ML24151A288

Request for Withholding Information from Public Disclosure

ML24151A288
Person / Time
Site:	Limerick
Issue date:	06/10/2024
From:	Robert Kuntz NRC/NRR/DORL/LPL3
To:	Rhoades D Constellation Energy Generation
Klett, AL
References
EPID L-2022-LLA-0140
Download: ML24151A288 (1)

Text

June 10, 2024 David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Rd.

Warrenville, IL 60555

SUBJECT:

LIMERICK GENERATING STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2022-LLA-0140)

Dear David Rhoades:

By letters dated September 26, 2022, February 15, 2023, July 31, 2023, and January 26, 2024, you submitted affidavits dated September 20, 2022, February 14, 2023, May 3, 2023, and January 25, 2024, executed by Zachary Harper, Manager, Licensing Engineering, Westinghouse Electric Company, LLC (Westinghouse), and Anthony Schoedel, Manager, Advanced Reactors Licensing, Westinghouse, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

WNA-DS-04899-GLIM-P, Limerick Generation Station Plant Protection System Digital Modernization Project System Requirements Specification (SyRS), Revision 1 WNA-AR-01050-GLIM-P, Limerick Generation Station Plant Protection System Failure Modes and Effects Analysis, Revision 2 WNA-DS-04900-GLIM-P, Limerick Generation Station Plant Protection System Digital Modernization Project System Design Specification (SyDS), Revision 2 WNA-DS-04900-GLIM-P, Limerick Generation Station Plant Protection System Digital Modernization Project System Design Specification (SyDS), Revision 3 WCAP-16097-P Appendix 5, Common Qualified Platform Record of Changes, Revision 6 WNA-DS-04899-GLIM-P, Limerick Generation Station Plant Protection System Digital Modernization Project System Requirements Specification (SyRS), Revision 4 WNA-DS-04900-GLIM-P, Limerick Generation Station Plant Protection System Digital Modernization Project System Design Specification (SyDS), Revision 6

WNA-AR-01050-GLIM-P, Limerick Generation Station Plant Protection System Failure Modes and Effects Analysis, Revision 6 The 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.

(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.

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. In addition, we have determined that the document contains extensive proprietary information to an extent that a non-proprietary (i.e., redacted) version would be of no value to the public.

Therefore, the documents listed above which were 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 U.S. Nuclear Regulatory Commission (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 Licensing Processes Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos.: 50-352 and 50-353 cc: Listserv

ML24151A288 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL1/LA NRR/DEX/EICB/BC NRR/DORL/LPL3/BC NRR/DORL/LPL3/PM NAME RKuntz KZeleznock FSacko HGonzalez RKuntz DATE 05/30/2024 06/03/2024 6/6/2024 6/7/2024 6/10/2024