ML082750399

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Request for Withholding Information from Public Disclosure Regarding Limerick Generating Station, Units 1 and 2
ML082750399
Person / Time
Site: Limerick  Constellation icon.png
Issue date: 10/28/2008
From: Peter Bamford
Plant Licensing Branch 1
To: Pardee C
Exelon Nuclear
Bamford, Peter J., NRR/DORL 415-2833
References
TAC MD7048, TAC MD7049
Download: ML082750399 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 rrtob2r 28, 2(J)q Mr. Charles G. Pardee President and Chief Nuclear Officer Exelon Nuclear 200 Exelon Way Kennett Square, PA 19348

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING LIMERICK GENERATING STATION, UNITS 1 AND 2 (TAC NOS.

MD7048 AND MD7049)

Dear Mr. Pardee:

By letter dated October 29, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML072970339), as supplemented by letters dated March 14, 2008, March 26, 2008, and July 18, 2008 (ADAMS Accession Nos. ML080850565, ML080990667, and ML082070201, respectively), Exelon Generation Company, LLC (Exelon, the licensee) requested changes to the Technical Specifications (TSs) for Limerick Generating Station (LGS),

Units 1 and 2. The requested amendments would increase the interval between local power range monitor (LPRM) calibrations from 1000 effective full power hours (EFPH) to 2000 EFPH.

As part of the proposed LPRM amendments, you submitted affidavits on behalf of Global Nuclear Fuel-Americas, L.L.C. (GNF-A) as follows: (1) by letter dated March 14, 2008, affidavit submitted by Andrew Lingenfelter; (2) by letter dated March 26, 2008, affidavit submitted by Andrew Lingenfelter; and (3) by letter dated July 18, 2008, affidavit submitted by Anthony Reese. These affidavits requested that the information listed as follows be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:

Report Number 0000-0082-6609, "Limerick LPRM Calibration Interval Extension Support" (Enclosure 1 to Exelon letter dated March 14, 2008, ADAMS Accession No. ML080850565)

Report Number GNF S-0000-0082-2744, revision 0, "Limerick LPRM Calibration Interval Extension Support" (Attachment 1 to Exelon letter dated March 26, 2008, ADAMS Accession No. ML080990667)

"Responses to RAls [Requests for Additional Information]1 and 2 for Limerick LPRM Calibration Frequency Revision" (Attachment 1 to Exelon letter dated July 18, 2008, ADAMS Accession No. ML082070201)

Nonproprietary copies of these documents have 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.

C. Pardee

- 2 The affidavits 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 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.

Therefore, in each case, 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 301-415-2833.

Sincerely, Peter Bamford, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353 cc: See next page

Limerick Generating Station, Unit Nos. 1 and 2 cc:

Anthony P. Reese Manager, Reload Design and Analysis Global Nuclear Fuel - Americas, LLC Mail Code 050 3901 Castle Hayne Rd..

Wilmington, NC 28402-0780 Andrew A. Lingenfelter Vice President, Fuel Engineering Global Nuclear Fuel - Americas, LLC Mail Code 070 3901 Castle Hayne Rd.

Wilmington, NC 28402-0780 Additional Distribution via ListServ

C. Pardee

- 2 The affidavits 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 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.

Therefore, in each case, 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 301-415-2833.

Sincerely,

/RA!

Peter Bamford, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353 cc: See next page DISTRIBUTION:

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