ML113050604
| ML113050604 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/10/2011 |
| From: | John Hughey Plant Licensing Branch 1 |
| To: | Pacilio M Exelon Nuclear |
| Hughey J, NRR/DORL, 301-415-3204 | |
| References | |
| TAC ME7333 | |
| Download: ML113050604 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 10, 2011 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville,lL 60555
SUBJECT:
LIMERICK GENERATING STATION, UNIT 1: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME7333)
Dear Mr. Pacilo:
By letter to the Nuclear Regulatory Commission (NRC) dated October 12,2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML112870080), Exelon Generation Company, LLC, (Exelon) submitted an affidavit dated September 22, 2011, executed by Mr. Andrew A. Lingenfelter, Vice President, Fuel Engineering, Global Nuclear Fuel
- Americas, LLC (GNF-A), 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), Part 2, Section 2.390(a):
CFL-EXN-HH1-11-119, Enclosure 1, "GNF Additional Information Regarding the Requested Changes to the Technical Specification SLMCPR [Safety Limit Minimum Critical Power Ratio], Limerick Unit 1 Cycle 15, GNF Proprietary Information - Class III (Confidential)," dated September 13, 2011.
CFL-EXN-HH1-11-119, Enclosure 3, "Supplemental Peach Bottom RAI [request for additional information] Responses Applied to Limerick Unit 1 Cycle 15, GNF Proprietary Information - Class III (Confidential)," dated September 22, 2011.
CFL-EXN-HH1-11-119, Enclosure 5, "Fuel Application Overview, GNF Proprietary Information - Class III (Confidential)," dated September 22, 2011.
A nonproprietary copy of Enclosures 1 and 3 to CFL-EXN-HH 1-11-119 have been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.
Your letter and the affidavit stated that the information in Enclosure 5 to CFL-EXN-HH1-11-119 is proprietary in its entirety, therefore, no non-proprietary version is provided.
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 other companies;
M. Pacilio
- 2 (4)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 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.
s;;D.~
John D. Hughey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-352 cc:
Mr. Andrew A. Lingenfelter Vice President, Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional distribution via ListServ
M. Pacilio
- 2 (4)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 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, lraJ John D. Hughey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-352 cc:
Mr. Andrew A. Lingenfelter Vice President, Fuel Engineering 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 RIF RidsRgn1 MailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsNrrDssSrxb Resource ADAMS Accession Number: ML113050604
- via email OFFICE LPL 1-2/PM LPL 1-2/LA I LPL 1-2/BC
!NAME JHughey ABaxter
- HChernoff (REnnis for)
I. DATE 11/10/2011 11/10/2011 11/10/2011 OFFICIAL RECORD COpy