ML103640033

Request for Withholding Information from Public Disclosure

ML103640033
Person / Time
Site:	Byron, Braidwood
Issue date:	01/21/2011
From:	DiFrancesco N J Plant Licensing Branch III
To:	Pacilio M J Exelon Nuclear
DiFrancesco N, NRR/DORL/LPL3-2, 415-1115
References
TAC ME5198, TAC ME5199, TAC ME5200, TAC ME5201
Download: ML103640033 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 January 2011 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville,IL 60555 BYRON STATION, UNIT NOS. 1 AND 2, AND BRAIDWOOD STATION, UNITS 1 AND 2 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME5198, ME5199, ME5200, AND ME5201)

Dear Mr. Pacilio:

By letter dated December 14, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 103510352), Exelon Generation Company, LLC submitted an affidavit dated November 8,2010, executed by Mr. J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company, 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-17330-P, "H*: Resolution of NRC Technical Issue Regarding Tubesheet Bore Eccentricity (Model F/Model 05)," dated November 2010. A non-proprietary version of the document has been added to ADAMS Public Electronic Reading Room (ADAMS Accession No. ML 103510338).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: 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. 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. It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

M. -2 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.

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, /1/"1 y '6 Nicholas DiFrancesco, 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 J. A. Gresham Manager, Regulatory Compliance and Plant Westinghouse Electric Company P.O. Box Pittsburgh, Pennsylvania Additional distribution via Listserv M. 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.

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, IRA! Nicholas DiFrancesco, 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 J. A. Gresham Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 Additional distribution via Listserv DISTRIBUTION:

PUBLIC LPL3-2 RIF RidsNrrDorlLpl3-2 Resource RidsNrrPMByron Resource RidsNrrPMBraidwood Resource RidsNrrLA THarris Resource RidsOgcRp Resource RidsRgn3MailCenter Resource RidsNrrDorlDpr Resource RidsAcrsAcnw_MailCTR Resource ADAMS Accession No. ML103640033 NRR-084 *concurred via email OFFICE NRRlLPL3-2/PM N RRlLPL3-2/LA NRRlDCIICSGB/BC NRRlLPL3-2/BC NRRlLPL3-2/PM NAME NDiFrancesco THarris* RTaylor RCarison NDiFrancesco DATE 1/13/11 12/30/10 1120111 1/20/11 1/21/11 OFFICIAL RECORD COpy