ML16132A280

Request for Withholding Information from Public Disclosure (CAC Nos. MF7263 and MF7264)

ML16132A280
Person / Time
Site:	Limerick
Issue date:	05/12/2016
From:	Richard Ennis Plant Licensing Branch 1
To:	Bryan Hanson Exelon Nuclear
Ennis R, NRR/DORL/LPLI-II, 415-1420
References
CAC MF7263, CAC MF7264
Download: ML16132A280 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION Mr. Bryan C. Hanson President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 WASHINGTON, D.C. 20555-0001 May 12, 2016

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR LIMERICK GENERATING STATION, UNITS 1 AND 2 (CAC NOS. MF7263 AND MF7264)

Dear Mr. Hanson:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated May 9, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16131A698), Exelon Generation Company, LLC (Exelon) submitted a GE-Hitachi Nuclear Energy Americas LLC (GEH) affidavit dated May 3, 2016, executed by Ms. Lisa K. Schichlein.

Exelon requested that the information contained in the attachment to its letter be withheld from public disclosure pursuant to Title 1 O of the Code of Federal Regulations (1 O CFR) Section 2.390. Specifically, Exelon requested that the following document be withheld:

GEH report NEDC-33743P, "BWR [boiling-water reactor] Owners' Group Reload Analysis and Core Management Committee SC05-03 Analysis Report,

Revision 0, dated April 2012 Exelon's letter stated that the report is deemed proprietary in its entirety.

As such, a non-proprietary version of the report was not provided, consistent with the guidance in NRC Information Notice 2009-07, "Withholding of Proprietary Information from Public Disclosure,

dated March 30, 2009 (ADAMS Accession No. ML082460249).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: (4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without a license from GEH constitutes a competitive economic advantage over other companies; and (4)b. Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

B. Hanson We have reviewed your application and the material in accordance with the requirements of 1 O 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 document.

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 may be reached at 301-415-1420 or R1ck.Enn1s@nrc.gov.

Docket Nos. 50-352 and 50-353 cc: Ms. Lisa K. Schichlein Senior Project Manager, NPP/Services Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv Sincerely, Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation B. Hanson 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 document.

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 may be reached at 301-415-1420 or Rick.Ennis@nrc.gov.

Docket Nos. 50-352 and 50-353 cc: Ms. Lisa K. Schichlein Senior Project Manager, NPP/Services Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Sincerely, IRA/ Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Additional Distribution via Listserv DISTRIBUTION:

PUBLIC LPL 1-2 R/F RidsNrrDorlLpl1-2 Resource RidsNrrPMLimerick Resource RidsRgn 1 MailCenter Resource RidsACRS_MailCTR Resource RidssNrrDssSrxb Resource MHardgrove, NRR ADAMS Accession No.: ML16132A280 OFFICE DORL/LPL 1-2/PM DORL/LPL 1-2/LA DSS/SRXB/BC (A) DORL/LPL 1-2/BC NAME REnnis LRonewicz EOesterle DBroaddus (AHon for) DATE 5/12/16 5/12/16 5/12/16 5/12/16 OFFICIAL RECORD COPY DORL/LPL 1-2/PM REnnis 5/12/16