ML111860036

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Request for Withholding Information from Public Disclosure
ML111860036
Person / Time
Site: Peach Bottom Constellation icon.png
Issue date: 07/27/2011
From: John Hughey
Plant Licensing Branch 1
To: Pacilio M
Exelon Generation Co, Exelon Nuclear
Hughey J, NRR/DORL, 301-415-3204
References
TAC ME6391
Download: ML111860036 (3)


Text

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

SUBJECT:

PEACH BOTTOM ATOMIC POWER STATION, UNIT NO.3: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME6391)

Dear Mr. Pacilo:

By letter to the Nuclear Regulatory Commission (NRC) dated June 8. 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML111600180), Exelon Generation Company, LLC. (Exelon) submitted an affidavit dated May 9, 2011, executed by Mr.

Russell E. Stachowski, Chief Consulting Engineer, Nuclear Physics, Global Nuclear Fuel Americas, LLC (GNF-A), 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:

GNF-0000-0127 -1959-RO-P, "GNF Additional Information Regarding the Requested Changes to the Technical Specification SLMCPR [Safety Limit Minimum Critical Power Ratio], Peach Bottom Unit 3 Cycle 19, Revision 0, Class III (GNF-A Proprietary Information), May 2011:'

A nonproprietary copy of this document has been placed in the NRCs 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:

(4)a.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over GNF-A and/or other companies.

(4)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 application 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.

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

Sincerely,

) ~

J~hey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-278 cc:

Mr. Russell E. Stachowski Chief Consulting Engineer, Nuclear Physics Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional distribution via ListServ

M. Pacilio

- 2 We have reviewed your application 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.

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

Sincerely, Ira!

John D. Hughey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-278 cc:

Mr. Russell E. Stachowski Chief Consulting Engineer, Nuclear Physics Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional distribution via ListServ DISTRIBUTION:

PUBLIC RidsNrrPMPeachBottom Resource RidsOgcRp Resource RidsNrrLAABaxter Resource RidsNrrDorlLpl1-2 Resource LPLI-2 RlF RidsRgn1MailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsNrrDssSrxb Resource ADAMS Accession Number: ML111860036 OFFICE LPL1-2/PM LPL1-2/LA SRXB/BC LPL1-2/BC NAME JHughey ABaxter AUlses HChernoff DATE 7/26/2011 7/21/2011 7/26/2011 7/27/2011 OFFICIAL RECORD COpy