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 Limerick Generating Station Exelon Generation Company, LLC P.O. Box 2300 Sanatoga, PA 19464 Plant Manager Limerick Generating Station Exelon Generation Company, LLC P.O. Box 2300 Sanatoga, PA 19464 Regulatory Assurance Manager - Limerick Exelon Generation Company, LLC P.O. Box 2300 Sanatoga, PA 19464 Senior Vice President - Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President - Operations, Mid-Atlantic Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Vice President Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Director Licensing and Regulatory Affairs Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348 Manager Licensing Limerick Generating Station Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348 Associate General Counsel Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Correspondence Control Desk Exelon Generation Company, LLC P.O. Box 160 Kennett Square, PA 19348 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Senior Resident Inspector U.S. Nuclear Regulatory Commission Limerick Generating Station P.O. Box 596 Pottstown, PA 19464 Library U.S. Nuclear Regulatory Commission Region I 475 Allendale Road King of Prussia, PA 19406 Chief-Division of Nuclear Safety PA Dept. of Environmental Resources P.O. Box 8469 Harrisburg, PA 17105-8469 Chairman Board of Supervisors of Limerick Township 646 West Ridge Pike Linfield, PA 19468 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803
Oyster Creek Nuclear Generating Station cc.
Chief Operating Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Vice President - Nuclear Services AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Site Vice President - Oyster Creek Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Vice President - Mid-Atlantic Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 John E. Matthews, Esquire Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Kent Tosch, Chief New Jersey Department of Environmental Protection Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President - Operations Support AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mayor of Lacey Township 818 West Lacey Road Forked River, NJ 08731 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348 Manager Licensing - Oyster Creek Exelon Generation Company, LLC 200 Exelon Way, KSA 3-E Kennett Square, PA 19348 Oyster Creek Generating Station Plant Manager AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Regulatory Assurance Manager Oyster Creek AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Vice President, General Counsel and Secretary AmerGen Energy Company, LLC 2301 Market Street, S23-1 Philadelphia, PA 19101 Pete Eselgroth, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Correspondence Control Desk AmerGen Energy Company, LLC P.O. Box 160 Kennett Square, PA 19348