ML12192A353

Request for Withholding Information from Public Disclosure for Peach Bottom Atomic Power Station, Units 2 and 3

ML12192A353
Person / Time
Site:	Peach Bottom
Issue date:	07/19/2012
From:	Richard Ennis Plant Licensing Branch 1
To:	Pacilio M Exelon Nuclear, Exelon Generation Co
Ennis R
References
TAC ME7538, TAC ME7539
Download: ML12192A353 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 19, 2012 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PEACH BOTTOM ATOMIC POWER STATION, UNIT NOS. 2 AND 3 (TAC NOS. ME7538 AND ME7539)

Dear Mr. Pacilio:

By Exelon Generation Company, LLC (Exelon) letter to the Nuclear Regulatory Commission (NRC) dated June 21, 2012, and three Global Nuclear Fuel - Americas, LLC (GNF-A) affidavits each dated June 15, 2012, executed by Mr. Andrew A. Lingenfelter, Exelon requested that the information contained in Attachments 7, 8, and 9 to its letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390. Specifically, Exelon requested that the following documents be withheld:

Enclosure 7 of GNF-A letter CFL-EXN-HEO-12-080 to Exelon, "GNF Response to NRC RAls 19-22" and Enclosure 9 of GNF-A letter CFL-EXN-HEO-12-080 to Exelon, "Supporting Information for RAI-23 Response" (Attachment 7 to Exelon's letter)

GNF-A proprietary report NEDC-33672P, "Peach Bottom Atomic Power Station:

Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks with Rack Inserts," Revision 1, dated June 2012 (Attachment 8 to Exelon's letter)

GNF-A proprietary report NEDC-33686P, "Peach Bottom Atomic Power Station:

Fuel Storage Criticality Safety Analysis of Spent Fuel Storage Racks with Boraflex," Revision 1 dated, June 2012 (Attachment 9 to Exelon's letter)

A non-proprietary copy of the documents (Attachments 10, 11, and 12 to Exelon's letter) has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavits 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; and (4)b. Information which, if used by a competitor, would reduce [its] expenditure of resources or improve [its] 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 the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, 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 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 document. 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 301-415-1420.

Sincerely, Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 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 We have 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 affidavits, 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 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 document. 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 301-415-1420.

Sincerely, Iral Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 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 RidsOgcMailCenter Resource LPL 1-2 RIF RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl1-2 Resource RidsRgn 1MailCenter Resource RidsNrrLAABaxter Resource RidsNrrDssSrxb Resource RidsNrrPMPeachBottom Resource ADAMS Accession No.: ML12192A353 II OFFICE I LPL1-2/PM I LPL 1-2/LA I SRXB/BC (A) LPL 1-2/BC I NAME REnnis ABaxter SMiranda MKhanna DATE 7/18/12 7/18/12 7/18/12 7/19/12 OFFICIAL RECORD COpy