ML111050234

Withholding Proprietary Information from Public Disclosure, Dresden Mode 2 High Pressure Scram Elimination RAI Responses (TAC Nos. ME4844 and ME4845) (RS-10-021)

ML111050234
Person / Time
Site:	Dresden
Issue date:	04/27/2011
From:	Ellen Brown Plant Licensing Branch III
To:	Pacilio M Exelon Nuclear
Brown Eva, NRR/DORL, 415-2315
References
TAC ME4844, TAC ME4845, RS-10-021
Download: ML111050234 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 27, 2011 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

DRESDEN NUCLEAR POWER STATION, UNITS 2 AND 3 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME4844 AND ME4845)(RS-1 0-021)

Dear Mr. Pacilio:

By letter dated April 6, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML110960658), Exelon Generation Company, LLC, submitted an affidavit dated April 4, 2011., executed by Ed Schrull on behalf of GE- Hitachi Nuclear Energy Americas LLC (GEH), requesting that information contained in Enclosure 1 of GEH letter, 7491-1-2M27SZ-1, "Dresden Mode 2 High Pressure Scram Elimination RAI Responses," be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390.

Non-proprietary copies of these documents have been placed in the U.S. Nuclear Regulatory Commission (NRC) Public Document Room and added to the ADAMS Public Electronic Reading Room.

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 other companies; and (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 of a similar product.

We have reviewed your application and the material in accordance with the 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 as 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.

M. Pacilio -2 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,l may be reached at 301-415-2315.

Eva A. Brown, Senior Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-237 and 50-249 cc: Distribution via Listserv

ML111050234 NRR-084 OFFICE LPL3-2/PM LPL3-2/LA LPL3-2/BC NAME EBrown SRohrer RCarlson DATE 4/19/11 4118111 4/27/11