ML090990126
| ML090990126 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 05/13/2009 |
| 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: ML090990126 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 13, 2009 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, UNITS 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 November 6, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML083190840), Exelon Generation Company, LLC, (Exelon) submitted an affidavit dated November 4, 2008, executed by Mr. Kenneth O. Lindquist, President, Northeast Technology Corporation (NETCO),
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 This document was submitted to the NRC under Exelon letter dated June 25,2008 (ADAMS Accession No. ML081820348), including an original affidavit dated June 23,2008. However, the NRC staff determined that the original affidavit did not meet the requirements of 10 CFR 2.390(b)(1)(iii) as documented in NRC letter dated October, 10,2008 (ADAMS Accession No. ML082110503). Exelon submitted a revised affidavit dated November 4, 2008, as described above. The revised affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(4)(a) The information sought to be withheld in the NETCO technical report (see paragraph 2 above [in NETCO affidavit]) is and has been held in confidence by NETCO.
(4)(b) This information is of a type that is customarily held in confidence by NETCO, and there is a rational basis for doing so because the information contains methodology, data and supportinq information developed by NETCO that could be used by a competitor as a competitive advantage.
(4)(c) This information is being transmitted to the NRC in confidence.
P. Cowan
- 2 (4)(d) This information sought to be withheld, to the best of my knowledge and belief, is not available in public sources and no public disclosure has been made.
(4)(e) The information sought to be withheld contains NETCO developed methodology, data and supporting information that could be used by a competitor as a competitive advantage, and would result in substantial harm to the competitive position of NETCO. This information would reduce the expenditure of resources and improve his competitive position in the implementation of a similar product. Third party agreements have been established to ensure maintenance of the information in confidence.
The development of the methodology, data and supporting information was achieved at a significant cost to NETCO. Public disclosure of this information sought to be withheld is likely to cause substantial harm to NETCO's competitive position and reduce the availability of profit-making opportunities.
The NRC staff reviewed the application and the material in accordance with requirements of 10 CFR 2.390 and, on the basis of the statements in the submittal, determined that the information sought to be withheld contained proprietary commercial information and should be withheld from public disclosure. The version of the submitted information marked proprietary was 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. This agency decision was documented and transmitted to you in NRC letter dated December 29,2008 (ADAMS Accession No. ML083370279). The letter also stated that the NRC may have cause to review this determination in the future and if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Subsequent to the issuance of the NRC letter dated December 29,2008, the NRC staff became aware that a portion of the information requested to be withheld under the affidavit dated November 4, 2008, was previously submitted to the NRC as publicly available information.
Specifically, the information in Appendix A of the NETCO report' contained in the Exelon letter dated June 25,2008 (ADAMS Accession No. ML081820348), was submitted as proprietary information. However, this information was previously submitted as publically available in the Appendix to Attachment 22 of the letter dated April 3, 2008, from Constellation Energy to the NRC (ADAMS Accession No. ML081050374). The previous submission of this information to the NRC as publically available is contrary to item 4(d) in the November 4,2008, NETCO affidavit as described above.
The NRC staff has determined that the information in Appendix A of the NETCO report designated NET-264-02, Rev. 1, does not meet the criteria of 10 CFR 2.390(b)(4)(iv) in that this information has been previously submitted to the NRC as publically available and is presently publically available under ADAMS Accession No. ML081050374 as described above.
Therefore, in accordance with 10 CFR 2.390(c), this information will be placed in the Commission's Public Document Room 30 days after the date of this letter unless you provide further factual information that addresses the following items:
1 NETCO report designated as NET-264-02, Rev. 1.
2 NETCO report designated as NETCO report NET-290-01, Rev. 1.
P. Cowan
- 3 Provide information explaining and documenting the reasons that the information was initially submitted as publically available.
Determine and certify via affidavit that no other public release by the owner of the information has occurred. Pr-ovide a justification for how this determination was made.
Provide the reasons that this information should be withheld from public disclosure since it has been publicly available for at least 1 year and remains publically available.
The NRC staff will consider any additional information addressing the above items that is received within 30 days after the date of this letter. Thomas Loomis from your staff agreed with this response time on April 8, 2009.
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: Kenneth O. Lindquist, President Northeast Technology Corporation 108 N. Front Street UPO Box 4178 Kingston, NY 12402 Additional Distribution via Listserv
-3 Provide information explaining and documenting the reasons that the information was initially submitted as publically available.
Determine and certify via affidavit that no other public release by the owner of the information has occurred. Provide a justification for how this determination was made.
Provide the reasons that this information should be withheld from public disclosure since it has been publicly available for at least 1 year and remains publically available.
The NRC staff will consider any additional information addressing the above items that is received within 30 days after the date of this letter. Thomas Loomis from your staff agreed with this response time on April 8, 2009.
If you have any questions regarding this matter, I may be reached at 301-415-3204.
Sincerely,
/ra/
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: Kenneth O. Lindquist, President Northeast Technology Corporation 108 N. Front Street UPO Box4178 Kingston, NY 12402 Additional Distribution via Listserv DISTRIBUTION:
PUBLIC RidsNrrPMJHughey Resource RidsOgcRp Resource RidsNrrLAABaxter Resource RidsNrrDorlLpl1-2 Resource LPLI-2 RtF RidsRgn1 MailCenter Resource RidsAcrsAcnw_MailCTR Resource ADAMS Accession Number: ML090990126
LPL1-2/BC NAME JHughey ABaxter
- RMRader HChernoff DATE 4/27/2009 04/15/2009 4/28/2009 5/13/2009 OFFICIAL RECORD COpy