ML080920688

Request for Withholding Information from Public Disclosure. (Tacs. MD8158/MD8159)

ML080920688
Person / Time
Site:	Braidwood
Issue date:	04/04/2008
From:	David M NRC/NRR/ADRO/DORL/LPLIII-2
To:	Pardee C Exelon Generation Co
david marshall NRR/DORL 415-1547
References
TAC MD8158, TAC MD8159
Download: ML080920688 (4)

Text

April 4, 2008 Charles G. Pardee Chief Nuclear Officer and Senior Vice President Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BRAIDWOOD STATION, UNITS 1 AND 2 (TAC NOS. MD8158 AND MD8159)

Dear Mr. Pardee:

By letter dated March 27, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML080880055), Exelon Generation Company, LLC (the licensee),

submitted an affidavit (CAW-08-2403) dated March 25, 2008, executed by Mr. J. A. Gresham of Westinghouse Electric Company, LLC (Westinghouse), 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-08-43 P-Attachment, "Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 P-Attachment," dated March 18, 2008 (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 constitute Westinghouse policy and provide 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 301-415-1547.

Sincerely,

/RA/

Marshall J. David, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456 and STN 50-457 cc: See next page

ML080920688 NRR-084 OFFICE LPL3-2/PM LPL3-2/LA DCI/CSGB/BC LPL3-2/BC NAME MDavid:sp EWhitt AHiser RGibbs DATE 4/3/08 4/3/08 4/3/08 4/4/08 Braidwood Station, Units 1 and 2 cc:

Corporate Distribution J. A. Gresham, Manager Exelon Generation Company, LLC Westinghouse Electric Company Via e-mail Regulatory Compliance and Plant Licensing P.O. Box 355 Braidwood Distribution Pittsburgh, PA 15230-0355 Exelon Generation Company, LLC Via e-mail Mr. Dwain W. Alexander, Project Manager Westinghouse Electric Corporation Via e-mail Ms. Bridget Little Rorem Appleseed Coordinator Via e-mail Howard A. Learner Environmental Law and Policy Center of the Midwest Via e-mail Braidwood Resident Inspector U.S. Nuclear Regulatory Commission Via e-mail Ms. Lorraine Creek RR 1, Box 182 Manteno, IL 60950 Illinois Emergency Management Agency Division of Disaster Assistance &

Preparedness Via e-mail Will County Executive Via e-mail Attorney General Springfield, IL 62701 Via e-mail Chairman, Ogle County Board Post Office Box 357 Oregon, IL 61061