ML082110516
| ML082110516 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 10/10/2008 |
| From: | John Hughey Plant Licensing Branch 1 |
| To: | Cowan P Exelon Generation Co |
| Hughey J, NRR/DORL, 301-415-3204 | |
| References | |
| TAC MD9154, TAC MD9155 | |
| Download: ML082110516 (3) | |
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 SUB~IECT:
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 11, 2008, executed by Mr. Andrew A. Lingenfelter, Vice President, Fuel Engineering, Global Nuclear Fuel-Americas, LLC (GNF-A), 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:
"GNF2 Spent fuel Storage Rack Criticality Analysis for Peach Bottom Atomic Power Station Units 2 & 3," 0000-0035-7327-SFP, Revision 2, June 2008.
A nonproprietary copy of this document has been placed in the 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:
(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.
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.
P.Cowan
- 2 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,
~,~.~
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
- 2 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: Distribution via ListServ DISTRIBUTION:
PUBLIC RidsNrrPMJHughey Resource RidsOgcRp Resource RidsNrrLAABaxter Resource RidsNrrDorILp/1-2 Resource LPLI-2 R/F RidsRgn1MailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsNrrDssSrxb Resource ADAMS Accession Number' ML082110516 OFFICE LPL1*2/PM LPL1-2/LA SRXB/BC LPL1-2/BC NAME JHllghey ABaxter GCranston HChernoff DATE 10/08/2008 08/07/2008 08/08/2008 10/10/2008 OFFICIAL RECORD COpy