ML061010112

Westinghouse, Withholding from Public Disclosure, Request for Exemption from Provisions of 10 CFR 50.44, 10 CFR 50.46, & 10 CFR 50 Appendix K for Select Rods in Lead Test Assemblies (Ltas) with Axiomtm Clad Material & Supporting Justificati

ML061010112
Person / Time
Site:	Byron
Issue date:	05/25/2006
From:	Robert Kuntz Plant Licensing Branch III-2
To:	Gresham J Westinghouse
Mahesh Chawla, LPL3-1, 415-8371
References
TAC MC8517, TAC MC8518
Download: ML061010112 (5)

Text

May 25, 2006 J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BYRON STATION, UNITS 1 AND 2 (TAC NOS. MC8517 AND MC8518)

Dear Mr. Gresham:

By letter dated September 23, 2005, Exelon Generation Company, LLC, submitted an affidavit dated July 12, 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:

Request for Exemption from the Provisions of 10 CFR 50.44, 10 CFR 50.46, and 10 CFR 50 Appendix K for Select Rods in Lead Test Assemblies (LTAs) with AXIOMTM Clad Material and Supporting Justification (Proprietary), July 2005.

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 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.

(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.

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 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 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 301-415-3733.

Sincerely,

/RA/

Robert F. Kuntz, Project Manager Plant Licensing Branch 3-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-454 and STN 50-455 cc: See next page

(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.

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 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 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 301-415-8371.

Sincerely,

/RA/

Robert F. Kuntz, Project Manager Plant Licensing Branch 3-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-454 and STN 50-455 cc: See next page DISTRIBUTION:

PUBLIC LPL3-2 R/F RidsNrrPMRKuntz RidsNrrLADClarke RidsNrrDorlLpl3-2 RidsOgcMailCenter RidsNrrDssSpwb RidsAcrsAcnwMailCenter RidsRgn3MailCenter FOrr ADAMS Accession Number:ML061010112 OFFICE LPL3-1/PM LPL3-2/LA DSS/SPWB LPL3-2/BC NAME RKuntz DClarke JNakoski DCollins DATE 5/18/06 5/18/06 5/23/06 5/25/06 OFFICIAL RECORD COPY

Byron Station Units 1 and 2 cc:

Regional Administrator, Region III Chairman, Ogle County Board U.S. Nuclear Regulatory Commission Post Office Box 357 Suite 210 Oregon, IL 61061 2443 Warrenville Road Lisle, IL 60532-4351 Mrs. Phillip B. Johnson 1907 Stratford Lane Illinois Emergency Management Rockford, IL 61107 Agency Division of Disaster Assistance & Attorney General Preparedness 500 S. Second Street 110 East Adams Street Springfield, IL 62706 Springfield, IL 62701-1109 Byron Station Plant Manager Document Control Desk - Licensing Exelon Generation Company, LLC Exelon Generation Company, LLC 4450 N. German Church Road 4300 Winfield Road Byron, IL 61010-9794 Warrenville, IL 60555 Site Vice President - Byron Mr. Dwain W. Alexander, Project Manager Exelon Generation Company, LLC Westinghouse Electric Company 4450 N. German Church Road Post Office Box 355 Byron, IL 61010-9794 Pittsburgh, PA 15230 Senior Vice President of Operations Joseph Gallo Exelon Generation Company, LLC Gallo & Ross 4300 Winfield Road 1025 Connecticut Ave., NW, Suite 1014 Warrenville, IL 60555 Washington, DC 20036 Chairman Howard A. Learner Will County Board of Supervisors Environmental Law and Policy 302 North Chicago Street Center of the Midwest Will County Board Courthouse 35 East Wacker Drive Joliet, Illinois 60434 Suite 1300 Chicago, IL 60601-2110 U.S. Nuclear Regulatory Commission Byron Resident Inspectors Office 4448 North German Church Road Byron, IL 61010-9750 Ms. Lorraine Creek RR 1, Box 182 Manteno, IL 60950

Byron Station Units 1 and 2 cc:

Director - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regulatory Assurance Manager - Byron Exelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794 Assistant General Counsel Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348 Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Braidwood and Byron Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Christopher M. Crane, President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555