ML23114A347

Request for Withholding Information from Public Disclosure for Limerick Generating Station, Units 1 and 2 (EPIDs L-2023-LLA-0025 and L-2023-LLE-0005)

ML23114A347
Person / Time
Site:	Limerick
Issue date:	05/02/2023
From:	Marshall M NRC/NRR/DORL/LPL1
To:	David Helker Constellation Energy Generation
References
EPID L-2023-LLA-0025, EPID L-2023-LLE-0005
Download: ML23114A347 (1)

Text

May 2, 2023 Mr. David P. Helker Sr. Manager - Licensing Constellation Energy Generation, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR LIMERICK GENERATING STATION, UNITS 1 AND 2 (EPIDS L-2023-LLA-0025 AND L-2023-LLE-0005)

Dear Mr. Helker:

By letter dated February 17, 2023, you submitted an affidavit dated February 13, 2023, executed by Mr. Kent Halac, and 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):

License Amendment Request to Revise Technical Specifications and Exemption Request from Requirements of 10 CFR 50.62 ATWS Rule to Support the Digital Modernization Project Installation 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 the Agencywide Documents Access and Management System (ADAMS) under the No. ML23052A023.

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

(3) [] for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (D.C. Cir. 1983).

(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

D. Helker competitors without a license from GNF-A constitutes a competitive economic advantage over other companies;

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; 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, please contact me by phone at 301-415-2871 or by email at michael.marshall@NRC.gov or Nick Smith by phone at 301-415-2509 or by email at nicholas.smith@nrc.gov.

Sincerely,

/RA/

Michael Marshall, Senior Project Manager Plant Licensing Branch 1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-352 and 50-353 cc: Mr. Kent Halac Global Nuclear Fuels - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Listserv

ML23114A347 NRR-084 OFFICE NRR/DORL/LLPB/PM NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NRR/DSS/SNSB/BC NRR/DRO/IOLB/BC NAME NSmith MMarshall KZeleznock PSahd KMiller DATE 04/19/2023 04/20/2023 04/26/2023 04/28/2023 04/27/2023 OFFICE NRR/DORL/LPL1/BC NRR/DORL/LLPB/PM NRR/DORL/LPL1/PM NAME HGonzález NSmith MMarshall DATE 05/02/2023 05/02/2023 05/02/2023