ML24163A390

Request for Withholding Information from Public Disclosure

ML24163A390
Person / Time
Site:	Limerick
Issue date:	08/14/2024
From:	Robert Kuntz NRC/NRR/DORL/LPL3
To:	Rhoades D Constellation Energy Generation, Constellation Nuclear
Kuntz R, NRR/DORL/LPL3
References
EPID L-2022-LLA-0140
Download: ML24163A390 (1)

Text

August 14, 2024

David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Rd.

Warrenville, IL 60555

SUBJECT:

LIMERICK GENERATING STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2022-LLA-0140)

Dear David Rhoades:

By letters dated April; 5, and June 26, 2023, you submitted affidavits dated March 30, and June 23, 2023, executed by Darani M. Reddick, Director-Licensing, you requested that the information contained in the following documents be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

INL/RPT-23-71063, Limerick Safety-Related Instrumentation and Controls Upgrade, Human Factors Engineering Conceptual Verification Report, Revision 0

INL/RPT-23-71903, Limerick Safety-Related Instrumentation and Controls Upgrade, Human Factors Engineering Preliminary Validation Report, Revision 1

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS).

The affidavit submitted March 30, 2023, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(5) CEG [Constellation, the licensee] has policies in place to identify proprietary information. Under that system, information is held in confidence if it falls in one or more of several 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 (or component, structure, tool, method, etc.) where prevention of its use by any of CEGs competitors without license from CEG constitutes a competitive economic advantage over other companies.

D. Rhoades

The affidavit submitted June 23, 2023, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(5) CEG has policies in place to identify proprietary information. Under that system, information is held in confidence if it falls in one or more of several 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 (or component, structure, tool, method, etc.) where prevention of its use by any of CEGs competitors without license from CEG constitutes a competitive economic advantage over other companies.

(b) 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).

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(s) 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 revi ew situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

D. Rhoades

If you have any questions regarding this matter, I may be reached at 301-415-3733.

Sincerely,

/RA/

Robert F. Kuntz, Senior Project Manager Licensing Processes Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos.: 50-352 and 50-353

cc: Listserv

ML24163A390 NRR-084 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL1/LA NRR/DRO/IOLB/BC NRR/DORL/LPL3/BC NRR/DORL/LPL3/PM NAME RKuntz KZeleznock JAnderson HGonzález RKuntz DATE 6/11/2024 06/17/2024 8/13/2024 8/14/2024 8/14/2024