ML071290249

Westinghouse, Request for Withholding Information from Public Disclosure

ML071290249
Person / Time
Site:	Byron
Issue date:	05/16/2007
From:	Kuntz R F NRC/NRR/ADRO/DORL/LPLIII-2
To:	Crane C M Exelon Generation Co
kuntz, Robert , NRR/DORL, 415-3733
References
TAC MD5230
Download: ML071290249 (7)

Text

May 16, 2007Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDINGINFORMATION FROM PUBLIC DISCLOSURE FOR BYRON STATION, UNIT NO. 2 (TAC NO. MD5230)

Dear Mr. Crane:

By letter dated April 13, 2007, Exelon Generation Company, LLC, submitted an affidavit datedApril 13, 2007, executed by B. F. Maurer, Westinghouse Electric Company, LLC, requesting that the information contained in 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:Westinghouse Electric Company CAW-07-2269, WCAP-16401-9 Revision 0, "TechnicalBasis for Repair Options for Reactor Vessel Head Penetration Nozzles and Attachment Welds: Byron and Braidwood Units 1 and 2," dated March, 2005.A nonproprietary copy of this document has been placed in the Nuclear RegulatoryCommission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room (ADAMS Accession No. ML07130117).The affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: (i)The information sought to be withheld from public disclosure is owned and hasbeen held in confidence by Westinghouse.(ii)The information is of a type customarily held in confidence by Westinghouse andnot customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.Under that system, information is held in confidence if it falls in one or more ofseveral types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:(a)The information reveals the distinguishing aspects of a process (orcomponent, structure, tool, method, etc.) where prevention of its use by C. Crane-2-any of Westinghouse's competitors without license from Westinghouseconstitutes a competitive economic advantage over other companies.(c)Its use by a competitor would reduce his expenditure of resources orimprove his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.(e)It reveals aspects of past, present, or future Westinghouse or customerfunded development plans and programs of potential commercial value to Westinghouse .(iv)The information sought to be protected is not available in public sources oravailable information has not been previously employed in the same original manner or method to the best of our knowledge and belief.We have reviewed your application and the material in accordance with the requirements of10 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 as proprietary will be withheld frompublic 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 anddirectly 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 futuresuch 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 301-415-3733. Sincerely,/RA/Robert F. Kuntz, Project ManagerLicensing Plant Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. STN 50-455 cc: See next page C. Crane-2-any of Westinghouse's competitors without license from Westinghouseconstitutes a competitive economic advantage over other companies.(c)Its use by a competitor would reduce his expenditure of resources orimprove his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.(e)It reveals aspects of past, present, or future Westinghouse or customerfunded development plans and programs of potential commercial value to Westinghouse .(iv)The information sought to be protected is not available in public sources oravailable information has not been previously employed in the same original manner or method to the best of our knowledge and belief.We have reviewed your application and the material in accordance with the requirements of10 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 as proprietary will be withheld frompublic 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 anddirectly 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 futuresuch 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 301-415-3733. Sincerely,/RA/Robert F. Kuntz, Project ManagerLicensing Plant Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. STN 50-455 cc: See next page DISTRIBUTION

PUBLIC RidsNrrPMRKuntz RidsNrrLAEWhitt LPL3-2 R/F RidsNrrDorlLpl3-2ADAMS Accession Number: ML071290249 NRR-084OFFICELPL3-2/PMLPL3-2/LALPL3-2/BCNAMERKuntzEWhittRGibbsDATE5/15/20075/15/2007 5/16/2007 OFFICIAL RECORD COPY Byron Station, Units 1 and 2 cc:

Regional Administrator, Region IIIU.S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4351Illinois Emergency Management AgencyDivision of Disaster Assistance &

Preparedness 110 East Adams Street Springfield, IL 62701-1109Document Control Desk - LicensingExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Mr. Dwain W. Alexander, Project ManagerWestinghouse Electric Corporation P.O. Box 355 Pittsburgh, PA 15230Howard A. LearnerEnvironmental Law and Policy Center of the Midwest 35 East Wacker Drive Suite 1300 Chicago, IL 60601-2110U.S. Nuclear Regulatory CommissionByron Resident Inspector's Office 4448 North German Church Road Byron, IL 61010-9750Ms. Lorraine CreekRR 1, Box 182 Manteno, IL 60950Chairman, Ogle County BoardP.O. Box 357 Oregon, IL 61061Mrs. Phillip B. Johnson1907 Stratford Lane Rockford, IL 61107Attorney General500 S. Second Street Springfield, IL 62701Plant Manager - Byron Station Exelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794Site Vice President - Byron StationExelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794Senior Vice President - Operations SupportExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555ChairmanWill County Board of Supervisors Will County Board Courthouse Joliet, IL 60434Director - Licensing and Regulatory AffairsExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Manager Regulatory Assurance - ByronExelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Vice President - Regulatory AffairsExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Byron Station, Units 1 and 2 cc:

Manager Licensing - Braidwood, Byron and LaSalle Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Senior Vice President - Midwest OperationsExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Mr. Barry Quigley 3512 Louisiana Rockford, IL 61108