ML072820157

Request for Withholding Information from Public Disclosure Regarding Backup Stability Protection Methodology

ML072820157
Person / Time
Site:	Dresden, Quad Cities
Issue date:	10/19/2007
From:	Gratton C NRC/NRR/ADRO/DORL/LPLIII-2
To:	Crane C Exelon Generation Co
Gratton C, NRR, DORL, 415-1055
References
TAC MD4866, TAC MD4867, TAC MD4868, TAC MD4869
Download: ML072820157 (4)

Text

October 19, 2007 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - REQUEST FOR SAFETY EVALUATION REVISION REGARDING BACKUP STABILITY PROTECTION METHODOLOGY (TAC NOS. MD4866, MD4867, MD4868, AND MD4869)

Dear Mr. Crane:

By letter dated September 10, 2007, Exelon Generation Company, LLC (the licensee),

submitted an affidavit dated September 4, 2007, executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing Manager, Westinghouse Electric Company, 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:

NF-BEX-07-175 P-Attachment, Response to NRCs request for Additional Information Dresden Nuclear Power Station, Units 2 and 3, and Quad Cities Nuclear Power Station, Units 1 and 2 Regarding Clarification of the Backup Stability Protection Methodology Evaluation (TAC Nos. MD4866 thru MD4869) (Proprietary)

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:

(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) 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 the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

C. Crane 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 301-415-1055.

Sincerely,

/RA/

Christopher Gratton, Sr. Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-237, 50-249, 50-254, and 50-265 cc: See next page

C. Crane 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 301-415-1055.

Sincerely,

/RA/

Christopher Gratton, Sr. Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-237, 50-249, 50-254, and 50-265 cc: See next page DISTRIBUTION:

PUBLIC LPL3-2 R/F RidsNrrDorlLpl3-2 RidsNrrPMCGratton RidsNrrLAEWhitt RidsAcrsAcnwMailCenter RidsOgcMail Center RidsRgn3MailCenter RidsNrrDssSrxb ADAMS ACCESSION NO.: ML072820157 NRR-084 OFFICE LPL3-2/PM LPL3-2/LA DSS/SRXB/BC LPL3-2/BC NAME CGratton EWhitt GCranston RGibbs DATE 10/16/2007 10/16/2007 10/16/2007 10/19/2007 OFFICIAL RECORD COPY

Dresden Nuclear Power Station, Units 2 and 3 cc:

Site Vice President - Dresden via e-mail Plant Manager - Dresden Nuclear Power Station via e-mail Manager Regulatory Assurance - Dresden via e-mail Dresden Senior Resident Inspector U.S. Nuclear Regulatory Commission via e-mail Chairman Grundy County Board via e-mail Illinois Emergency Management Agency Division of Disaster Assistance &

Preparedness via e-mail Document Control Desk - Licensing via e-mail Senior Vice President - Midwest Operations via e-mail Senior Vice President - Operations Support via e-mail Director - Licensing & Regulatory Affairs via e-mail Vice President - Regulatory Affairs via e-mail Associate General Counsel via e-mail Manager Licensing - Dresden, Quad Cities, and Clinton e-mail address

Quad Cities Nuclear Power Station, Units 1 and 2 cc:

Site Vice President - Quad Cities Manager Licensing - Dresden, Quad Cities via e-mail and Clinton via e-mail Plant Manager - Quad Cities Nuclear Power Station via e-mail Senior Vice President - Midwest Operations via e-mail Manager Regulatory Assurance - Quad Cities via e-mail Quad Cities Senior Resident Inspector U.S. Nuclear Regulatory Commission via e-mail David C. Tubbs MidAmerican Energy Company via e-mail 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 via e-mail Illinois Emergency Management Agency Division of Disaster Assistance & Preparedness via e-mail Document Control Desk - Licensing via e-mail Senior Vice President - Operations Support via e-mail Director - Licensing and Regulatory Affairs via e-mail Vice President - Regulatory Affairs via e-mail Associate General Counsel via e-mail