ML112920342

Request for Withholding Information from Public Disclosure Affidavit CAW-11-3137

ML112920342
Person / Time
Site:	Byron, Braidwood
Issue date:	11/03/2011
From:	Nicholas Difrancesco Plant Licensing Branch III
To:	Pacilio M Exelon Nuclear
DiFrancesco N, NRR/DORL/LPL3-2, 415-1115
References
TAC ME6587, TAC ME6588, TAC ME6589, TAC ME6590
Download: ML112920342 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 3, 2011 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

BRAIDWOOD STATION, UNITS 1 AND 2 AND BYRON STATION UNIT NOS. 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: AFFIDAVIT CAW-11-3137 (TAC NO. ME6587, ME6588, ME6589, AND ME6590)

Dear Mr. Pacilio:

By letter to the U.S. Nuclear Regulatory Commission (NRC), dated June 23, 2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML111790030), Exelon Generation Company, LLC submitted an affidavit dated April 12, 2011 (ADAMS Accession No. ML111790040), executed by Mr. J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC, 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:

• Attachment 5, "Braidwood and Byron Stations Measurement Uncertainty Recapture Technical Evaluation (NRC Regulatory Information Summary 2002-03 Requested Information)," (Proprietary Version)

The nonproprietary version was included as Attachment 7 (ADAMS Accession No. ML111790042) of the letter dated June 23, 2011.

The affidavit provides several explanations why the information that was submitted should be considered exempt from mandatory public disclosure. The following explanations which correspond with Attachment 5 include:

(4)(ii)(a). The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(4)(ii)(c). Its use 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 a similar product.

The NRC staff has 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.

M. Pacilio

- 2 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 301-415-1115, if you have any questions regarding this matter.

Sincerely,

~9*g-;~*

Nicholas DiFrancesco, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456, STN 50-457 STN 50-454, and STN 50-455 cc:

Mr. J. A Gresham Manager, Regulatory Compliance Westinghouse Electric Company, LCC Suite 428, 1000 Westinghouse Drive Cranberry Township, PA 16066 Distribution via Listserv

M. Pacilio

- 2 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 301-415-1115, if you have any questions regarding this matter.

Sincerely, IRA!

Nicholas DiFrancesco, Project Manager Plant licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456, STN 50-457 STN 50-454, and STN 50-455 cc:

Mr. J. A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company, LCC Suite 428, 1000 Westinghouse Drive Cranberry Township, PA 16066 Distribution via Listserv DISTRIBUTION:

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