ML23219A139

Request for Withholding Information from Public Disclosure

ML23219A139
Person / Time
Site:	Callaway
Issue date:	08/15/2023
From:	Mahesh Chawla Plant Licensing Branch IV
To:	Diya F Ameren Missouri, Union Electric Co
Chawla M
References
EPID L-2022-LLA-0150, EPID L-2022-LLE-0030
Download: ML23219A139 (4)

Text

August 15, 2023 Mr. Fadi Diya Senior Vice President and Chief Nuclear Officer Ameren Missouri Callaway Energy Center 8315 County Road 459 Fulton, MO 65077

SUBJECT:

CALLAWAY PLANT, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2022-LLA-0150 AND EPID L-2022-LLE-0030)

Dear Mr. Diya:

By letter dated May 9, 2023 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML23129A793), you submitted an affidavit, dated April 7, 2023 (enclosure 2) (ML23129A796), executed by Morris Byram, Product Manager, Licensing and Regulatory Affairs for Framatome Inc. (Framatome), which requested that the information contained in the following document (enclosure 1)(ML23129A795) be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Response to Audit Questions (Proprietary Version)

Nonproprietary version of the document is provided in enclosure 3 (ML23129A797) of the letter dated May 9, 2023, has been placed in the U.S. Nuclear Regulatory Commissions (NRC) Public Document Room and added to the NRC Library in ADAMS.

Additionally, by letter dated August 3, 2023 (Package ML23215A196), you submitted an affidavit dated August 1, 2023 (enclosure 1) (ML23215A198), executed by Morris Byram, which requested that the information contained in the following document (enclosure 3) to the letter dated August 3, 2023, be withheld from public disclosure pursuant to 10 CFR 2.390.

ANP-4012P, Callaway Rod Ejection Accident Analysis, Revision 2, dated August 2023 A nonproprietary version of this document, contained in enclosure 2 of the letter dated August 3, 2023, has been placed in the NRC Public Document Room and added to the NRC Library in ADAMS (ML23215A199).

The Framatome affidavits dated April 7, 2023, and August 1, 2023, stated, in part, that the information should be considered exempt from mandatory public disclosure for the following reasons.

(6)

The following criteria are customarily applied by Framatome to determine whether information should be classified as proprietary:

(c)

The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for Framatome.

(d)

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.

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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, enclosure 1 of the letter dated May 9, 2023, and enclosure 3 of the letter dated August 3, 2023, marked as proprietary, will be held 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 these determinations 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 301-415-8371 or by email to Mahesh.Chawla@nrc.gov.

Sincerely,

/RA/

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

3315 Old Forest Road Lynchburg, VA 24501 Listserv

ML23219A139 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DSS/SFNB/BC NRR/DSS/SNSB/BC NAME MChawla KGoldstein for PBlechman SKrepel DWoodyatt for PSahd DATE 8/8/2023 8/8/2023 8/8/2023 8/10/2023 OFFICE NRR/DORL/LPL4/BC NRR/DORL/LPL4/PM NAME JDixon-Herrity MChawla DATE 8/15/2023 8/15/2023