ML092010076

Request for Withholding Information from Public Disclosure

ML092010076
Person / Time
Site:	Oyster Creek
Issue date:	07/17/2009
From:	Darrell Roberts Division of Reactor Safety I
To:	Pardee C Exelon Generation Co
References
Download: ML092010076 (5)

Text

July 17, 2009 Mr. Charles G. Pardee Senior Vice President, Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO), Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Pardee:

By letter dated July 7, 2009, and associated affidavit executed by Mr. Keith R. Jury on July 7, 2009, (Agency Documents Access and Management System (ADAMS) Accession No. ML091890427), Exelon Generation Company, LLC (EGC) requested that the Oyster Creek Nuclear Generating Station (OCNGS) Root Cause Report (RCR) titled Tritium Identified in Emergency Service Water (ESW) Vault, designated with the unique identifier 00907846-08, be withheld from public disclosure in accordance with provisions of NRC regulation 10 CFR 2.390(a)(4) as confidential commercial information.

The affidavit stated that the entire document provided by OCNGS should be held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4) and should be considered exempt from mandatory public disclosure for the following reasons stated in the affidavit:

a. The information sought to be withheld in the OCNGS root cause report is and has been held in confidence internally by EGC.

b. The information is of a type that is customarily held in confidence by EGC and the principle for the confidentiality is for the continued ability of EGC to be frank, candid, and self-critical in evaluations of station issues so that effective corrective actions can be implemented to prevent recurrence. This is the foundation of the Corrective Action Program (CAP). To preserve the ability to be frank and self-critical with commentary and opinions that form the basis for improving performance, personnel must be confident that the statements and analyses are not taken out of context by an organization without regulatory accountability for honest assessment of factual information. Making a root cause document publically available is inappropriate, as it may serve to undermine the high level of thoroughness, candor, and self-critical nature of the document, because the document would be subject to scrutiny that is not held to a regulatory standard of accountability.

c. The information was submitted to the NRC voluntarily and in confidence.

C. Pardee 2

d. The information sought to be withheld, as stated in the affidavit, is not known or believed to be available in public sources and no public disclosure has been made.

The NRC staff has reviewed EGCs affidavit which requested that its Root Cause Report, 00907846-08, be withheld from public disclosure in accordance with the requirements of 10 CFR 2.390. Based on the staffs review, we have concluded that ECG has not provided the information required to make our decision on withholding this information from public disclosure. Specifically, EGC needs to include the following information with its request for withholding:

1. In accordance with the requirements of 10 CFR 2.390(b)(1)(i)(B), provide a marked-up version of the Root Cause Report, 00907846-08, delineating portions that EGC considered to be proprietary and cite the reason that each portion is being requested to be withheld.

2. Provide a nonproprietary copy of the Root Cause Report, 00907846-08, that can be submitted for public view.

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 a revised withholding request meeting the requirements of 10 CFR 2.390(b)(1)(i) and addressing the information listed above.

Please contact Mr. John White, of my staff, at (610) 337-5114, if you have any questions regarding this letter.

Sincerely,

/RA/

Darrell Roberts, Director Division of Reactor Safety Docket No. 50-219 License No. DPR-16

C. Pardee 2

d. The information sought to be withheld, as stated in the affidavit, is not known or believed to be available in public sources and no public disclosure has been made.

The NRC staff has reviewed EGCs affidavit which requested that its Root Cause Report, 00907846-08, be withheld from public disclosure in accordance with the requirements of 10 CFR 2.390. Based on the staffs review, we have concluded that ECG has not provided the information required to make our decision on withholding this information from public disclosure. Specifically, EGC needs to include the following information with its request for withholding:

1. In accordance with the requirements of 10 CFR 2.390(b)(1)(i)(B), provide a marked-up version of the Root Cause Report, 00907846-08, delineating portions that EGC considered to be proprietary and cite the reason that each portion is being requested to be withheld.

2. Provide a nonproprietary copy of the Root Cause Report, 00907846-08, that can be submitted for public view.

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 a revised withholding request meeting the requirements of 10 CFR 2.390(b)(1)(i) and addressing the information listed above.

Please contact Mr. John White, of my staff, at (610) 337-5114, if you have any questions regarding this letter.

Sincerely,

/RA/

Darrell Roberts, Director Division of Reactor Safety Docket No. 50-219 License No. DPR-16 SUNSI Review Complete: RLN (Reviewer=s Initials) ADAMS ACCESSION NO. ML092010076 DOCUMENT NAME: G:\DRS\Plant Support Branch 2\Nimitz\OCwithholdingrequestRev2.doc After declaring this document AAn Official Agency Record@ it will be released to the Public.

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via email DATE 07/17/09 07/17/09 07/17/09 07/17/09 07/17/09 OFFICE RI/ORA RI/DRS NAME KFarrar/KLF* DRoberts/DJR w/comments DATE 07/17/09 07/17/09 OFFICIAL RECORD COPY

• See Previous Concurrence Page

C. Pardee 3 cc:

C. Crane, President and Chief Operating Officer, Exelon Corporation M. Pacilio, Chief Operating Officer, Exelon Nuclear M. Massaro, Site Vice President, Oyster Creek Nuclear Generating Station P. Orphanos, Plant Manager, Oyster Creek Generating Station J. Barstow, Regulatory Assurance Manager, Oyster Creek J. Grimes, Acting Senior Vice President, Mid-Atlantic Operations K. Jury, Vice President, Licensing and Regulatory Affairs P. Cowan, Director, Licensing B. Fewell, Associate General Counsel, Exelon Correspondence Control Desk, Exelon Nuclear Mayor of Lacey Township P. Mulligan, Chief, NJ Dept of Environmental Protection R. Shadis, New England Coalition Staff E. Gbur, Chairwoman - Jersey Shore Nuclear Watch E. Zobian, Coordinator - Jersey Shore Anti Nuclear Alliance P. Baldauf, Assistant Director, NJ Radiation Protection Programs

C. Pardee 4 Distribution: (VIA E-MAIL)

S. Collins, RA M. Dapas, DRA D. Lew, DRP J. Clifford, DRP R. Bellamy, DRP S. Barber, DRP C. Newport, DRP M. Ferdas, DRP, SRI J. Kulp, DRP, RI J. DeVries, DRP, OA L. Trocine, RI OEDO H. Chernoff, NRR R. Nelson, NRR E. Miller, PM, NRR R. Ennis, NRR, Backup J. Hughey, NRR, Backup Region I Docket Room (with concurrences)

D. Roberts, DRS P. Wilson, DRS