ML092370647

Byron, Units 1 and 2, Request for Withholding Information from Public Disclosure

ML092370647
Person / Time
Site:	Byron, Braidwood
Issue date:	09/02/2009
From:	David M J Plant Licensing Branch III
To:	Pardee C G Exelon Nuclear
marshall david 415-1547
References
TAC ME1613, TAC ME1614, TAC ME1615, TAC ME1616
Download: ML092370647 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 September 2, 2009 Mr. Charles G. Pardee President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BRAIDWOOD STATION, UNITS 1 AND 2, AND BYRON STATION, UNIT NOS. 1 AND 2 (TAC NOS. ME1613, ME1614, ME1615, AND ME1616)

Dear Mr. Pardee:

By letter dated August 14, 2009 (Agencywide Documents Access and Management System (ADAMS) Package No. ML092320375), Exelon Generation Company, LLC (the licensee), submitted an affidavit (CAW-09-2636) dated August 13, 2009, executed by Mr. J. A. Gresham of Westinghouse Electric Company, LLC (Westinghouse), requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: LTR-SGMP-09-100 P-Attachment, "Response to NRC Request for Additional Information on H*; Model F and Model D5 Steam Generators," dated August 12, 2009 (Proprietary)

A nonproprietary copy of L TR-SGMP-09-100 NP-Attachment, dated August 12, 2009, has been placed in the Nuclear Regulatory Commission's (NRC's or Commission's)

Public Document Room and added to the ADAMS Public Electronic Reading Room. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse. The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

The application of that system and the substance of that system constitute Westinghouse policy and provide the rational basis required. The information is being transmitted to the Commission in confidence and, under the provision of 10 CFR Section 2.390, it is to be received in confidence by the Commission.

The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief. The proprietary information sought to be withheld in this submittal is appropriately marked. Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse.

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, I can be reached at 301-415-1547.

Sincerely, Mar/hall J. David, Se r Plant Licensing Branch 111-2 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 w/encl: Distribution via Listserv The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief. The proprietary information sought to be withheld in this submittal is appropriately marked. Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse.

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, I can be reached at 301-415-1547.

Sincerely, IRA! Marshall J. David, Senior Project Manager Plant Licensing Branch 111-2 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 w/encl: Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrPMByron Resource RidsNrrLATHarris Resource LPL3-2 R1F RidsNrrPMBraidwood Resource RidsNrrDciCsgb Resource RidsNrrDorlLpl3-2 Resource RidsAcrsAcnw

_MailCTR Resource RidsRgn3MailCenter Resource AJohnson, NRR RidsOgcMailCenter Resource ADAMS Accession No*..

NRR-084 OFFICE LPL3-2/PM LPL3-1/LA DCI/CSGB/BC LPL3-2/BC NAME MDavid THarris MGavrilas SCampbell DATE 8/27/09 8/27/09 9/1/09 9/2/09 OFFICIAL RECORD COPY