ML081980108

Request for Withholding Information from Public Disclosure TS 5.5.9, SG Program - Us Iarc

ML081980108
Person / Time
Site:	Byron
Issue date:	08/04/2008
From:	David M NRC/NRR/ADRO/DORL/LPLIII-2
To:	Pardee C Exelon Generation Co
marshall david 415-1547
References
TAC MD9018, TAC MD9019
Download: ML081980108 (4)

Text

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

SUBJECT:

BYRON STATION, UNIT NOS. 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD9018 AND MD9019)

Dear Mr. Pardee:

By letter dated June 17, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML081780134), Exelon Generation Company, LLC (the licensee),

submitted affidavits (CAW-08-2435 and CAW-08-2436) dated June 4, 2008, executed by Mr. J. A. Gresham of Westinghouse Electric Company, LLC (Westinghouse), requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

LTR-CDME-08-11, Revision 3 P-Attachment, "Interim Alternate Repair Criterion (IARC) for Cracks in the Lower Region of the Tubesheet Expansion Zone," dated June 3, 2008 (Proprietary)

LTR-CDME-08-43, Revision 3 P-Attachment, "Response to NRC Request for Additional Information (RAI) Relating to LTR-CDME-08-11, Rev. 3 P-Attachment," dated June 3, 2008 (Proprietary)

A nonproprietary copy of LTR-CDME-08-11, Revision 3 P-Attachment has been placed in the Nuclear Regulatory Commission's (NRC's or Commissions) 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.

C. G. Pardee (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.

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 can 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 50-454 and STN 50-455 cc: See next page

ML081980108 NRR-084 OFFICE LPL3-2/PM LPL3-1/LA CSGB/BC LPL3-2/BC NAME MDavid THarris AHiser RGibbs DATE 7/18/08 7/18/08 7/29/08 8/4/08 Byron Station, Unit Nos. 1 and 2 cc:

Corporate Distribution Attorney General Exelon Generation Company, LLC Springfield, IL 62701 Via e-mail Via e-mail Byron Distribution Ms. Lorraine Creek Exelon Generation Company, LLC RR 1, Box 182 Via e-mail Manteno, IL 60950 Illinois Emergency Management Agency Chairman, Ogle County Board Division of Nuclear Safety Via e-mail Via e-mail Will County Executive Mr. Dwain W. Alexander, Project Manager Via e-mail Westinghouse Electric Corporation Via e-mail Mrs. Phillip B. Johnson 1907 Stratford Lane Howard A. Learner Rockford, IL 61107 Environmental Law and Policy Center of the Midwest Mr. Barry Quigley Via e-mail 3512 Louisiana Rockford, IL 61108 Byron Resident Inspector U. S. Nuclear Regulatory Commission Via e-mail