ML25062A062

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Request for Withholding Information from Public Disclosure
ML25062A062
Person / Time
Site: Byron, Braidwood  Constellation icon.png
Issue date: 03/05/2025
From: Scott Wall
Plant Licensing Branch III
To: Rhoades D
Constellation Energy Generation
References
EPID L-2023-LLA-0136
Download: ML25062A062 (1)


Text

March 5, 2025 David P. Rhoades Senior Vice President Constellation Energy Generation, LLC President and Chief Nuclear Officer Constellation Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

BRAIDWOOD STATION, UNITS 1 AND 2, AND BYRON STATION, UNIT NOS. 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2023-LLA-0136)

Dear David Rhoades:

By letter dated October 23, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24297A657), you submitted an affidavit dated October 23, 2024, executed by Rebecca L. Steinman, Senior Manager, Licensing for Constellation Energy Generation, LLC (CEG), an affidavit dated October 22, 2024, executed by Kimberly Manzione, Director of Licensing for Holtec International (Holtec), and an affidavit dated October 23, 2024, executed by Zachary Harper, Consulting Engineer, Licensing, for Westinghouse Electric Company LLC (Westinghouse), 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:

1 to CEG letter RS-24-098 dated October 23, 2024, with subject Supplement to License Amendment Request to Revise Technical Specifications 3.7.15, Spent Fuel Pool Boron Concentration, 3.7.16, Spent Fuel Assembly Storage, 4.3.1 Fuel Storage, Criticality The affidavit dated October 23, 2024, executed by Rebecca L. Steinman, Senior Manager, Licensing for CEG, also request that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

2 to CEG letter RS-24-098 dated October 23, 2024, with subject Supplement to License Amendment Request to Revise Technical Specifications 3.7.15, Spent Fuel Pool Boron Concentration, 3.7.16, Spent Fuel Assembly Storage, 4.3.1 Fuel Storage, Criticality A nonproprietary copy of both documents has been placed in the U. S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS under Accession No. ML24297A657.

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

a. The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for CEG.
b. The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for CEG in product optimization or marketability.
c. The information is vital to a competitive advantage held by CEG, would be helpful to competitors to CEG, and would likely cause substantial harm to the competitive position of CEG.

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

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtecs competitors without license from Holtec International constitutes a competitive economic advantage over other companies.
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.

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

a. The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
b. Its use 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 a similar product.

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 documents. If the need arises, we may send copies of this

information to our consultants working in this area. We will 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 301-415-2855.

Sincerely,

/RA/

Scott P. Wall, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456, STN 50-457, STN 50-454, and STN 50-455 cc: Listserv Rebecca L. Steinman, Senior Manager, Licensing Constellation Energy Generation, LLC 4300 Winfield Road Warrenville, IL 60555 Kimberly Manzione, Director, Licensing Holtec International One Holtec Boulevard Camden, NJ 08104 Zachary Harper, Consulting Engineer, Licensing Westinghouse Electric Company LLC 1000 Westinghouse Drive Cranberry Township, PA 16066

ML25062A062 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DORL/LPL3/BC (A)

NAME SWall SRohrer IBerrios DATE 02/28/2025 03/04/2025 03/04/2025 OFFICE NRR/DORL/LPL3/PM NAME SWall DATE 03/05/2025