ML25112A307

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– Request for Withholding Information from Public Disclosure
ML25112A307
Person / Time
Site: Byron, Braidwood  Constellation icon.png
Issue date: 04/24/2025
From: Scott Wall
NRC/NRR/DORL/LPL3
To: Rhoades D
Constellation Energy Generation
Wall, S
References
EPID L-2024-LLA-0072
Download: ML25112A307 (1)


Text

April 24, 2025 David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

BRAIDWOOD STATION, UNITS 1 AND 2, AND BYRON STATION, UNIT NOS. 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2024-LLA-0072)

Dear David Rhoades:

By letter dated April 21, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25111A257), you submitted an affidavit dated April 21, 2025, executed by Rebecca L. Steinman, Senior Manager, Licensing for Constellation Energy Generation, LLC (CEG), an affidavit dated April 18, 2025, executed by Morris Byram, Manager, Licensing & Regulatory Affairs for Framatome Inc. (Framatome), and an affidavit dated April 18, 2025, executed by Jerrod Ewing, Manager, Operating Plants Licensing, Westinghouse Electric Company LLC (Westinghouse).

The affidavit dated April 21, 2025, executed by Rebecca L. Steinman, Senior Manager, Licensing for CEG, requested that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390.

Attachments 10 and 11 to Constellation letter RS-25-088 dated April 21, 2025, with subject Response to Request for Additional Information Related to License Amendment to Braidwood Station, Units 1 and 2, and Byron Station, Units 1 and 2, to Transition to Framatome GAIA Fuel and Exemptions to 10 CFR 50.46 The affidavit dated April 18, 2025, executed by Morris Byram, Manager, Licensing & Regulatory Affairs for Framatome, requested that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390.

Attachments 8 and 9 to Constellation letter RS-25-088 dated April 21, 2025, with subject Response to Request for Additional Information Related to License Amendment to Braidwood Station, Units 1 and 2, and Byron Station, Units 1 and 2, to Transition to Framatome GAIA Fuel and Exemptions to 10 CFR 50.46 The affidavit dated April 18, 2025, executed by Jerrod Ewing, Manager, Operating Plants Licensing, Westinghouse, requested that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390.

to Constellation letter RS-25-088 dated April 21, 2025, with subject Response to Request for Additional Information Related to License Amendment to Braidwood Station, Units 1 and 2, and Byron Station, Units 1 and 2, to Transition to Framatome GAIA Fuel and Exemptions to 10 CFR 50.46 A nonproprietary copy of these documents has been placed in the U. S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS under Accession No. ML25111A257.

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

a. The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for CEG.
b. The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for CEG in product optimization or marketability.
c. The information is vital to a competitive advantage held by CEG, would be helpful to competitors to CEG, and would likely cause substantial harm to the competitive position of CEG.

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

a. 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.
b. 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.
c. The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and would likely cause substantial harm to the competitive position of Framatome.

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

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. 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.

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 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, I may be reached at 301-415-2855.

Sincerely,

/RA/

Scott P. Wall, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456, STN 50-457, STN 50-454, and STN 50-455 cc: Listserv Rebecca L. Steinman, Senior Manager, Licensing Constellation Energy Generation, LLC 4300 Winfield Road Warrenville, IL 60555 Morris Byram, Manager, Licensing & Regulatory Affairs Framatome Inc.

2101 Horn Rapids Road Richland, WA 99354 Jerrod Ewing, Manager, Operating Plants Licensing Westinghouse Electric Company LLC 1000 Westinghouse Drive Cranberry Township, PA 16066

ML25112A307 NRR-084 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DORL/LPL3/BC (A)

NAME SWall SRohrer IBerrios DATE 04/22/2025 04/23/2025 04/23/2025 OFFICE NRR/DORL/LPL3/PM NAME SWall DATE 04/24/2025