ML12250A855

Request for Withholding Information from Public Disclosure

ML12250A855
Person / Time
Site:	Peach Bottom
Issue date:	09/17/2012
From:	John Hughey Plant Licensing Branch 1
To:	Pacilio M Exelon Generation Co, Exelon Nuclear
Hughey J d
References
TAC ME4847
Download: ML12250A855 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 September 17, 2012 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

PEACH BOTTOM ATOMIC POWER STATION, UNIT NO.2: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4847)

Dear Mr. Pacilio:

By letter dated October 1, 2010, Exelon Generation Company, LLC submitted an affidavit dated August 11, 2010, executed by Mr. Andrew A. Lingenfelter of Global Nuclear Fuel- Americas, LLC (GNF-A) requesting that the information contained in 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:

GNF-A proprietary report, 0000-011 0-4769-FBIR Revision 1, Fuel Bundle Information Report for Peach Bottom Unit 2, Reload 18 Cycle 19, Class III, (GNF A Proprietary Information), dated August 2010.

A non-proprietary version of this document has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS)

Public Electronic Reading Room.

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 GNF-A and/or other companies.

(4)b 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 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 affidavit, 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

M. Pacilio -2 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 301-415-3204.

John D. Hughey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-277 cc: Mr. Andrew A. Lingenfelter Vice President, Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28402 Additional Distribution via ListServ

M. Pacilio - 2 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 301-415-3204.

Sincerely,

/ra!

John D. Hughey, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-277 cc: Mr. Andrew A. Lingenfelter Vice President, Fuel Engineering Global Nuclear Fuel Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28402 Additional Distribution via ListServ DISTRIBUTION:

PUBLIC RidsOgcMailCenter Resource LPL 1-2 RIF RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl1-2 Resource RidsRgn1 MailCenter Resource RidsNrrLAABaxter Resource RidsNrrPMPeachBottom Resource ADAMS Accession Number: M L12250A855 OFFICE I LPL 1-2/PM LPL 1-2/LA LPL 1-2/BC NAME JHughey ABaxter MKhanna DATE 09/13/201 911112012 09/17/2012 OFFICIAL RECORD COPY