ML20212L365

Request for Withholding Information from Public Disclosure (EPID L-2020-LLA-0142) (COVID-19)

ML20212L365
Person / Time
Site:	Callaway
Issue date:	08/06/2020
From:	Mahesh Chawla Plant Licensing Branch IV
To:	Diya F Ameren Missouri
Chawla M
References
EPID L-2020-LLA-0142
Download: ML20212L365 (4)

Text

August 6, 2020 Mr. Fadi Diya Senior Vice President and Chief Nuclear Officer Ameren Missouri Callaway Energy Center 8315 County Road 459 Steedman, MO 65077

SUBJECT:

CALLAWAY PLANT, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLA-0142 [COVID-19])

Dear Mr. Diya:

By letter dated June 26, 2020 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML20178A668), you submitted to the U.S. Nuclear Regulatory Commission (NRC) a one-time license amendment request for Callaway Plant, Unit No. 1, for deferral of steam generator tube inspection (eddy current testing) currently scheduled to be performed during Refueling Outage (RFO) 24 in October 2020, to RFO 25, which is scheduled for the spring of 2022.

In Attachment 4 of the letter dated June 26, 2020 (ADAMS Accession No. ML20178A674), you submitted an affidavit dated June 24, 2020, executed by Gayle Elliott, Deputy Director, Licensing and Regulatory Affairs, for Framatome Inc, requesting that the information contained in the following document (Attachment 2 of the letter dated June 26, 2020) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Callaway Unit 1 Steam Generator Operational Assessment to Support Deferral of Planned Inspections from 1R24 to 1R25 (Framatome document 51-9312589-000, Non-Redacted)

Subsequent to the submittal of the license amendment request dated June 26, 2020, it was identified that, although the affidavit provided a basis for identifying the applicable information as proprietary and why the information should be withheld from public disclosure pursuant to 10 CFR 2.390, the version of the proprietary document, as provided, did not include brackets adjacent to the text containing the proprietary information and did not include markings with the brackets, signifying the particular reason or the basis for the proprietary information (i.e.,

why it should be withheld).

By letter dated July 21, 2020, you replaced the proprietary attachment for the subject document (ADAMS Accession No. ML20203M328); however, no changes to the affidavit itself or the redacted version of the document are required.

F. Diya A nonproprietary copy of this document (Attachment 3 of the letter dated June 26, 2020) has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS at Accession No. ML20178A673).

The affidavit stated, in part, that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and would likely cause substantial harm to the competitive position of Framatome.

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 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.

F. Diya If you have any questions regarding this matter, please contact me at 301-415-8371 or by e-mail at Mahesh.Chawla@nrc.gov.

Sincerely,

/RA/

Mahesh L. Chawla, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-483 cc: Gayle Elliott Deputy Director, Licensing and Regulatory Affairs Framatome, Inc.

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ML20212L365 *via e-mail OFFICE NRR/DORL/LPL4/PM* NRR/DORL/LPL4/LA* NRR/DNRL/NCSG/BC* NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM*

NAME MChawla PBlechman SBloom JDixon-Herrity MChawla DATE 8/6/2020 8/6/2020 7/23/2020 8/6/2020 8/6/2020