ML19178A242

Request for Withholding Information from Public Disclosure

ML19178A242
Person / Time
Site:	Braidwood
Issue date:	07/01/2019
From:	Joel Wiebe Plant Licensing Branch III
To:	Bryan Hanson Exelon Generation Co, Exelon Nuclear
Wiebe J
References
EPID L-2018-LLA-0208
Download: ML19178A242 (3)

Text

July 1, 2019 Mr. Bryan C. Hanson Senior Vice President Exelon Generation Company, LLC President and Chief Nuclear Officer (CNO)

Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

BRAIDWOOD, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0208)

Dear Mr. Hanson:

By letter dated May 30, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19150A428), Exelon Generation Company, LLC (Exelon),

submitted two affidavits dated May 24, 2019. The first affidavit was executed by Alexander Ugryumov of Joint Stock Company TVEL (TVEL) and the second affidavit was executed by Kevin Ledford of Global Nuclear Fuel - Americas, LLC (GNF-A). Both requested 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:

Exelon Letter Dated May 30, 2018, Attachment 2 - Response to NRC Request for Additional Information (Proprietary)

The first affidavit states that the submitted information should be considered exempt from mandatory public disclosure because it contains:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by TVEL's competitors without license from TVEL, constitutes a competitive economic advantage over TVEL and/or other companies.

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.

The second affidavit states that the submitted information should be considered exempt from mandatory public disclosure because it contains:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A, constitutes a competitive economic advantage over other companies.

B. Hanson b. 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.

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 documents 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. The non-proprietary version of is provided as Attachment 3 in Exelons May 30, 2019, letter.

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 Nuclear Regulatory Commission (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 301-415-6606.

Sincerely,

/RA/

Joel S. Wiebe, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456 and STN 50-457 cc: Alexander Ugryumov Vice President of Research and Development Joint Stock Company TVEL 49, Kashirshoe shosse Moscow, 115409, Russia Kevin Ledford Engineering Manager, Fuel Performance & Design Global Nuclear Fuel -Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Listserv

ML19178A242 OFFICE DORL/LPL3/PM DORL/LPL3/LA DORL/LPL3/BC(A) DORL/LPL3/PM NAME JWiebe SRohrer LRegner JWiebe DATE 7/1/19 6/27/19 7/1/19 7/1/19