ML17067A082

Request for Withholding Information from Public Disclosure for Peach Bottom Atomic Power Station, Units 2 and 3 (CAC Nos. MF9289 and MF9290)

ML17067A082
Person / Time
Site:	Peach Bottom
Issue date:	03/28/2017
From:	Richard Ennis Plant Licensing Branch 1
To:	Bryan Hanson Exelon Nuclear
Ennis R, NRR/DORL/LPL1, 415-1420
References
CAC MF9289, CAC MF9290
Download: ML17067A082 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Bryan C. Hanson President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 March 28, 2017

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 (CAC NOS. MF9289 AND MF9290)

Dear Mr. Hanson:

By letter dated February 17, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17048A444), Exelon Generation Company, LLC (Exelon) submitted two affidavits both dated February 13, 2017 (contained in Attachment 9 to Exelon's letter), executed by Mr. Ernest M. Hauser of Cameron Holding Corporation (Cameron).

Exelon requested that the information contained in Attachment 8 to its letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390. Specifically, Exelon requested that the following documents be withheld:

Engineering Report: ER-464 Revision 4, "Uncertainty Analysis for Thermal Power Determination at Peach Bottom Unit 2 Using the LEFMV" + System" Engineering Report: ER-463 Revision 4, "Uncertainty Analysis for Thermal Power Determination at Peach Bottom Unit 3 Using the LEFMV" + System" Exelon's letter requested that the information in Attachment 8 be withheld in its entirety (i.e., a non-proprietary version of the information was not provided in the application).

However, the U.S. Nuclear Regulatory Commission (NRC) staff's review of the application and material, in accordance with the requirements of 10 CFR 2.390, determined that some of the information sought to be withheld is available in public sources. Following discussion of this issue with the NRC staff on March 7, 2017, Exelon agreed to submit a non-proprietary version of the subject reports. In its letter dated March 20, 2017 (ADAMS Accession No. ML17080A067), Exelon submitted (1) a revised proprietary version of Engineering Reports ER-463 and ER-464 (Revision 5 of each report), marked to specifically identify the portions considered to be proprietary (Attachment 1 to Exelon's letter), (2) a non-proprietary version of Engineering Reports ER-463 and ER-464 (Attachment 2 to Exelon's letter), and (3) two affidavits both dated March 13, 2017 (Attachment 3 to Exelon's letter), executed by Mr. Ernest M. Hauser of Cameron. The non-proprietary copy of Engineering Reports ER-463 and ER-464 has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

B. Hanson The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: 5.(ii)(a) 5.(ii)(b) 5.(ii)(c)

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Cameron's competitors without license from Cameron constitutes a competitive economic advantage over other companies.

It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product. 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 affidavits, 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.

B. Hanson If you have any questions regarding this matter, I may be reached at 301-415-1420 or Rick.Ennis@nrc.gov.

Docket Nos. 50-277 and 50-278 cc: Mr. Ernest M. Hauser Director of Business Development Nuclear and Defense Markets Cameron Holding Corporation Sincerely, Richard B. Ennis, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Caldon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Additional Distribution via Listserv B. Hanson

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 (CAC NOS. MF9289 AND MF9290) DATED MARCH 28, 2017 DISTRIBUTION:

Public LPL 1 R/F RidsNrrDorlLpl1 Resource RidsNrrLALRonewicz Resource RidsRgn1 MailCenter Resource RidsACRS_MailCTR Resource RidsNrrPMPeachBottom Resource ADAMS Accession No.: ML17067A082 OFFICE DORL/LPL 1 /PM DORL/LPL 1 /LA DORL/LPL 1 /BC DORL/LPL 1 /PM NAME REnnis LRonewicz JDanna REnnis DATE 03/33/2017 03/23/2017 03/27/2017 03/28/2017 OFFICIAL RECORD COPY