DCL-10-114, Submittal of Topical Report, Process Protection System Replacement Diversity & Defense-in-Depth Assessment, Revision 1
| ML102580726 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/09/2010 |
| From: | Becker J Pacific Gas & Electric Co |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| DCL-10-114, OL-DPR-80, OL-DPR-82 | |
| Download: ML102580726 (6) | |
Text
Enclosure 1 Contains Proprietary Information Withhold From Public Disclosure Under 10 CFR 2.390 Pacific Gas and Electric Company" James R. Becker Site Vice President Diablo Canyon Power Plant Mail Code 104/5/601 P 0. Box 56 Avila Beach, CA 93424 805.545.3462 Internal: 691.3462 Fax: 805.545.6445 September 9, 2010 PG&E Letter DCL-10-114 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 Diablo Canyon Units 1 and 2 Docket No. 50-275, OL-DPR-80 Docket No. 50-323, OL-DPR-82 Submittal of Diablo Canyon Power Plant Topical Report, Process Protection System Replacement Diversity & Defense-in-Depth Assessment, Revision 1
References:
- 1. NRC Standard Review Plan Branch Technical Position 7-19, "Guidance for Evaluation of Diversity and Defense-in-Depth In Digital Computer-Based Instrumentation and Control System,"
Revision 5, dated March 2007.
- 2. PG&E Letter DCL-10-030, "Review of Diablo Canyon Topical Report, Process Protection System Replacement Diversity &
Defense-in-Depth Assessment," dated April 9, 2010.
- 3. PG&E Letter DCL-1 0-099, "Response to NRC Request for Additional Information Regarding Diablo Canyon Topical Report, "Process Protection System Replacement Diversity & Defense-in-Depth Assessment," dated August 26, 2010.
Dear Commissioners and Staff:
Pursuant to Reference 1, Pacific Gas and Electric Company (PG&E) requested in Reference 2 approval of the Diablo Canyon Power Plant (DCPP) Topical Report, "Process Protection System Replacement Diversity & Defense-in-Depth Assessment," Revision 0. PG&E responded to a July 12, 2010, NRC staff request for additional information in Reference 3.
Enclosed is DCPP Topical Report, "Process Protection System Replacement Diversity & Defense-in-Depth Assessment," Revision 1, which includes changes resulting from the Reference 3 response to July 12, 2010, NRC staff request for additional information. The enclosed Topical Report supersedes the Topical Report submitted in Reference 2.
A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Callaway - Comanche Peak
- Diablo Canyon
- Palo Verde.
San Onofre
- South Texas Project
- Wolf Creek Contains Proprietary Information Withhold From Public Disclosure Under 10 CFR 2.390 Contains Proprietary Information Withhold From Public Disclosure Under 10 CFR 2.390 Document Control Desk PG&E Letter DCL-10-114 September 9, 2010 Page 2 The Topical Report, "Process Protection System Replacement Diversity & Defense-in-Depth Assessment," Revision 1, contained in Enclosure 1 contains information proprietary to PG&E. Accordingly, Enclosure 2 includes an affidavit signed by PG&E, the owner of the proprietary information. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission, and it addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR 2.390 of the Commission's regulations. PG&E requests that the PG&E proprietary information be withheld from public disclosure in accordance with 10 CFR 2.390. A nonproprietary version of the Topical Report, "Process Protection System Replacement Diversity & Defense-in-DepthAssessment," Revision 1, is contained in Enclosure 3.
Correspondence with respect to the proprietary aspects of the application for withholding related to the PG&E proprietary information or the PG&E affidavit provided in Enclosure 2 should reference PG&E Letter DCL-10-1 14 and be addressed to James R. Becker, Vice President, Pacific Gas and Electric Company, Diablo Canyon Power Plant, P. 0. Box 56, Avila Beach, California 93424.
The enclosed Topical Report is associated with the future License Amendment Request for the digital upgrade of the DCPP Eagle 21TM reactor trip system and engineered safety feature actuation system and presents advanced technologies that enhance safety.
In Reference 2, PG&E requested approval of the Topical Report "Process Protection System Replacement Diversity & Defense-in-Depth Assessment," Revision 0, by September 1, 2010. In order to provide the staff sufficient time to review the changes, PG&E requests approval of the enclosed Topical Report no later than October 29, 2010.
PG&E makes no regulatory commitments (as defined by NEI 99-04) in this letter.
This letter includes no revisions to existing regulatory commitments.
If you have any questions or require additional information, please contact Mr. Tom Baldwin at 805-545-4720.
A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Callaway
- Comanche Peak - DiabloCanyon - PaloVerde.
San Onofre
- South Texas Project
- Wolf Creek Contains Proprietary Information Withhold From Public Disclosure Under 10 CFR 2.390 Contains Proprietary Information Withhold From Public Disclosure Under 10 CFR 2.390 Document Control Desk September 9, 2010 Page 3 PG&E Letter DCL-10-114 kjse/4328 SAPN 50271918
Enclosures:
cc:
Gordon Clefton, Senior Project Manager, Nuclear Energy Institute Diablo Distribution cc/enc:
Alan B. Wang, Project Manager, Office of Nuclear Reactor Regulation Elmo E. Collins, NRC Region IV Bill Kemper, NRC, Chief, Instrumentation and Controls Engineering Branch Michael S. Peck, NRC, Senior Resident Inspector A member of the STARS (Strategic Teaming and Resource Sharing) Alliance Callaway
- Comanche Peak
- Diablo Canyon - Palo Verde.
San Onofre
- South Texas Project
- Wolf Creek Enclosure I Contains Proprietary Information Withhold From Public Disclosure Under 10 CFR 2.390 PG&E Letter DCL-10-114 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
)
Docket No. 50-275 In the Matter of
) 'Facility Operating License PACIFIC GAS-AND ELECTRIC COMPANY)
No. DPR-80
)
Diablo Canyon Power Plant
)
Docket No. 50-323 Units 1 and 2
)
Facility Operating License
)
No. DPR-82 AFFIDAVIT James R. Becker, of lawful age, first being duly sworn upon oath states as follows:
(1)
I am Site Vice President,, of Pacific Gas and Electric Company (PG&E), and as such, I have been specifically delegated the function of reviewing the confidential information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of PG&E.
(2)
I am making this affidavit in conformance with the provisions of 10 CFR 2.390 of the Commission's regulations and in conjunction with the PG&E application for withholding accompanying this affidavit.
(3)
I have personal knowledge'of the criteria utilized by PG&E in designating information as confidential.
(4)
Pursuant to the provisions of paragraph (b)(4) of 10 CFR 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
In order to conform to the requirements of 10 CFR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the nonproprietary versions, only the brackets remain. The information so designated'as proprietary is indicated in both versions by means of a lower case letter "a" located as a superscript immediately following the brackets. This lower case letter refers to the types of information PG&E customarily holds in confidence identified in this affidavit pursuant to 10 CFR,2.390(b)(1).
1 PG&E Letter DCL-10-114 (i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by PG&E.
(ii)
The information is of a type customarily held in confidence by PG&E and not customarily disclosed to the public. PG&E has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes PG&E policy and provides the rational basis required.
Under that system, information is held in confidence if the unauthorized disclosure, modification, or destruction.of this information would adversely impact PG&E or could subject it to legal action and penalties. Generally, this information is intended for use only within PG&E and access to it is restricted to authorized individuals and entities. This information is considered confidential because it falls into one the following types:
(a)
Proprietary information is information in which PG&E has property rights which can be protected via a patent, a copyright, or other legal action as in the case of trade secrets.
(b)
A trade secret is information that: (1) derives independent economic value, whether actual or potential, from being unknown to the public in general or to persons who can obtain economic value from its disclosure or use, and (2) is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
Examples include formulas and processes, designs, plans, and strategies, computer software and databases, methods and expertise that produce a desired result in a manner unknown to others in the trade ("know-how"), operational information, customer lists, and market information.
(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 2.390, it is to be received in confidence by the Commission.
(iv)
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
(v)
The confidential information sought to be withheld in this submittal is that which is marked by lower case letter "a" in Topical Report, "Process Protection System Replacement Diversity & Defense-in-Depth Assessment," Revision 1, August, 2010.
2 PG&E Letter DCL-10-114 This information addresses matters which will enable PG&E to license a digital upgrade of the reactor trip system and engineered safety features actuation system.
Further, this information has substantial commercial value. It consists of technical design details that support a robust design for a digital upgrade of the reactor trip system and engineered safety features actuation system. Use of the technical design details by a competitor would reduce their expenditure of resources in licensing a similar digital upgrade to the reactor trip system and engineered safety features actuation system.
Public disclosure of this confidential information is likely to cause substantial harm to the competitive position of PG&E because it would enable others to use the information to meet NRC requirements for licensing documentation for digital upgrades without purchasing the right to use the information.
The'development of the design details for the digital upgrade of the reactor trip system and engineered safety features actuation system is the result of applying the results of many years of experience in an intensive PG&E effort and the expenditure of a considerable sum of money.
In order for competitors of PG&E to duplicate this information, similar technical design details would have to be developed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
I state under penalty of perjury that the foregoing is true and correct.
Executed on September 9, 2010.
Sinc rely, James ecker Site Vice President Affidavit on behalf of Pacific Gas and Electric Company.
Affidavit consists of 3 pages total.
3