ML031681309

Request for Withholding Information from Public Disclosure, Core Protection Calculator Upgrade Amendment Request

ML031681309
Person / Time
Site:	Palo Verde
Issue date:	06/17/2003
From:	Donohew J NRC/NRR/DLPM/LPD4
To:	Rickard I Westinghouse
Donohew J, NRR/DLPM 415-1307
References
TAC MB6726, TAC MB6727, TAC MB6728
Download: ML031681309 (5)

Text

June 17, 2003 Mr. Ian C. Rickard Licensing Project Manager Westinghouse Electric Company LLC Building 4, 2000 Day Hill Road Windsor, CT 06095-0500

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3 -

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR CORE PROTECTION CALCULATOR UPGRADE AMENDMENT REQUEST (TAC NOS. MB6726, MB6727, AND MB6728)

Dear Mr. Rickard:

By letter dated April 25, 2003, Arizona Public Service Company (APS) submitted the response to a request for additional information involving the human factors involved in the upgrade of the core protection calculator system for Palo Verde Nuclear Generating Station, Units 1, 2, and 3. Attachment 1 and 2 to that letter contained the proprietary and non-proprietary versions of the following Westinghouse Electric Company (WEC) topical report: WCAP-16076, "Requirements Phase Human Factors Review of the Common Q Phase 3 Core Protection Calculator System Project," Revision 0, dated March 2003. A copy of each non-proprietary report has been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

By the affidavit dated March 28, 2003, executed by H. A. Sepp, Manager, Regulatory and Licensing Engineering, for WEC, which is Attachment 3 to APSs letter dated April 25, 2003, the NRC was requested to withhold the information designated as proprietary information. The proprietary information is within brackets in the non-proprietary and proprietary versions of the reports. The affidavit stated that the proprietary information (hereafter known as "The information") should be exempt from mandatory public disclosure for the following reasons (taken verbatim from the affidavit):

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse ...

the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic disadvantage over other companies.

and

Ian C. Rickard (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

We have reviewed your application and the information sought to be withheld from public disclosure in accordance with the requirements of Title 10 of the Code of Federal Regulations (10 CFR) Section 10 CFR 2.790, and, on the basis of your statements in the affidavit, 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 version of the submitted information marked 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 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

ML031681309 NRR-084 OFFICE PDIV-2/PM PDIV-1/LA IEHB/SC OGC PDIV-2/SC NAME JDonohew MMcAllister DTrimble* RBaum

• SDembek DATE 6/9/03 6/9/03 05/28/2003 06/06/2003 6/16/03 DOCUMENT NAME: G:\PDIV-2\PaloVerde\Proprietary Letter Response-CPC upgrade.pvngs.wpd Palo Verde Generating Station, Units 1, 2, and 3 cc:

Mr. Steve Olea Mr. John Taylor Arizona Corporation Commission Public Service Company of New Mexico 1200 W. Washington Street 2401 Aztec NE, MS Z110 Phoenix, AZ 85007 Albuquerque, NM 87107-4224 Douglas Kent Porter Mr. Jarlath Curran Senior Counsel Southern California Edison Company Southern California Edison Company 5000 Pacific Coast Highway Building DIN Law Department, Generation Resources San Clemente, CA 92672 P.O. Box 800 Rosemead, CA 91770 Mr. Robert Henry Salt River Project Senior Resident Inspector 6504 East Thomas Road U.S. Nuclear Regulatory Commission Scottsdale, AZ 85251 P.O. Box 40 Buckeye, AZ 85326 Terry Bassham, Esq.

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