ML12173A094

Request for Withholding Information from Public Disclosure

ML12173A094
Person / Time
Site:	Oyster Creek
Issue date:	07/12/2012
From:	John Lamb Plant Licensing Branch 1
To:	Pacilio M Exelon Nuclear, Exelon Generation Co
Lamb J
References
Download: ML12173A094 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 12, 2012 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

OYSTER CREEK NUCLEAR GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING REVISION OF THE CORE OPERATING LIMITS REPORT FOR RELOAD 22, CYCLE 23, REVISION 7

Dear Mr. Pacilio:

By letter dated June 6, 2012, Exelon Nuclear (Exelon) submitted a revision of the core operating limits report (COLR) for Reload 22, Cycle 23, Revision 7 at Oyster Creek Nuclear Generating Station (OCNGS). This COLR incorporates the revised Maximum Average Planar Linear Heat Generation Rate Limits. This COLR was submitted in accordance with OCNGS Technical Specification Section 6.9.1.fA.

By letter dated June 6, 2012, Exelon submitted an affidavit dated October 8, 2010, executed by Mr. Anthony P. Reese of Global Nuclear Fuel - Americas LLC (GNF-A) requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

GNF-A proprietary report, 0000-0108-7976-FBIR-P, "Fuel Bundle Information Report for Oyster Creek Reload 23, Cycle 23, Revision 0, Class III (GNF-A Proprietary Information), dated October 2010.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

• Information that discloses a process, method, or apparatus, including supporting data and analysis, 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.

• 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.

The U.S, Nuclear Regulatory Commission (NRC) staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has 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 above listed document 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, the NRC staff may send copies of this information to our consultants working in this area. The NRC staff 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, please contact me at (301) 415-3100.

G. Lamb, Senior Project Manager t licensing Branch 1-2 Di ision of Operating Reactor Licensing ice of Nuclear Reactor Regulation Docket No. 50-219 cc: Mr. Anthony P. Reese Manager, Reload Design & Analyses Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Rd Wilmington, NC 28402 Additional Distribution via Listserv

ML12173A094

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