RS-14-177, Request for Withdrawal of Documents in Accordance with 10 CFR 2.390(c), Related to the Byron Station, Units 1 and 2, and Braidwood Station, Units 1 and 2, License Renewal Application

Request for Withdrawal of Documents in Accordance with 10 CFR 2.390(c), Related to the Byron Station, Units 1 and 2, and Braidwood Station, Units 1 and 2, License Renewal Application

ML14157A311
Person / Time
Site:	Byron, Braidwood
Issue date:	06/05/2014
From:	Gallagher M Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
RS-14-177
Download: ML14157A311 (3)

Text

10 CFR 50 10 CFR 51 10 CFR 54 RS-14-177 June 5, 2014 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555-0001 Braidwood Station, Units 1 and 2 Facility Operating License Nos. NPF-72 and NPF-77 NRC Docket Nos. STN 50-456 and STN 50-457 Byron Station, Units 1 and 2 Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. STN 50-454 and STN 50-455

Subject:

Request for Withdrawal of Documents in accordance with 10 CFR 2.390(c),

related to the Byron Station, Units 1 and 2, and Braidwood Station, Units 1 and 2, License Renewal Application

References:

1. Letter from Michael P. Gallagher, Exelon Generation Company LLC (Exelon) to NRC Document Control Desk, dated May 29, 2013, "Application for Renewed Operating Licenses"

2. Letter from John W. Daily, US NRC to Michael P. Gallagher, Exelon, dated February 26, 2014, "Requests for Additional Information for the Review of the Byron Nuclear Station, Units 1 and 2, and Braidwood Nuclear Station, Units 1 and 2, License Renewal Application - Aging Management, Set 10 (TAC NOS.

MF1879, MF1880, MF1881, and MF1882)"

3. Letter from Michael P. Gallagher, Exelon to NRC Document Control Desk, dated March 28, 2014, "Responses to NRC Requests for Additional Information, Set 10, dated February 26, 2014 related to the Braidwood Station, Units 1 and 2 and Byron Station, Units 1 and 2 License Renewal Application"

4. Letter from Lindsay R. Robinson, US NRC to Michael P. Gallagher, Exelon, dated May 14, 2014, "Request for Withholding Information from Public Disclosure (TAC Nos. MF1879, MF1880, MF1881, AND MF1882)"

June 5, 2014 U.S. Nuclear Regulatory Commission Page 2 In Reference 1, Exelon Generation Company, LLC (Exelon) submitted the License Renewal Application (LRA) for the Byron Station, Units 1 and 2, and Braidwood Station, Units 1 and 2 (BBS). In Reference 2, the NRC requested additional information to support NRC staff review of the LRA In Reference 3, Exelon submitted responses to these requests. Some of these responses (those contained in Enclosure B of Reference 3) contained information considered by Westinghouse to be proprietary. Therefore, Reference 3 requested the information in Enclosure B to be withheld from public disclosure, in accordance with 10 CFR 2.390.

NRC staff review of the Reference 3 responses determined that some of the information contained in Enclosure B of Reference 3, sought to be withheld from public disclosure, does not meet the requirements of 10 CFR 2.390 for withholding. Therefore, the NRC issued the Reference 4 letter, denying the request for withholding, and providing Exelon an opportunity to request withdrawal of the documents in accordance with 10 CFR 2.390(c).

In light of the above, Exelon desires to withdraw Enclosure B of Reference 3 and hereby requests the NRC to return this document to Exelon. As this information will be replaced with a new submittal (as described below), Exelon believes that the originally submitted Reference 3, Enclosure B information will not form part of the basis of an official agency decision for a licensing action (one of the exclusion criteria in 10 CFR 2.390(c)(3)), and the request for return of this document should be granted. The other responses to the Set 10 Requests for Additional Information, contained in Enclosure A of Reference 3, were submitted as non-proprietary information and are not being requested to be returned.

Within 30 days of the date of this letter, Exelon plans to resubmit responses to those Reference 2 RAls that were previously contained in Enclosure B of Reference 3. If any of that information is considered to be proprietary, Exelon will address the concerns identified in Reference 4 related to meeting the requirements of 10 CFR 2.390, such that any information sought to be withheld from public disclosure will contain sufficient justification to merit such treatment.

There are no new or revised regulatory commitments contained in this letter.

If you have any questions, please contact Mr. Al Fulvio, Manager, Exelon License Renewal, at 61 0-765-5936.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on 06 -0) -1,..o/f Respectfully, M~fbl4t--. .

Vice President - License Renewal Projects Exelon Generation Company, LLC

June 5, 2014 U.S. Nuclear Regulatory Commission Page 3 cc: Regional Administrator NRC Region Ill NRC Project Manager (Safety Review), NRR-DLR NRC Project Manager (Environmental Review), NRR-DLR NRC Senior Resident Inspector, Braidwood Station NRC Senior Resident Inspector, Byron Station NRC Project Manager, NRA-DORL-Braidwood and Byron Stations Illinois Emergency Management Agency - Division of Nuclear Safety