ML18184A403

Request for Withholding Information from Public Disclosure - 5/1/18 Affidavit Executed by B. Moore, Global Nuclear Fuel - Americas LLC

ML18184A403
Person / Time
Site:	FitzPatrick
Issue date:	07/12/2018
From:	Tanya Hood Plant Licensing Branch 1
To:	Bryan Hanson Exelon Generation Co
Hood T, NRR/DORL/LPL1, 301-415-1387
References
EPID L-2018-LLA-0146, JAFP-18-0048
Download: ML18184A403 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 12, 2018 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

JAMES A. FITZPATRICK NUCLEAR POWER PLANT- REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0146)

Dear Mr. Hanson:

By letter dated May 17, 2018, Exelon Generation Company, LLC submitted an affidavit dated May 1, 2018, executed by Mr. Brian R. Moore, General Manager, Core & Fuel Engineering, Global Nuclear Fuel -Americas, LLC (GNF-A), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 1O of the Code of Federal Regulations (10 CFR) Section 2.390:

GNF-004N47998-R1-P, "GNF Additional Information Regarding the Requested Changes to the Technical Specification SLMCPR FitzPatrick Cycle 24," May 2018 (GNF Proprietary Information - Class II (Internal)).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure. Some, but not all, of the reasons for exemption are listed below:

• 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.

• 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.

• To address 10 CFR 2.390 (b)(4), the information sought to be withheld is being submitted to [the U.S. Nuclear Regulatory Commission (NRC)] in confidence. The information is of a sort customarily held in confidence by GNF-A, and is in fact so held.

B. Hanson

• All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

• The development of this methodology, along with the testing, development and approval was achieved at a significant cost to GNF-A.

• Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities.

A non-proprietary version of the document is available in the NRC's Agencywide Documents Access and Management System at ADAMS Accession No. ML18137A418.

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 above 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, 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.

B. Hanson If you have any questions, please contact me at (301) 415-1387 or Tanya.Hood@nrc.gov.

Sincerely, Tanya E. Hood, Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-333 cc: Mr. Brian R. Moore General Manager Core & Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Listserv

ML18184A403 OFFICE NRR/DORL/LPL 1/PM NRR/DORL/LPL 1/LA NRR/DORL/LPL 1/BC NRR/DORL/LPL 1PM LRonewicz NAME THood (JBurkhardt for) JDanna THood (JDanna for)

DATE 7/2/18 7/9/18 7/12/18 7/12/18