ML15278A046

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Request for Withholding Information from Public Disclosure for Peach Bottom Atomic Power Station, Units 2 and 3
ML15278A046
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 02/05/2016
From: Richard Ennis
Plant Licensing Branch 1
To: Bryan Hanson
Exelon Nuclear
Ennis R, NRR/DORL/LPLI-2
References
CAC MF4760, CAC MF4761
Download: ML15278A046 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 5, 2016 Mr. Bryan C. Hanson President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3 (CAC NOS. MF4760 AND MF4761)

Dear Mr. Hanson:

By letter dated October 1, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15274A467), Exelon Generation Company, LLC (Exelon) submitted an affidavit dated October 1, 2015, executed by Ms. Lisa K. Schichlein of GE-Hitachi Nuclear Energy Americas LLC (GEH). Exelon requested that the information contained in Attachment 1 to its letter be withheld from public disclosure pursuant to Title 1O of the Code of Federal Regulations (1 O CFR), Section 2.390. Specifically, Exelon requested that the following document related to the Peach Bottom Atomic Power Station (PBAPS), Units 2 and 3, Maximum Extended Load Line Limit Analysis Plus (MELLLA+) license amendment request (LAR) be withheld:

Response to SRXB-RAl-18 [Reactor Systems Branch Request for Additional Information 18] in Support of PBAPS MELLLA+ LAR - Proprietary NRC staff review of the above document identified several items marked as proprietary that the staff determined should be publicly available. By letter dated January 15, 2016 (ADAMS Accession No. ML16019A101 ), Exelon submitted a revised version of the document to correct the proprietary markings. Exelon's letter also included an affidavit dated November 16, 2015, executed by Ms. Lisa K. Schichlein of GEH, and a corrected non-proprietary version of the above document. The non-proprietary copy of the document (Attachment 2 to Exelon's letter dated January 15, 2016) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

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 GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies.

(4)b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

B. Hanson 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 affidavit, 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 document. 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.

If you have any questions regarding this matter, I may be reached at 301-415-1420 or I lid\ (n' 11iC ,(lUJ.

Sincerely, Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-277 and 50-278 cc: Ms. Lisa K. Schichlein Senior Project Manager, NPP/Services Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv

ML15278A046 OFFICE DORL/LPL 1-2/PM DORL/LPL 1-2/LA DSS/SRXB/BC DORL/LPL 1-2/BC DORL/LPL 1-2/PM NAME REnnis LRonewicz EOesterle DBroaddus REnnis DATE 1/28/16 1/28/2016 1/29/16 2/4/16 2/5/16