ML062000670

Westinghouse Request for Withholding Information from Public Disclosure by Letter Dated October 3, 2005,

ML062000670
Person / Time
Site:	Byron, Braidwood
Issue date:	09/20/2006
From:	Robert Kuntz Plant Licensing Branch III-2
To:	Gresham J Westinghouse
Kuntz, Robert , NRR/DLPM, 415-3733
References
LTR-CAW-05-2033, TAC MC8693, TAC MC8694, TAC MC8695, TAC MC8696, WCAP-16143-P
Download: ML062000670 (5)

Text

September 20, 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, UNIT NOS. 1 AND 2, AND BRAIDWOOD STATION, UNIT NOS. 1 AND 2 (TAC MC8693, MC8694, MC8695 AND MC8696)

Dear Mr. Gresham:

By letter to the Nuclear Regulatory Commission (NRC) dated October 3, 2005, Exelon Generation Company, LLC, submitted an affidavit dated July 29, 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:

Westinghouse Electric Company LLC, LTR-CAW-05-2033, WCAP-16143-P,

?Reactor Vessel Closure Head/Vessel Flange Requirements Evaluation for Byron/Braidwood Units 1 and 2, dated July 27, 2005 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:

(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.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.

(iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.

J. Gresham 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 Licensing Plant Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-454, STN 50-455, STN 50-456 and STN 50-457 cc: See next page

J. Gresham 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 Licensing Plant Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-454, STN 50-455, STN 50-456 and STN 50-457 cc: See next page DISTRIBUTION:

PUBLIC RidsAcrsAcnwMailCenter LPL3-2 R/F RidsNrrDciCvib RidsNrrPMRKuntz RidsRgn3MailCenter RidsNrrLADClarke RidsNrrDorlLpl3-2 ADAMS Accession Number:ML062000670 OFFICE PM:LPL3-2 LA:LPL3-2 CVIB:BC BC:LPD3-2 NAME RKuntz:mw DClarke MMitchell DCollins DATE 9/14/2006 9/13/2006 9/18/2006 9/20/2006 OFFICIAL RECORD COPY

Byron/Braidwood Stations cc:

Dwain W. Alexander, Project Manager Plant Manager - Byron Station Westinghouse Electric Corporation Exelon Generation Company, LLC Energy Systems Business Unit 4450 N. German Church Road Post Office Box 355 Byron, IL 61010-9794 Pittsburgh, PA 15230-0355 Site Vice President - Byron Howard A. Learner Exelon Generation Company, LLC Environmental Law and Policy 4450 N. German Church Road Center of the Midwest Byron, IL 61010-9794 35 East Wacker Dr., Suite 1300 Chicago, IL 60601-2110 U.S. Nuclear Regulatory Commission Braidwood Resident Inspectors Office U.S. Nuclear Regulatory Commission 35100 S. Rt. 53, Suite 79 Byron Resident Inspectors Office Braceville, IL 60407 4448 N. German Church Road Byron, IL 61010-9750 County Executive Will County Office Building Regional Administrator, Region III 302 N. Chicago Street U.S. Nuclear Regulatory Commission Joliet, IL 60432 Suite 210 2443 Warrenville Road Plant Manager - Braidwood Station Lisle, IL 60532-4351 Exelon Generation Company, LLC 35100 S. Rt. 53, Suite 84 Ms. Lorraine Creek Braceville, IL 60407-9619 RR 1, Box 182 Manteno, IL 60950 Ms. Bridget Little Rorem Appleseed Coordinator Chairman, Ogle County Board 117 N. Linden Street Post Office Box 357 Essex, IL 60935 Oregon, IL 61061 Document Control Desk - Licensing Mrs. Phillip B. Johnson Exelon Generation Company, LLC 1907 Stratford Lane 4300 Winfield Road Rockford, IL 61107 Warrenville, IL 60555 Attorney General Site Vice President - Braidwood 500 S. Second Street Exelon Generation Company, LLC Springfield, IL 62701 35100 S. Rt. 53, Suite 84 Braceville, IL 60407-9619 Illinois Emergency Management Agency Senior Vice President - Operations Support Division of Disaster Assistance & Exelon Generation Company, LLC Preparedness 4300 Winfield Road 110 East Adams Street Warrenville, IL 60555 Springfield, IL 62701-1109

Byron/Braidwood Stations Director - Licensing and Regulatory Senior Vice President - Midwest Operations Affairs Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road 4300 Winfield Road Warrenville, IL 60555 Warrenville, IL 60555 Manager Regulatory Assurance - Braidwood Exelon Generation Company, LLC 35100 S. Rt. 53, Suite 84 Braceville, IL 60407-9619 Manager Regulatory Assurance - 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 - Regulatory & Legal Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Manager Licensing - Braidwood/Byron Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555