ML22270A306

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R. E. Ginna Nuclear Power Plant - Request for Withholding Information from Public Disclosure
ML22270A306
Person / Time
Site: Ginna Constellation icon.png
Issue date: 11/17/2022
From: V Sreenivas
Plant Licensing Branch 1
To: Rhoades D
Constellation Energy Generation, Exelon Generation Co
Sreenivas V, NRR/DORL/LPL1, 415-2596
References
EPID L-2022-LLA-0124
Download: ML22270A306 (1)


Text

November 17, 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:

R. E. GINNA NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2022-LLA-0124)

Dear Mr. Rhoades:

By letter dated August 22, 2022, Constellation Energy Generation, LLC (CEG, the Licensee) submitted an affidavit dated March 24, 2022, executed by Camille Zozula, Manager, Westinghouse Electric Company LLC (Westinghouse), requesting that information contained in the following be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

RGE-22-4 P-ATTACHMENT 3 APPLICATION OF WESTINGHOUSE FULL SPECTRUMTM LOCA EVALUATION MODEL TO THE R.E. GINNA NUCLEAR POWER PLANT A nonproprietary copy of the license amendment request document is available in the Agencywide Documents Access and Management System at Accession No. ML22234A169.

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

5. Westinghouse has policies in place to identify proprietary information. Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

D. Rhoades (b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage (e.g., by optimization or improved marketability).

(c) Its use 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 a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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.

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.

D. Rhoades If you have any questions regarding this matter, please contact me at (301) 415-2597 or v.sreenivas@nrc.gov.

Sincerely,

/RA/

V. Sreenivas, Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-244 cc: Ms. Camille Zozula, Manager Regulatory Compliance and Corporate Licensing Westinghouse Electric Company LLC 1000 Westinghouse Drive Cranberry Township, PA 16066 Listserv

ML22270A306 OFFICE NRR/DORL/LPLI/PM NRR/DORL/LPLI/LA NRR/DSS/SNSP/BC NAME VSreenivas KZeleznock DWoodyatt DATE 09/27/2022 09/28/2022 10/06/2022 OFFICE NRR/DORL/LPLI/BC NRR/DORL/LPLI/PM NAME HGonzalez VSreenivas DATE 11/02/2022 11/17/2022