ML093170599

Request for Withholding Information from Public Disclosure by Letter Dated 10/5/09

ML093170599
Person / Time
Site:	LaSalle
Issue date:	12/02/2009
From:	Goodwin C Plant Licensing Branch III
To:	Pardee C Exelon Nuclear
Goodwin, Cameron S, NRR/DORL, 415-3719
References
TAC ME2376, TAC ME2377
Download: ML093170599 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 2, 2009 Mr. Charles G. Pardee President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

LASALLE COUNTY STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME2376 AND ME2377)

Dear Mr. Pardee:

By letter to the Nuclear Regulatory Commission (NRC) dated October 5, 2009 (Agencywide Documents Access and Management System (ADAMS) Package No. ML092810278), Exelon Generation Company, LLC (EGC) submitted an affidavit dated August 11, 2009, executed by Gayle F. Elliott, Manager, Product Licensing, AREVA NP Inc., requesting 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:

• AREVA I\IP Inc. Report No. ANP-2843(P), "LaSalle Unit 2 Nuclear Power Station Spent Fuel Storage Pool Criticality Safety Analysis with Neutron Absorbing Inserts and Without Boraflex," Revision 1 The proprietary version of the document and the AREVA NP Inc. affidavit are Attachments 3 and 6, respectively, to the letter dated October 5, 2009, from EGC to the NRC, for the LaSalle County Station, Units 1 and 2.

A non-proprietary copy of the document, provided as Attachment 6 to the letter dated October 5, 2009, has been added to the ADAMS Public Electronic Reading Room (ADAMS Accession No. ML092810281).

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

(b) Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

C. Pardee -2 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 Nos. 50-373 and 50-374 cc: See next page

LaSalle County Station, Unis 1 and 2 cc:

Gayle Elliott 3315 Old Forest Road Mail Stop #OF 16 Lynchburg, VA 24501 Additional Distribution via List serv

ML093170599 NRR-084 OFFICE LPL3-2/PM LPL3-2/LA SRXB/BC LPL3-2/BC NAME CGoodwin THarris GCranston SCampbell DATE 11/18/09 11/17/09 11/30/09 12/02/09