ML093170690

Request for Withholding Information from Public Disclosure - Ltr. Dated 11/12/2009

ML093170690
Person / Time
Site:	Clinton
Issue date:	11/23/2009
From:	Goodwin C Plant Licensing Branch III
To:	Pardee C Exelon Nuclear
Goodwin, Cameron S, NRR/DORL, 415-3719
References
TAC ME1643
Download: ML093170690 (4)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 November 23, 2009 Mr. Charles G. Pardee President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 CLINTON POWER STATION, UNIT NO.1 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME1643)

Dear Mr. Pardee:

By letter to the Nuclear Regulatory Commission (NRC) dated November 4, 2009 (Agencywide Documents Access and Management System (ADAMS) Package No. ML093100316), Exelon Generation Company, LLC (EGC) submitted four affidavits.

One affidavit was executed by James F. Harrison, Vice President, Fuel Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC. (GEH) on October 30,2009. Three affidavits were executed by Andrew A. Lingenfelter, Vice President, Fuel Engineering, Global Nuclear Fuel -Americas, LLC (GNF-A), one was dated October 29,2009 and two were dated October 30,2009. These affidavits requested that information designated proprietary in the following document be withheld from public disclosure pursuant to paragraph (a)(4) of Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: JMD-EXN-LH1-09-099, Enclosure 1, October 2009, "Responses to request for Additional Information 1 and 3-14 Related to License Amendment Request to Modify Clinton Power Station Facility Operating License in Support of the Use of Isotope Test Asssemblies" GNF-0000-0108-9509-RO-P, Class III, October 2009, "Evaluation of Characteristics of the GE14i GI\IF-0000-0108-6874-RO-P, Class III, October 2009, "GE14i Thermal-Mechanical Evaluation" GNF-0000-0108-9523-RO-P, Class III, October 2009, "Additional GEXL Information on the GE14i ITAs" The proprietary version of the document and the affidavits are in Attachments 2, 4, 5, and 6 to the letter dated November 4, 2009, from EGC to the U.S. Nuclear Regulatory Commission (NRC), for the Clinton Power Station, Unit NO.1. A non-proprietary copy of the document, provided as Attachment 3 to the letter dated November 4, 2009, has been added to the ADAMS Public Electronic Reading Room (ADAMS Accession No. ML093100313).

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

C.Pardee -2 (a) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by competitors without license from the owner constitutes a competitive economic advantage over other companies; (b) Information which, if used 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 of a similar product; We have reviewed your submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the 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 should also 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, please contact me at (301 )415-3719.

Sincerely, Cameron S. Goodwin, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-461 cc: See next page Clinton Power Station, Unit NO.1 cc: GE-Hitachi Nuclear Energy Americas LLC Vice President, Fuel Licensing, Regulatory Affairs P.O. Box 780, M/C A-55 Wilmington, NC 28401 Global Nuclear Fuel -Americas, LLC Vice President, Fuel Engineering 3901 Castle Hayne Rd. Wilmington, NC 28402-0780 Additional Distribution via ListServ C. Pardee -2 (a) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by competitors without license from the owner constitutes a competitive economic advantage over other companies; (b) Information which, if used 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 of a similar product; We have reviewed your submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the 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 1 03(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 !\IRC. You should also 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, please contact me at (301 )415-3719.

Sincerely, IRA! Cameron S. Goodwin, Project Manager Plant Licensing Branch 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-461 cc: See next page DISTRIBUTION:

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