ML092460713

Request for Withholding Information from Public Disclosure

ML092460713
Person / Time
Site:	Peach Bottom
Issue date:	09/16/2009
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: ML092460713 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 16, 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, UNIT NOS. 2 AND 3: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD9154AND MD9155)

Dear Ms. Cowan:

By letter to the Nuclear Regulatory Commission (NRC) dated June 12, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML091740446), Exelon Generation Company, LLC, (Exelon) reclassified the following document from proprietary to non-proprietary and included it as Attachment 1:

Appendix A to NET-264-02 P, Revision 1, "Criticality Analysis of the Peach Bottom Spent Fuel Racks for GNF-2 Fuel with Boraflex Panel Degradation Projected to May 2012."

This document was previously submitted to the NRC under affidavit dated June 23, 2008, as an attachment to Exelon letter dated June 25,2008 (ADAMS Accession No. ML081820348).

Exelon resubmitted a revised affidavit dated November 4, 2008, as an attachment to letter dated November 6, 2008 (ADAMS Accession No. ML083190840). The revised affidavit corrected deficiencies identified by the NRC in the original affidavit.

The NRC staff reviewed the submittals and associated material in accordance with the requirements of Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 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 in NRC letter dated December 29, 2008 (ADAMS Accession No. ML083370279).

Subsequently, the NRC staff determined that the information in Appendix A of the Northeast Technology Corporation 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. The NRC staff notified Exelon that the document would no longer be withheld

P. Cowan

- 2 from public disclosure and would be placed in ADAMS as publically available. Accordingly, this document is now publically available in ADAMS under Accession No. ML091740446.

If you have any questions regarding this matter, I may be reached at 301-415-3204.

if!f)~

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

P. Cowan

-2 from public disclosure and would be placed in ADAMS as publically available. Accordingly, this document is now publically available in ADAMS under Accession No. ML091740446.

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: Kenneth O. Lindquist President Northeast Technology Corporation 108 N. Front Street UPO Box4178 Kingston, NY 12402 Additional Distribution via ListServ DISTRIBUTION:

PUBLIC RidsNrrLAABaxter Resource RidsRgn1 MailCenter Resource RidsNrrPMJHughey Resource RidsNrrDorlLpl1-2 Resource RidsAcrsAcnw_MailCTR Resource RidsOgcRp Resource LPLI-2 R/F ADAMS Accession Number: ML092460713 OFFICE LPL1-2/PM LPL1-2/LA LPL1-2/BC NAME JHughey ABaxter HChernoff DATE 09/10/2009 09/10/2009 09/16/2009 OFFICIAL RECORD COpy