ML080580549
| ML080580549 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 11/19/2008 |
| From: | John Hughey NRC/NRR/ADRO/DORL/LPLI-2 |
| To: | Cowan P Exelon Generation Co |
| Hughey J, NRR/DORL, 301-415-3204 | |
| References | |
| TAC MD3717, TAC MD3718 | |
| Download: ML080580549 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 19, 2008 Ms. Pamela B. Cowan Director, Licensing and Regulatory Affairs Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 (TAC NOS. MD3717 AND MD3718)
Dear Ms. Cowan:
By Exelon Generation Company, LLC, (Exelon) letter dated February 14, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML080460559), and Global Nuclear Fuel - Americas, L.L.C. (GNF-A) affidavit _lMD-EXN-HEO-08-015, executed by Mr. Andrew A. Lingenfelter, dated February 13, 2008, (Attachment 1 to the Exelon letter dated February 14, 2008), you requested 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:
Global Nuclear Fuel Report GNF S-0000-0080-3313, Rev. 1, "PB LPRM Calibration Interval Extension Support." (Attachment 1 to Exelon letter dated February 14,2008, ADAMS Accession No. ML080460559)
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:
(4)(a) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies.
(4)(b) Information which, if used 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 of a similar product.
P. Cowan
- 2 We have reviewed your application and the material in accordance with 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 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 301-415-3204.
7iJJf)4 John D. Hughey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: See next page
Peach Bottom Atomic Power Station, Unit Nos. 2 and 3 cc:
Mr. Andrew A. Lingenfelter Vice President, Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road, M/C J70 Wilmington, NC 28401 Additional distribution via ListServ
P. Cowan
- 2 We have reviewed your application and the material in accordance with 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 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 301-415-3204.
Sincerely, Ira/
John D. Hughey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: See next page DISTRIBUTION:
PUBLIC LPLI-2 RlF RidsNrrPMJHugheyResource RidsNrrLAABaxterResource RidsOgcRPResource RidsRgn1 MailCenterResource RidsNrrDorlLpl1-2Resource RidsAcrsAcrw&mMailCenterResource ADAMS Accession Number' ML080580549 OFFICE LPL1-2/PM LPL1-2/LA LPL1-2/BC NAME JHughey ABaxter HChernoff DATE 11/13/2008 11/12/2008 11/19/2008 OFFICIAL RECORD COPY