ML080070536

Byron Station Units 1 and 2, Withholding from Public Disclosure, LTR-CDME-07-212 P-Attachment, Supplemental Information Relating to the Application for TS Improvement Re Steam Generator Tube Integrity, (Proprietary) (Tacs. MD7479, MD7482)

ML080070536
Person / Time
Site:	Byron, Braidwood
Issue date:	01/31/2008
From:	Thorpe-Kavanaugh M NRC/NRR/ADRO/DORL/LPLIII-2
To:	Pardee C Exelon Generation Co
Thorpe-Kavanaugh, Meghan, LPL3-1
References
TAC MD7479, TAC MD7482
Download: ML080070536 (4)

Text

Charles G. Pardee January 31, 2008 Chief Nuclear Officer and Senior Vice President Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BYRON STATION, UNIT NOS. 1 AND 2 AND BRAIDWOOD STATION, UNIT NOS. 1 AND 2 (TAC NOS. MD7479, MD7480, MD7481, AND MD7482)

Dear Mr. Pardee:

By letter dated November 29, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML073450569) Exelon Generation Company, LLC (the licensee),

submitted an affidavit (CAW-07-2352) dated November 1, 2007, executed by Mr. J.A. Gresham of Westinghouse Electric Company, LLC, 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:

LTR-CDME-07-212 P-Attachment, Supplemental Information Relating to the Application for Technical Specification Improvement Regarding Steam Generator Tube Integrity for Byron Units 1 and 2 and Braidwood Units 1 and 2 (Proprietary)

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the ADAMS 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. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

(iii) The information is being transmitted to the Commission in confidence and, under the provision 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.

C. G. Pardee 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.

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 301-415-5735.

Sincerely,

/RA/

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

ML080070536 NRR-084 OFFICE LPL3-2/PM LPL3-2/PM LPL3-2/LA DCI/CSGB/BC LPL3-2/BC NAME CGoodwin:sp MThorpe-Kavanaugh EWhitt AHiser RGibbs DATE 1/23/08 1/23/08 1/23/08 1/30/08 1/31/08 Byron/Braidwood Stations cc:

Corporate Distribution Illinois Emergency Management Agency Exelon Generation Company, LLC Division of Disaster Assistance &

via e-mail Preparedness via e-mail Braidwood Distribution Exelon Generation Company, LLC Braidwood Senior Resident Inspector via e-mail U.S. Nuclear Regulatory Commission via e-mail Byron Distribution Exelon Generation Company, LLC County Executive via e-mail via e-mail Dwain W. Alexander, Project Manager County Executive Secretary Westinghouse Electric Company via e-mail via e-mail Ms. Bridget Little Rorem Howard A. Learner Appleseed Coordinator Environmental Law and Policy via e-mail Center of the Midwest via e-mail Chairman Will County Board of Supervisors Byron Senior Resident Inspector Will County Board Courthouse U.S. Nuclear Regulatory Commission Joliet, IL 60434 via e-mail Mr. Barry Quigley Byron Resident Inspectors 3512 Louisiana U.S. Nuclear Regulatory Commission Rockford, IL 61108 via e-mail Ms. Lorraine Creek Westinghouse Electric Company, LLC RR 1, Box 182 Nuclear Services Manteno, IL 60950 P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 Chairman, Ogle County Board Post Office Box 357 Oregon, IL 61061 Mrs. Phillip B. Johnson 1907 Stratford Lane Rockford, IL 61107 Attorney General 500 S. Second Street Springfield, IL 62701