ML11291A051

Request for Withholding Information from Public Disclosure

ML11291A051
Person / Time
Site:	Susquehanna
Issue date:	10/27/2011
From:	Bhalchandra Vaidya Plant Licensing Branch 1
To:	Rausch T Susquehanna
Vaidya B, NRR/DORL/LPL1-1, 415-3308
References
TAC ME5771
Download: ML11291A051 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 27, 2011 Mr. Timothy S. Rausch Senior Vice President and Chief Nuclear Officer PPL Susquehanna, LLC 769 Salem Boulevard Berwick, PA 18603-0467

SUBJECT:

SUSQUEHANNA STEAM ELECTRIC STATION, UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME5771)

Dear Mr. Rausch:

By letters dated September 21, 2011, (PLA-6748, Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML112790260), September 21,2011, (PLA-6749, ADAMS Package Accession No. ML112860392); and September 27,2011, (PLA 6752, ADAMS Package Accession No. ML112800556), PPL Susquehanna, LLC, submitted following affidavits:

Three affidavits executed by Mr. Richard D. Pagodin, General Manager, Nuclear Engineering, PPL, Susquehanna, LLC, dated July 15 (the licensee's letter PLA-6748),

July 17 (the licensee's letter PLA-6749), and September 14, 2011 (the licensee's letter PLA-6752), requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

(a) PPL Susquehanna, LLC Letter Number PLA-6748, "Susquehanna Steam Electric Station Unit 1 Operating license No. NPF-22, Susquehanna Steam Electric Station, Replacement Steam Dryer Report, Unit 2 Start-Up, 107% Power Test Plateau, July 14, 2011, Docket No. 50-388, dated September 21, 2011, Enclosure 1 Proprietary Version of "SSES Susquehanna Steam Electric Station, Replacement Steam Dryer Report, Unit 2 Start-Up, 107% Power Test Plateau, July 14, 2011 ,"

(affidavit dated July 15, 2011).

(b) PPL Susquehanna, LLC Letter Number PLA-6749, "Susquehanna Steam Electric Station Unit 1 Operating license No. NPF-22, Susquehanna Steam Electric Station, Replacement Steam Dryer Report, Unit 2 Start-Up, 110.5% Power Test Plateau, July 17, 2011, Docket No. 50-388, dated September 21, 2011, Enclosure 1 Proprietary Version of "SSES Susquehanna Steam Electric Station, Replacement Steam Dryer Report, Unit 2 Start-Up, 110.5% Power Test Plateau, July 17, 2011,"

(affidavit dated July 17, 2011).

T. S. Rausch -2 (c) PPL Susquehanna, LLC Letter Number PLA-6752, "Susquehanna Steam Electric Station Unit 1 Operating License No. NPF-22, Susquehanna Steam Electric Station, Replacement Steam Dryer Report, Unit 2 Start-Up, 114% Power Test Plateau, Docket No. 50-388, dated September 27,2011, Enclosure 1 Proprietary Version of "SSES Replacement Steam Dryer and Flow Induced Vibration Report, Unit 2 Start Up, 114% Power Test Plateau, August 2011," (affidavit dated September 14,2011).

The affidavits by Mr. Richard D. Pagodin stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

7. The information identified by text inside triple brackets (({This sentence is an example.} is classified as proprietary because it details the results of test data derived from test instrumentation installed specifically to collect this data. This instrumentation was installed at a significant cost to PPL. The data and the conditions under which it was collected constitute a major PPL asset.

8. Public disclosure of the information sought to be withheld is likely to cause substantial harm to PPL by foreclosing or reducing the availability of profit-making opportunities. The information is of value to other BWR [boiling-water reactor]

Licensee's and would support [their] evaluations and analyses associated with extended power uprate license amendment submittals. Making this information available to other BWR Licensee's would represent a windfall and deprive PPL the opportunity to recover a portion of its large investment in test instrumentation from which this data is derived. 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 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. 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

T. S. Rausch -3 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. Nonproprietary copies of PPL Susquehanna, LLC documents listed in paragraph (a), (b), and (c) above (ADAMS Accession Nos. ML11279A048, ML11286A195, and ML11280A264, respectively), have been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room. If you have any questions regarding this matter, I may be reached at 301-415-3308. Sincerely, Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-387 cc: Mr. Richard D. Pagodin General Manager, Nuclear Engineering PPL Susquehanna, LLC 769 Salem Boulevard Berwick, PA 18603-0467 Additional Distribution via Listserv

ML11279A048, ML11286A195, and ML11280A264, respectively), have been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room. If you have any questions regarding this matter, I may be reached at 301-415-3308. Sincerely,

                                               /raJ Bhalchandra K. Vaidya, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-387 cc:      Mr. Richard D. Pagodin General Manager, Nuclear Engineering PPL Susquehanna, LLC 769 Salem Boulevard Berwick, PA 18603-0467 Additional Distribution via Listserv DISTRIBUTION PUBLIC                                                   LPL1-1 rtf RidsAcrsAcnw_MailCTR Resource                            RidsNrrDorlLpl1-1 Resource RidsNrrLASLittle Resource                                RidsNrrPMSusquehanna Resource RidsNrrDeEmcb Resource                                   RidsOgcMailCenter Resource RidsRgn1 MailCenter Resource                             MKotzalas, EDO ADAMS Accession No.: ML11291A051 E     LPLI-1/PM         LPLI-1/LA           NRR/DE/EMCB/BC    LPLI-1/BC       LPLI-1/PM BVaidya           SLittie             MMurphy           NSalgado        BVaidya 10/19/11          10/19/11            10/26/11          10/27/11        10/27/11}}