ML020980082

Ltr to L. Womack, Diablo Canyon Power Plant, Public Disclosure Determination

ML020980082
Person / Time
Site:	Diablo Canyon
Issue date:	04/05/2002
From:	Brach E NRC/NMSS/SFPO
To:	Womack L Pacific Gas & Electric Co
References
+sispmjr200505, -RFPFR, TAC L23399
Download: ML020980082 (3)

Text

April 5, 2002 Mr. Lawrence F. Womack Vice President, Nuclear Services Diablo Canyon Power Plant P.O. Box 56 Avila Beach, CA 93424

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION

Dear Mr. Womack:

By letter dated December 21, 2001, you submitted an application requesting a site specific license for an Independent Spent Fuel Storage Installation at the Diablo Canyon Power Plant.

In support of the application you provided a proprietary version of ten Holtec Internationals calculation report Nos. HI-2012626 Revision 7, HI-2012634 Revision 1, HI-2002563 Revision 4, HI-2002513 Revison 4, HI-2012618 Revision 5, HI-2012768 Revision 2, HI-2002497 Revision 1, HI-2002512 Revision 2, HI-2002559 Revision 1, and HI-2012615 Revision 0. Also included in your application was an affidavit signed by Holtec International. The December 21, 2001, letter contained an affidavit executed by Brian Gutherman of Holtec International, dated December 12, 2001, requesting that Holtec International reports listed above, containing business sensitive information, be withheld from public disclosure pursuant to 10 CFR 2.790.

Also attached to the December 21, 2001, letter were non-proprietary versions of the reports which will be available electronically for public inspection in the U. S. Nuclear Regulatory Commissions (NRC) Public Document Room or from the Publicly Available Records (PARS) component of the NRCs Agencywide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/ADAMS.html.

The affidavit signed by Brian Gutherman stated that the reports should be withheld from public disclosure for the following reasons:

(1) The information sought to be withheld from public disclosure consists of detailed calculations which is owned and has been held in confidence by Holtec International.

(2) The information is of a type customarily held in confidence by Holtec International and not customarily disclosed to the public.

(3) The information is being transmitted to the NRC in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence.

(4) The information, to the best of Holtec Internationals knowledge, is not available in public sources.

(5) Public disclosure of this information is likely to cause substantial harm to Holtec Internationals competitive position because it would provide competitors with valuable information, not otherwise available, about Holtec Internationals designs to allow a competitor to compete unfairly against Holtec International.

L. Womack On the basis of your submittal, our review of your submittal and Holtec Internationals affidavit, and in light of the requirements of 10 CFR 2.790, we have determined that the Holtec International calculation report Nos. HI-2012626 Revision 7, HI-2012634 Revison 1, HI-2002563 Revision 4, HI-2002513 Revison 4, HI-2012618 Revision 5, HI-2012768 Revision 2, HI-2002497 Revision 1, HI-2002512 Revision 2, HI-2002559 Revision 1, and HI-2012615 Revision 0, and designated as containing proprietary material should be withheld from public disclosure pursuant to 10 CFR 2.790. It is the policy of NRC to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing and rulemaking actions.

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 disclosure should change in the future, such that the information could then be made available for public inspection, you should promptly notify NRC. Please be advised that 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 withheld information. In all review situations, if NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

/RA/

E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No. 72-26 (50-275, -323)

TAC No. L23399

L. Womack April 5, 2002 On the basis of your submittal, our review of your submittal and Holtec Internationals affidavit, and in light of the requirements of 10 CFR 2.790, we have determined that the Holtec International calculation report Nos. HI-2012626 Revision 7, HI-2012634 Revison 1, HI-2002563 Revision 4, HI-2002513 Revison 4, HI-2012618 Revision 5, HI-2012768 Revision 2, HI-2002497 Revision 1, HI-2002512 Revision 2, HI-2002559 Revision 1, and HI-2012615 Revision 0, and designated as containing proprietary material should be withheld from public disclosure pursuant to 10 CFR 2.790. It is the policy of NRC to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing and rulemaking actions.

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 disclosure should change in the future, such that the information could then be made available for public inspection, you should promptly notify NRC. Please be advised that 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 withheld information. In all review situations, if NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

/RA/

E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No. 72-26 (50-275, -323)

TAC No. L23399 Distribution:

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