ML21124A122

Request for Withholding Information from Public Disclosure

ML21124A122
Person / Time
Site:	Hope Creek
Issue date:	05/13/2021
From:	James Kim Plant Licensing Branch 1
To:	Carr E Public Service Enterprise Group
Kim J, NRR/DORL/LPL1, 415-4125
References
EPID L-2020-LLA-0210
Download: ML21124A122 (3)

Text

May 13, 2021 Mr. Eric Carr President and Chief Nuclear Officer PSEG Nuclear LLC - N09 P.O. Box 236 Hancocks Bridge, NJ 08038

SUBJECT:

HOPE CREEK GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2020-LLA-0210)

Dear Mr. Carr:

By letter dated April 29, 2021, PSEG Nuclear LLC (the licensee) submitted an affidavit dated April 28, 2021, executed by Brian R. Moore, General Manager, Core & Fuel Engineering Global Nuclear Fuel - Americas, requesting that information contained in the following enclosure be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Enclosure 3: Proprietary Response to Request for Additional Information (EPID L-2020-LLA-0210)

A nonproprietary copy of the document is available in the Agencywide Documents Access and Management System at Accession No. ML21119A367.

Mr. Moores 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-As competitors without a license from GNF-A constitutes a competitive economic advantage over other companies.

(4)b. Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

E. Carr Therefore, the version(s) 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.

If you have any questions regarding this matter, please contact me at (301) 415-4125 or James.Kim@nrc.gov.

Sincerely,

/RA/

James S. Kim, Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-354 cc: Listserv Mr. Brian R. Moore Brian.Moore@ge.com General Manager, Core & Fuel Engineering Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401

ML21124A122 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LaiT NRR/DORL/LPL1/LA NAME JKim KEntz JBurkhardt DATE 05/05/2021 05/04/2021 05/05/2021 OFFICE NRR/DORL/LPL1/BC NRR/DORL/LPL1/PM NAME JDanna JKim DATE 05/13/2021 05/13/2021