ML022840510

(Units 1, 2 &3), Withholding from Public Disclosure, Steam Generator Tube Inspection, TAC No. MB6378

ML022840510
Person / Time
Site:	Palo Verde
Issue date:	10/25/2002
From:	Donohew J NRC/NRR/DLPM/LPD4
To:	Rickard I Westinghouse
Donohew J N, NRR/DLPM,415-1307
References
TAC MB6378
Download: ML022840510 (4)

Text

October 25, 2002 Mr. Ian C. Rickard Licensing Project Manager Westinghouse Electric Company LLC Building 4 2000 Day Hill Road Windsor, CT 06095-0500

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3 -

RE: APPLICATION FOR AMENDMENT RELATED TO REQUIRED SCOPE OF STEAM GENERATOR TUBE INSPECTION (TAC NO. MB6378)

Dear Mr. Rickard:

By the letter dated September 26, 2002 (102-04844), the Arizona Public Service Company (APS) submitted information related to its request to revise Technical Specification 5.5.9, "Steam Generator (SG) Tube Surveillance Program," to clearly delineate the scope of the tube inspection required in the SG tubesheet region. Enclosures 2 and 3 to the letter contained the proprietary and non-proprietary versions, respectively, of Westinghouse WCAP-15947, "NDE Inspection Strategy For the Tubesheet Region in PVNGS Unit 1," Revision 0.

By the affidavit dated September 20, 2002, signed by you for Westinghouse Electric Company LLC (WEC), which is Enclosure 5 to APSs letter, you requested that the Nuclear Regulatory Commission (NRC) withhold the information designated proprietary information. The proprietary information is within brackets in the non-proprietary and proprietary versions of the WCAP report. The affidavit stated that the proprietary information (hereafter known as "The information") should be exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is owned and has been held in confidence by WEC.

2. The information consists of analyses or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to WEC.

3. The information is of a type customarily held in confidence by WEC and not customarily disclosed to the public.

4. The information, to the best of [your] knowledge and belief, is not available in public sources and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements that provide for maintenance of the information in confidence.

I. Rickard 5. Public disclosure of the information is likely to cause substantial harm to the competitive position of WEC because:

a. A similar product or service is provided by major competitors of WEC.

b. WEC has invested substantial funds and engineering resources in the development of this information. A competitor would have to undergo similar expense in generating equivalent information.

c. The information consists of test results and an engineering justification that support the acceptability of a proposed distance below the secondary face of the tubesheet for conducting non-destructive examinations in the Palo Verde Unit 1 steam generators, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to design their product or service to better compete with WEC, take marketing or other actions to improve their products position or impair the position of WECs product, and avoid developing similar technical analysis in support of their processes, methods or apparatus.

d. Significant research, development, engineering analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included in pricing WECs products and services. The ability of WECs competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

e. Use of the information by competitors in the international marketplace would increase their ability to market comparable products or services by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on WECs potential for obtaining or maintaining foreign licenses.

We have reviewed the information that is sought to be withheld from public disclosure in accordance with the requirements of 10 CFR 2.790, and on the basis of your statements in the affidavit. Based on our review, we have determined that the information sought to be withheld contains proprietary commercial information and should, in accordance with 10 CFR 2.790(b)(5), be withheld from public disclosure. Therefore, the information designated as proprietary, by only appearing within brackets in Enclosure 2 to the September 26, 2002, letter from APS, will be withheld from public disclosure pursuant to 10 CFR 2.790(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 information. If the need arises, we may send copies of this information to our consultants working in this area. If this is done, we will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

I. Rickard 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 of this fact. You should also 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 this information. In all review situations, if the NRC makes a determination adverse to the above determination, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, please contact me at 301-415-1307, or through the internet at jnd@nrc.gov.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: See next page

Palo Verde Generating Station, Units 1, 2, and 3 Mr. David Summers cc: Public Service Company of New Mexico 414 Silver SW, #1206 Mr. Steve Olea Albuquerque, NM 87102 Arizona Corporation Commission 1200 W. Washington Street Mr. Jarlath Curran Phoenix, AZ 85007 Southern California Edison Company 5000 Pacific Coast Hwy Bldg DIN Douglas Kent Porter San Clemente, CA 92672 Senior Counsel Southern California Edison Company Mr. Robert Henry Law Department, Generation Resources Salt River Project P.O. Box 800 6504 East Thomas Road Rosemead, CA 91770 Scottsdale, AZ 85251 Senior Resident Inspector Terry Bassham, Esq.

U.S. Nuclear Regulatory Commission General Counsel P. O. Box 40 El Paso Electric Company Buckeye, AZ 85326 123 W. Mills El Paso, TX 79901 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Mr. John Schumann Harris Tower & Pavillion Los Angeles Department of Water & Power 611 Ryan Plaza Drive, Suite 400 Southern California Public Power Authority Arlington, TX 76011-8064 P.O. Box 51111, Room 1255-C Los Angeles, CA 90051-0100 Chairman Maricopa County Board of Supervisors Brian Almon 301 W. Jefferson, 10th Floor Public Utility Commission Phoenix, AZ 85003 William B. Travis Building P. O. Box 13326 Mr. Aubrey V. Godwin, Director 1701 North Congress Avenue Arizona Radiation Regulatory Agency Austin, TX 78701-3326 4814 South 40 Street Phoenix, AZ 85040 Mr. Gregg R. Overbeck Senior Vice President, Nuclear Mr. Craig K. Seaman, Director Arizona Public Service Company Regulatory Affairs/Nuclear Assurance P. O. Box 52034 Palo Verde Nuclear Generating Station Phoenix, AZ 85072-2034 P.O. Box 52034 Phoenix, AZ 85072-2034 Mr. Hector R. Puente Vice President, Power Generation El Paso Electric Company 2702 N. Third Street, Suite 3040 Phoenix, AZ 85004 April 2002

I. Rickard 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 of this fact. You should also 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 this information. In all review situations, if the NRC makes a determination adverse to the above determination, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, please contact me at 301-415-1307, or through the internet at jnd@nrc.gov.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: See next page DISTRIBUTION PUBLIC PDIV-2 Reading RidsNrrDlpmLpdiv (WRuland)

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LLund CKhan ACCESSION NO: ML022840510 NRR-084 OFFICE PDIV-2/PM PDIV-1/LA EMCB/SC OGC PDIV-2/SC NAME JDonohew MMcAllister LLund SDembek DATE 10/17/02 10/17/02 10/18/02 10/24/02 10/25/02 DOCUMENT NAME:C:\MyFiles\Checkout\ProprietaryLetter-SGtubeInpsection-MB6378.pvngs.wpd OFFICIAL RECORD COPY