ML031260284

Request for Withholding Information from Public Disclosure, Request for Relief from NRC Order EA-03-009 on Interim Requirements for Reactor Vessel Head Inspections

ML031260284
Person / Time
Site:	Palo Verde
Issue date:	05/06/2003
From:	Donohew J NRC/NRR/DLPM/LPD4
To:	Rickard I Westinghouse
Donohew J N, NRR/DLPM,415-1307
References
EA-03-009, TAC MB7855
Download: ML031260284 (5)

Text

May 6, 2003 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, UNIT 3 -

RE: REQUEST FOR RELIEF FROM NRC ORDER EA-03-009 ON INTERIM REQUIREMENTS FOR REACTOR VESSEL HEAD INSPECTIONS (TAC NO. MB7855)

Dear Mr. Rickard:

By the letter dated April 2, 2003 (102-04916), the Arizona Public Service Company (APS) submitted information related to its request for relief from NRC Order EA-03-009, issued on February 11, 2003, that established interim inspection requirements for reactor pressure vessel heads. Attachments 1 and 2 to the letter contained the proprietary and non-proprietary versions, respectively, of Palo Verde-3 Reactor Head Penetrations [Hoop] Stress Distribution

[Plots], Figures 1 through 9, dated March 25, 2003.

By the affidavit dated March 25, 2003, signed by you for Westinghouse Electric Company LLC (WEC), which is Attachment 3 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.

Ian C. 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 an evaluation of penetration stress distributions in the reactor vessel head at Palo Verde Unit 3, the application of which provides WEC 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, 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.

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 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

Ian C. Rickard 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 No. STN 50-530 cc: See next page

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Palo Verde Generating Station, Units 1, 2, and 3 cc:

Mr. Steve Olea Arizona Corporation Commission 1200 W. Washington Street Phoenix, AZ 85007 Douglas Kent Porter Senior Counsel Southern California Edison Company Law Department, Generation Resources P.O. Box 800 Rosemead, CA 91770 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 40 Buckeye, AZ 85326 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Chairman Maricopa County Board of Supervisors 301 W. Jefferson, 10th Floor Phoenix, AZ 85003 Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, AZ 85040 Mr. Craig K. Seaman, Director Regulatory Affairs/Nuclear Assurance Palo Verde Nuclear Generating Station 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 Mr. John Taylor Public Service Company of New Mexico 2401 Aztec NE, MS Z110 Albuquerque, NM 87107-4224 Mr. Jarlath Curran Southern California Edison Company 5000 Pacific Coast Highway Building DIN San Clemente, CA 92672 Mr. Robert Henry Salt River Project 6504 East Thomas Road Scottsdale, AZ 85251 Terry Bassham, Esq.

General Counsel El Paso Electric Company 123 W. Mills El Paso, TX 79901 Mr. John Schumann Los Angeles Department of Water & Power Southern California Public Power Authority P.O. Box 51111, Room 1255-C Los Angeles, CA 90051-0100 Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Mr. Gregg R. Overbeck Senior Vice President, Nuclear Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034