ML24106A015

Request for Withholding Information from Public Disclosure Response to Request for Additional Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling

ML24106A015
Person / Time
Site:	FitzPatrick
Issue date:	04/15/2024
From:	James Kim Plant Licensing Branch 1
To:	Rhoades D Constellation Energy Generation
Poole J
References
EPID L-2023-LLA-0109
Download: ML24106A015 (1)

Text

April 15, 2024

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

SUBJECT:

JAMES A. FITZPATRICK NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE:

RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION FOR LICENSE AMENDMENT REQUEST TO UPDATE THE TECHNICAL SPECIFICATION BASES TO CHANGE THE FUEL HANDLING ACCIDENT ANALYSIS (EPID L-2023-LLA-0109)

Dear David Rhoades:

By letter dated March 25, 2024, you submitted an affidavit dated March 20, 2024, executed by Kent Halac, Senior Engineer, Regulatory Affairs, General Electric Hitachi Nuclear Energy Americas LLC (GEH), requesting 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):

Enclosure 1: Response to Request for Additional Information for License Amendment Request to Update the Technical Specification Bases to Change the Fuel Handling Accident Analysis - Proprietary (EPID L-2023-LLA-0109 )

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 Managem ent System (ADAMS) Accession No. ML24085A234.

The 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 GEH's competitors without a license from GEH 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.

D. Rhoades - 2 -

The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, because of the statements in the affidavit, the staff has 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. The NRC staff 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 revi ew 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 1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket No.: 50-333

cc: Kent Halac Senior Engineer, Regulatory Affairs GE Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Kent.Halac@ge.com

Listserv

ML24106A015 *via e-mail OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NRR/DORL/LPL1/BC NRR/DORL/LPL1/PM NAME JKim KZeleznock HGonzález* JKim*

DATE 04/15/2024 04/15/2024 4/15/2024 4/15/2024