ML082110503
| ML082110503 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 10/10/2008 |
| From: | John Hughey NRC/NRR/ADRO/DORL/LPLI-2 |
| To: | Cowan P Exelon Generation Co |
| Hughey J, NRR/DORL, 301-415-3204 | |
| References | |
| TAC MD9154, TAC MD9155 | |
| Download: ML082110503 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 October 10, 2008 Ms. Pamela B. Cowan Director, Licensing and Regulatory Affairs Exelon Generation Company LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348
SUBJECT:
PEACH BOTTOM ATOMIC POWER STATION, UNIT NOS. 2 AND 3: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD9154 AND MD9155)
Dear Ms. Cowan:
By letter to the Nuclear Regulatory Commission (NRC) dated June 25,2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML081820348), Exelon Generation Company, LLC, (Exelon) submitted an affidavit dated June 23,2008, executed by Mr. Kenneth O. Lindquist, President, Northeast Technology Corporation, 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(a)4:
"Criticality Analysis of the Peach Bottom Spent Fuel Racks for GNF-2 Fuel with Boraflex Panel Degradation Projected to May 2012," designated as NET-264-02, Rev. 1 Section 2.390(b) of 10 CFR Part 2 of the Commission's regulations requires that the procedures of that section be followed by anyone submitting a document to the NRC who seeks to have the document, or a portion of it, withheld from public disclosure because it contains trade secrets, privileged, or confidential commercial or financial information. As required by 10 CFR 2.390(b)(1)(i)(B), each document, or page, as appropriate, containing information sought to be withheld from public disclosure must indicate, adjacent to the information, or at the top if the entire page is affected, the basis for proposing that the information be withheld from public disclosure under paragraph (a) of 10 CFR 2.390. In addition, 10 CFR 2.390(b)(1)(iii) requires that each supporting affidavit contain a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure. The section further requires the statement to "address with specificity" the considerations listed in 10 CFR 2.390(b)(4).
The affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and the following deficiencies have been identified:
P. Cowan
- 2
- The version of the document submitted with the proprietary designation does not contain portion markings within the document indicating what information is sought to be withheld from public disclosure as required by 10 CFR 2.390(b)( 1)(i)(B). Each page of the document designated as proprietary is marked as though the information on the entire page is being requested to be withheld from public disclosure. However, the non proprietary version of the document indicates that only selected portions of the document are requested to be withheld from public disclosure.
- The affidavit does not specify which, or if any, of the categories of proprietary information described in item 4 apply to the information that is being submitted for withholding under the provisions of 10 CFR 2.390.
Item number 7 of the affidavit states only that disclosure of the information sought to be withheld may cause harm to NETCO's competitive position. Per 10 CFR 2.390(b)(4)(v) the NRC must consider whether public disclosure of the information sought to be withheld is likely to cause substantial harm to NETCO's competitive position. The statements in item number 7 of the affidavit do not specifically address the consideration required by 10 CFR 2.390(b)(4)(v).
Accordingly, consideration should be given to supplementing the present record with additional factual information. If such action is taken it is suggested that you furnish specific factual information for your application regarding the following:
- Provide portion markings within the version of the document submitted with the designation as proprietary that indicate what information is sought to be withheld from public disclosure as required by 10 CFR 2.390(b)( 1)(i)(B).
- The affidavit must specify the basis for considering as proprietary the information for which public disclosure is sought as required by 10 CFR 2.390(b )(1 )(iii) and 10 CFR 2.390(b)(4)(ii).
- The affidavit must specifically assert whether or not public disclosure of the information sought to be withheld is likely to cause substantial harm to I\\JETCO's competitive position as required by 10 CFR 2.390(b)(1)(iii) and 10 CFR 2.390(b)(4)(v).
In summary, we have determined that the affidavit and the associated document for which withholding from public disclosure is sought are not in conformity with 10 CFR 2.390(b) of the Commission's regulations inasmuch as the affidavit fails to address the considerations of 10 CFR 2.390(b)(4) with sufficient specificity to enable us to make the required determination under 10 CFR 2.390(b) and the associated document is not marked in accordance with 10 CFR 2.390(b)( 1)(i)(B). Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.
In accordance with 10 CFR 2.390(c), the information sought to be withheld will be placed in the Commission's Public Document Room 30 days after the date of this letter unless you either seek to withdraw the information requested to be withheld or provide the U.S. Nuclear Regulatory Commission with an amended affidavit meeting the requirements of
P. Cowan
- 3 10 CFR 2.390(b). Mr. David Helker from your staff agreed with this response time on October 9, 2008. If you request that the information be withdrawn, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.
If you have any questions regarding this matter, I may be reached at 301-415-3204.
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: Distribution via Listserv
P. Cowan
- 3 10 CFR 2.390(b). Mr. David Helker from your staff agreed with this response time on October 9, 2008. If you request that the information be withdrawn, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.
If you have any questions regarding this matter, I may be reached at 301-415-3204.
Sincerely,
/raj 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: Distribution via Listserv DISTRIBUTION:
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LPL1-2/BC NAME JHughey ABaxter ELSlaggie HChernoff DATE 10/9/2008 08/07/2008 09/25/2008 10/10/2008 OFFICIAL RECORD COPY