuang RidsRgn3MailCenter Accession Number: ML060520248 NRR-084 OFFICE NRR/LPLF/PM NRR/LPLF/PM NRR/LPLF/LA NRR/DSS/SBWB NRR/LPLF/(A)BC NAME JHoncharik MBanerjee DClarke GCranston MLandau DATE 3/1/06 3/9/06 3/1/06 3/7/06 3/7/06 OFFICIAL RECORD COPY

Quad Cities Nuclear Power Station Units 1 and 2 cc:

Site Vice President - Quad Cities Nuclear Power Station Exelon Generation Company, LLC 22710 206th Avenue N.

Cordova, IL 61242-9740 Quad Cities Nuclear Power Station Plant Manager Exelon Generation Company, LLC 22710 206th Avenue N.

Cordova, IL 61242-9740 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 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 of Operations 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 Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Assistant General Counsel Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348 Manager Licensing - Dresden, Quad Cities and Clinton Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555