ML13052A856

Request for Withholding Information from Public Disclosure for Peach Bottom Atomic Power Station, Unit Nos. 2 and 3

ML13052A856
Person / Time
Site:	Peach Bottom
Issue date:	03/11/2013
From:	Richard Ennis Plant Licensing Branch 1
To:	Pacilio M Exelon Nuclear
Ennis R
References
TAC ME9631, TAC ME9632
Download: ML13052A856 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 11, 2013 Mr. Michael J. Pacilio President and Chief Nuclear Officer Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PEACH BOnOM ATOMIC POWER STATION, UNIT NOS. 2 AND 3 (TAC NOS. ME9631 AND ME9632)

Dear Mr. Pacilio:

By letter to the Nuclear Regulatory Commission (NRC) dated February 15, 2013, Exelon Generation Company, LLC (Exelon) submitted two affidavits (discussed below). Exelon requested that the information contained in Attachment 9 to its letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.

Specifically, Exelon requested that the following document be withheld:

Response to Request for Supplemental Information, Issue 2, Steam Dryer Analysis A non-proprietary copy of the document (Attachment 10 to Exelon's letter) has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

Westinghouse Electric Company LLC (Westinghouse) affidavit dated February 14, 2013, executed by Mr. Bradley F. Mauer (Attachment 11 to Exelon's letter), stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(4)(ii)(a)

The information reveals the distinguishing aspects of a process (or component, 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; and (4)(ii)(c)

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 of a similar product.

M. Pacilio Exelon affidavit dated February 14, 2013, executed by Mr. Craig W. Lambert (Attachment 12 to Exelon's letter), stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

3.ii The information is of a type that is held in confidence by Exelon, and there is a rational basis for dOing so because the information contains methodology, data, and supporting information identified as "Proprietary Information;" and 3.v Public disclosure of this information could create substantial harm to Exelon's business interests because it expended considerable resources in developing and protecting the information.

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 affidavits, 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.

M. Pacilio

- 3 If you have any questions regarding this matter, I may be reached at 301-415-1420.

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:

Mr. Bradley F. Mauer Manager, ABWR Licensing Westinghouse Electric Company Nuclear Sevices 1000 Westinghouse Drive Cranberry Township, PA 16066 Mr. Craig. W. Lambert Vice President Power Uprates Exelon Nuclear 4300 Winfield Road Warrenville, IL 60555 Additional Distribution via Listserv

'.. ML13052A856 Sincerely,

/ra!

Richard B. Ennis, Senior Project Manager Plant licensing Branch 1-2 Division of Operating Reactor licensing Office of Nuclear Reactor Regulation RidsOgcMailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsRgn1 MailCenter Resource OFFICE LPL1-2/PM LPL1-2/LA LPL1-21BC NAME REnnis ABaxter MKhanna DATE 2/22/13 3n/13 3/1111