ML22228A178

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Request for Withholding Information from Public Disclosure Quad Cities Nuclear Power Station, Units 1 and 2
ML22228A178
Person / Time
Site: Quad Cities  Constellation icon.png
Issue date: 09/27/2022
From: Robert Kuntz
NRC/NRR/DORL/LPL3
To: Rhoades D
Constellation Energy Generation
Kuntz R, NRR/DORL/LPL3
References
EPID L-2022-LLA-0014
Download: ML22228A178 (3)


Text

September 27, 2022 Mr. David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2 (EPID L-2022-LLA-0014)

Dear Mr. Rhoades:

By letter dated August 10, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No ML22222A101), you submitted an affidavit dated August 8, 2022, executed by Kent Halac, Senior Engineer, Regulatory Affairs, Global Nuclear Fuel - Americas, LLC (GNF-A), which requested that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

RS-22-095, Response to Request for Additional Information Regarding Quad Cities Request to Expand Applicability of GNF Thermal Mechanical Analysis Methods to Framatome Fuel, dated August 2022.

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS.

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

(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a and (4)b. Some examples of categories of information that fit into the definition of proprietary information are:

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;

D. Rhoades 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;

c. Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, resulting in potential products to GNF-A;
d. Information which discloses trade secret or patentable subject matter for which it may be desirable to obtain patent protection.

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.

If you have any questions regarding this matter, I may be reached at 301-415-3733.

Sincerely,

/RA/

Robert F. Kuntz, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-254 and 50-265 cc:

Listserv

ML22228A178 OFFICE DORL/LPL3/PM DORL/LPL3/LA DSS/SFNB/BC NAME RKuntz SRohrer SKrepel DATE 8/17/2022 8/17/2022 9/16/2022 OFFICE DORL/LPL3/BC DORL/LPL3/PM NAME NSalgado RKuntz DATE 9/26/2022 9/27/2022