ML110610360

Request for Withholding Information from Public Disclosure

ML110610360
Person / Time
Site:	Limerick
Issue date:	03/04/2011
From:	Peter Bamford Plant Licensing Branch 1
To:	Pacilio M Exelon Nuclear
Bamford, Peter J., NRR/DORL 415-2833
References
TAC ME5182
Download: ML110610360 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 March 4, 2011 Mr. Michael Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

LIMERICK GENERATING STATION, UNIT NO.2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME5182)

Dear Mr. Pacilio:

By letter dated December 15, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103500180), and supplemented by letter dated February 17, 2011 (ADAMS Accession No. ML110490572), Exelon Generation Company, LLC submitted a license amendment request (LAR) proposing to modify Technical Specification 2.1, "Safety Limits."

Specifically, this proposed change incorporates revised Safety Limit Minimum Critical Power Ratios (SLMCPRs) requested due to a cycle-specific analysis performed by Global Nuclear Fuel for Limerick Generating Station (LGS), Unit 2, Cycle 12.

As part of the proposed LAR, you submitted an affidavit dated February 16, 2011 (Attachment 3 to letter dated February 17, 2011), executed by Anthony P. Reese, Manager, Reload Design and Analysis, of Global Nuclear Fuel - Americas, LLC (GI\IF-A) requesting that 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:

• GNF's letter, CFL-EXN-HH2-11-005, C. Lamb (GNF-A) to J. Tusar (Exelon Nuclear),

entitled "GNF Response to NRC RAls [Requests for Additional Information] 1 through 8 for Limerick Generating Station Unit 2 SLMCPR Submittal", dated February 16, 2011.

A nonproprietary copy of CFL-EXN-HH2-11-005 has been placed in the Nuclear Regulatory Commission's (NRCs) Public Document Room and added to the ADAMS Public Electronic Reading Room. It may be found at ADAMS Accession No. ML110490572.

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 GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies.

(4) 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.

M. Pacilio - 2 We have reviewed your application 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 301-415-2833, if you have any questions.

Sincerely,

~~ager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-353 cc:

Mr. Anthony P. Reese Manager, Reload Design and Analysis Global Nuclear Fuel - Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional distribution via Listserv

M. Pacilio -2 We have reviewed your application 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 301-415-2833, if you have any questions.

Sincerely,

/ra!

Peter Bamford, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-353 cc:

Mr. Anthony P. Reese Manager, Reload Design and Analysis Global Nuclear Fuel - Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional distribution via Listserv DISTRIBUTION:

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• ML110610360 OFFICE LPL 1-2/PM LPLI*2/PM LPLI*2/LA LPL1*2/BC NAME JWhited PBamford ABaxter HChernoff (SLittle for)

DATE 3/3/11 3/3/11 3/3/11 3/4/11 OFFICIAL RECORD COpy