ML061010112

Westinghouse, Withholding from Public Disclosure, Request for Exemption from Provisions of 10 CFR 50.44, 10 CFR 50.46, & 10 CFR 50 Appendix K for Select Rods in Lead Test Assemblies (Ltas) with Axiomtm Clad Material & Supporting Justificati

ML061010112
Person / Time
Site:	Byron
Issue date:	05/25/2006
From:	Robert Kuntz Plant Licensing Branch III-2
To:	Gresham J Westinghouse
Mahesh Chawla, LPL3-1, 415-8371
References
TAC MC8517, TAC MC8518
Download: ML061010112 (5)

Text

May 25, 2006J. A. Gresham, ManagerRegulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC Nuclear Services

P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY LLC, REQUEST FORWITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BYRON STATION, UNITS 1 AND 2 (TAC NOS. MC8517 AND MC8518)

Dear Mr. Gresham:

By letter dated September 23, 2005, Exelon Generation Company, LLC, submitted an affidavitdated July 12, 2005, executed by you, requesting that the information contained in the followingdocument be withheld from public disclosure pursuant to Title 10 of the Code of FederalRegulations (10 CFR), Part 2, Section 2.390:Request for Exemption from the Provisions of 10 CFR 50.44, 10 CFR 50.46, and10 CFR 50 Appendix K for Select Rods in Lead Test Assemblies (LTAs) with AXIOM TM Clad Material and Supporting Justification (Proprietary), July 2005.A nonproprietary copy of this document has been placed in the Nuclear RegulatoryCommission's (NRC's) Public Document Room and added to the Agencywide DocumentsAccess and Management System Public Electronic Reading Room.The affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: (i)The information sought to be withheld from public disclosure is ownedand has been held in confidence by Westinghouse.(ii)The information is of a type customarily held in confidence byWestinghouse and not customarily disclosed to the public. (a)The information reveals the distinguishing aspects of a process (orcomponent, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.(b)It consists of supporting data, including test data, relative to a process (orcomponent, structure, tool, method, etc.), the application of which datasecures a competitive economic advantage, e.g., by optimization or improved marketability. (c)Its use by a competitor would reduce his expenditure of resources orimprove 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 of10 CFR 2.390 and, on the basis of your statements, have determined that the submittedinformation 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 frompublic 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 anddirectly 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 futuresuch 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 reviewthis 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 determinationadverse 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 301-415-3733. Sincerely,/RA/Robert F. Kuntz, Project ManagerPlant Licensing Branch 3-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. STN 50-454 and STN 50-455 cc: See next page (c)Its use by a competitor would reduce his expenditure of resources orimprove 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 of10 CFR 2.390 and, on the basis of your statements, have determined that the submittedinformation 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 frompublic 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 anddirectly 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 futuresuch 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 reviewthis 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 determinationadverse 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 301-415-8371. Sincerely,/RA/Robert F. Kuntz, Project ManagerPlant Licensing Branch 3-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. STN 50-454 and STN 50-455 cc: See next pageDISTRIBUTION

PUBLICLPL3-2 R/FRidsNrrPMRKuntzRidsNrrLADClarkeRidsNrrDorlLpl3-2RidsOgcMailCenterRidsNrrDssSpwbRidsAcrsAcnwMailCenterRidsRgn3MailCenterFOrrADAMS Accession Number:ML061010112OFFICELPL3-1/PMLPL3-2/LADSS/SPWBLPL3-2/BC NAMERKuntzDClarkeJNakoskiDCollins DATE 5/18/06 5/18/06 5/23/06 5/25/06OFFICIAL RECORD COPY Byron Station Units 1 and 2 cc:

Regional Administrator, Region IIIU.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville RoadLisle, IL 60532-4351Illinois Emergency Management Agency Division of Disaster Assistance &

Preparedness 110 East Adams Street Springfield, IL 62701-1109Document Control Desk - LicensingExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Mr. Dwain W. Alexander, Project ManagerWestinghouse Electric Company Post Office Box 355 Pittsburgh, PA 15230Joseph Gallo Gallo & Ross 1025 Connecticut Ave., NW, Suite 1014 Washington, DC 20036Howard A. LearnerEnvironmental Law and Policy Center of the Midwest 35 East Wacker Drive Suite 1300 Chicago, IL 60601-2110U.S. Nuclear Regulatory CommissionByron Resident Inspector's Office 4448 North German Church Road Byron, IL 61010-9750Ms. Lorraine CreekRR 1, Box 182 Manteno, IL 60950Chairman, Ogle County BoardPost Office Box 357 Oregon, IL 61061Mrs. Phillip B. Johnson1907 Stratford Lane Rockford, IL 61107Attorney General500 S. Second Street Springfield, IL 62706Byron Station Plant ManagerExelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794Site Vice President - ByronExelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794Senior Vice President of OperationsExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555ChairmanWill County Board of Supervisors302 North Chicago Street Will County Board CourthouseJoliet, Illinois 60434 Byron Station Units 1 and 2 cc:

Director - Licensing and Regulatory AffairsExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Regulatory Assurance Manager - ByronExelon Generation Company, LLC 4450 N. German Church Road Byron, IL 61010-9794Assistant General CounselExelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348Vice President - Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Manager Licensing - Braidwood and ByronExelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555Mr. Christopher M. Crane, President and Chief Nuclear Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555