ML102800538

Request for Withholding Information from Public Disclosure

ML102800538
Person / Time
Site:	Limerick
Issue date:	10/19/2010
From:	Peter Bamford Plant Licensing Branch 1
To:	Pacilio M Exelon Nuclear
Bamford, Peter J., NRR/DORL 415-2833
References
TAC ME3589, TAC ME3590
Download: ML102800538 (3)

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In October 19, 2010

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Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, JL 60555

SUBJECT:

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

ME3589 AND ME3590)

Dear Mr. Pacilio:

By letter dated August 30,2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102440265), Exelon Generation Company, LLC (Exelon) submitted a response to a request for additional information (RAI) sent by the U.S. Nuclear Regulatory Commission (NRC) staff regarding a license amendment request (LAR) proposing to revise the operating license and technical specifications for Limerick Generating Station (LGS), Units 1 and 2. The LAR proposes to implement an increase of approximately 1.65 percent in rated thermal power from the currently licensed power limit of 3458 megawatts thermal.

As part of the RAJ response, your staff submitted, as Attachment 2 to letter dated August 30, 2010, an affidavit dated August 26, 2010. This affidavit was executed by Mr. James F. Harrison, Vice President, Fuels Licensing Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC (GEH), and requested that 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:

0000-1114-0580-RO, "Limerick Generating Station, Units 1 and 2, Upper Shelf Energy Evaluation for [Low Pressure Coolant Injection] LPCI Nozzle Forging Material," dated August 2010.

A nonproprietary version of 0000-1114-0580-RO has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

It may be found at ADAMS Accession No. ML102440264.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over GEH andlor other companies; (b) Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

M. Pacilio

- 2 We have reviewed your submittal 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, 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.

Please contact me at 301-415-2833, if you have any questions.

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:

Mr. James F. Harrison Vice President, Fuels Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional distribution via Listserv

M. Pacilio

- 2 We have reviewed your submittal 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, 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.

Please contact me at 301-415-2833, if you have any questions.

Sincerely, Ira!

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:

Mr. James F. Harrison Vice President, Fuels Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional distribution via Listserv DISTRIBUTION:

PUBLIC RidsOgcRp Resource LPLI-2 RtF RidsAcrsAcnw_MailCTR Resource RidsNrrLAABaxter Resource RidsNrrPMLimerick Resource RidsRgn 1MailCenter Resource RidsNrrDorlDpr Resource RidsNrrDorlLpl1-2 Resouce ADAMS Accession Number" ML102800538 OFFICE LPLI-2/PM LPLI-2/LA LPL1-2/BC NAME PBamford ABaxter (w/comment)

HChernoff DATE 10/7/10 10/14/10 10/19/10 OFFICIAL RECORD COPY