ML050680510
| ML050680510 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek, Limerick |
| Issue date: | 03/18/2005 |
| From: | Tam P NRC/NRR/DLPM/LPD1 |
| To: | Crane C AmerGen Energy Co |
| Tam P NRR/415-1451 | |
| References | |
| Download: ML050680510 (6) | |
Text
March 18, 2005 Mr. Christopher M. Crane President and Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
LIMERICK GENERATING STATION, UNITS 1 AND 2, AND OYSTER CREEK NUCLEAR GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Crane:
By letter and affidavit by Mr. Keith R. Jury, Director of Licensing and Regulatory Affairs, dated February 25, 2005, Exelon Nuclear and AmerGen Energy Company, LLC (Exelon/AmerGen),
requested that the plant-specific information to support revision of the risk-informed notebooks used to support the Significant Determination Process and contained in compact discs (CDs) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The affidavit stated that the information contained in the CDs should be considered exempt from mandatory public disclosure for the following reasons:
(i) This information is and has been held in confidence by Exelon/AmerGen; (ii) This information is being transmitted voluntarily to the NRC in confidence.
(Iii) This information is not available in public sources and could not be gathered readily from other publicly available information; and (iv) Public disclosure of this information would create substantial harm to the competitive position of Exelon/AmerGen by disclosing information to parties whose commercial interests may be adverse to those of Exelon/AmerGen.
We have reviewed Exelon/AmerGens application and the material in accordance with the requirements of 10 CFR 9.17(a)(4) and 2.390(a)(4), and on the basis of Exelon/AmerGens statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the CDs, which are marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 9.17(a)(4) and 2.390(a)(4), and Section 103(b) of the Atomic Energy Act of 1954, as amended.
C. Crane 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 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-219, 50-352 and 50-353 cc: See next page
C. Crane 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 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-219, 50-352 and 50-353 cc: See next page DISTRIBUTION:
PUBLIC S. Little G. Matakas, RGI PDI-1 Reading File R. Laufer P. Tam OGC C. Holden T. Tate M. OBrien Accession Number: ML050680510 OFFICE PDI-1\PM PDI-1\LA SPSB/SC PDI-2\PM PDI-1/SC NAME PTam SLittle MReinhart TTate RLaufer DATE 3/15/05 3/14/05 3/ 16 / 05 3/17/05 3/17/05 OFFICIAL RECORD COPY
Limerick Generating Station, Unit Nos. 1 and 2 cc:
Site Vice President Associate General Counsel Limerick Generating Station Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road P.O. Box 2300 Warrenville, IL 60555 Sanatoga, PA 19464 Correspondence Control Desk Plant Manager Exelon Generation Company, LLC Limerick Generating Station P.O. Box 160 Exelon Generation Company, LLC Kennett Square, PA 19348 P.O. Box 2300 Sanatoga, PA 19464 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Regulatory Assurance Manager - Limerick 475 Allendale Road Exelon Generation Company, LLC King of Prussia, PA 19406 P.O. Box 2300 Sanatoga, PA 19464 Senior Resident Inspector U.S. Nuclear Regulatory Commission Senior Vice President - Nuclear Services Limerick Generating Station Exelon Generation Company, LLC P.O. Box 596 4300 Winfield Road Pottstown, PA 19464 Warrenville, IL 60555 Library Vice President - Operations, Mid-Atlantic U.S. Nuclear Regulatory Commission Exelon Generation Company, LLC Region I 200 Exelon Way, KSA 3-N 475 Allendale Road Kennett Square, PA 19348 King of Prussia, PA 19406 Vice President Chief-Division of Nuclear Safety Licensing and Regulatory Affairs PA Dept. of Environmental Resources Exelon Generation Company, LLC P.O. Box 8469 4300 Winfield Road Harrisburg, PA 17105-8469 Warrenville, IL 60555 Chairman Director Board of Supervisors of Limerick Township Licensing and Regulatory Affairs 646 West Ridge Pike Exelon Generation Company, LLC Linfield, PA 19468 200 Exelon Way, KSA 3-E Kennett Square, PA 19348 Dr. Judith Johnsrud National Energy Committee Manager Licensing Sierra Club Limerick Generating Station 433 Orlando Avenue Exelon Generation Company, LLC State College, PA 16803 200 Exelon Way, KSA 3-E Kennett Square, PA 19348
Oyster Creek Nuclear Generating Station cc.
Chief Operating Officer Mayor of Lacey Township AmerGen Energy Company, LLC 818 West Lacey Road 4300 Winfield Road Forked River, NJ 08731 Warrenville, IL 60555 Senior Resident Inspector Senior Vice President - Nuclear Services U.S. Nuclear Regulatory Commission AmerGen Energy Company, LLC P.O. Box 445 4300 Winfield Road Forked River, NJ 08731 Warrenville, IL 60555 Director - Licensing and Regulatory Affairs Site Vice President - Oyster Creek AmerGen Energy Company, LLC Generating Station 200 Exelon Way, KSA 3-E AmerGen Energy Company, LLC Kennett Square, PA 19348 P.O. Box 388 Forked River, NJ 08731 Manager Licensing - Oyster Creek Exelon Generation Company, LLC Vice President - Mid-Atlantic 200 Exelon Way, KSA 3-E Operations Kennett Square, PA 19348 AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Oyster Creek Generating Station Plant Kennett Square, PA 19348 Manager AmerGen Energy Company, LLC John E. Matthews, Esquire P.O. Box 388 Morgan, Lewis, & Bockius LLP Forked River, NJ 08731 1111 Pennsylvania Avenue, NW Washington, DC 20004 Regulatory Assurance Manager Oyster Creek Kent Tosch, Chief AmerGen Energy Company, LLC New Jersey Department of P.O. Box 388 Environmental Protection Forked River, NJ 08731 Bureau of Nuclear Engineering CN 415 Vice President, General Counsel and Trenton, NJ 08625 Secretary AmerGen Energy Company, LLC Vice President - Licensing and 2301 Market Street, S23-1 Regulatory Affairs Philadelphia, PA 19101 AmerGen Energy Company, LLC 4300 Winfield Road Pete Eselgroth, Region I Warrenville, IL 60555 U.S. Nuclear Regulatory Commission 475 Allendale Road Vice President - Operations Support King of Prussia, PA 19406-1415 AmerGen Energy Company, LLC 4300 Winfield Road Correspondence Control Desk Warrenville, IL 60555 AmerGen Energy Company, LLC P.O. Box 160 Regional Administrator, Region I Kennett Square, PA 19348 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415