ML111330688

Request for Withholding Information from Public Disclosure

ML111330688
Person / Time
Site:	Byron, Braidwood
Issue date:	06/03/2011
From:	DiFrancesco N J Plant Licensing Branch III
To:	Pacilio M J Exelon Nuclear
DiFrancesco N, NRR/DORL/LPL3-2, 415-1115
References
TAC ME5836, TAC ME5837, TAC ME5838, TAC ME5839
Download: ML111330688 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 June 3, 2011 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 BRAIDWOOD STATION, UNITS 1 AND 2 AND BYRON STATION UNIT NOS. 1 AND 2 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME5836, ME5837, ME5838, AND ME5839)

Dear Mr. Pacilio:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated March 14,2011 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 110760088), Exelon Generation Company, LLC submitted an affidavit dated February 23, 2011, executed by Mr. B. F. Maurer, Manager, ABWR Licensing, Westinghouse Electric Company LLC, and requested that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: WCAP-17349-P, "Bypass Test Instrumentation for Byron and Braidwood Units 1 and 2," Revision 1, dated February 2011. The nonproprietary version of WCAP-17349-NP can be found in Attachment 8 of the letter dated March 14, 2011. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: (4)(ii)(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.

(4)(ii)(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 submittal and the material in accordance with requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information soUght to be withheld contains proprietary commercial information and should be withheld from public disclosure.

M. Pacilio Therefore, the version of the submitted information marked 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.

Please contact me at 301-415-1115, if you have any questions regarding this matter. Sincerely, Nicholas DiFrancesco, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-456, 50-457 50-454, and 50-455 cc: Mr. J. A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company, LCC Suite 428, 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv M. Pacilio -Therefore, the version of the submitted information marked 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.

Please contact me at 301-415-1115, if you have any questions regarding this matter. Sincerely, Docket Nos. 50-456, 50-457 50-454, and 50-455 cc: Mr. J. A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company, LCC Suite 428, 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv DISTRIBUTION:

PUBLIC RidsAcrsAcnw_MailCTR Resource RidsNrrPMBraidwood Resource IRA! Nicholas DiFrancesco, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation LPL3-2 RlF RidsNrrLASRohrer Resourc RidsNrrPMByron Resource RidsRgn3MailCenter Resource RidsNrrDorlDpr Resource RidsNrrDortLpl3-2 Resource ADAMS Accession Number'ML 111330688 NRR-084 OFFICE LPL3-2IPM LPL3-2ILA LPL3-2IBC NAME NDiFrancesco SRohrer I JZimmerman DATE 6/01/11 5131111 6/03/11 OFFICIAL RECORD COPY