ML032901205
| ML032901205 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 10/15/2003 |
| From: | Donohew J NRC/NRR/DLPM/LPD4 |
| To: | Sepp H Westinghouse |
| Donohew J N, NRR/DLPM,415-1307 | |
| References | |
| TAC MB6726, TAC MB6727, TAC MB6728 | |
| Download: ML032901205 (6) | |
Text
October 15, 2003 Mr. H. A. Sepp Manager of Regulatory and Licensing Engineering Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355
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. Sepp:
By letter to the U. S. Nuclear Regulatory Commission (NRC), dated September 18, 2003 (102-04995), Arizona Public Service Company (APS) submitted the response to a request for a number of documents involved in the upgrade of the core protection calculator system for Palo Verde Nuclear Generating Station, Units 1, 2, and 3. Attachment 4 through 10 to that letter are proprietary versions of the following Westinghouse Electric Company (WEC) reports:
1.
00000-ICE-30158, Revision 7, "System Requirements Specifications for the Common Q Core Protection Calculator System," dated June 2003.
2.
00000-ICE-30164, Revision 2, "Hardware Design Description for the Common Q Core Protection Calculator System," dated June 2003.
3.
14273-ICE-36363, Revision 2, "PVNGS Core Protection Calculator (CPC) System Input Processing Uncertainty Calculation," dated July 2003.
4.
00000-ICE-35249, Revision 3, "Test Plan for the Common Q Core Protection Calculator System, " dated June 2003.
5.
00000-ICE-36369, Revision 1, "CPC Timing Analysis for the Common Q Core Protection Calculator System," dated June 2003.
6.
14273-ICE-37731, Revision 0, "Software Preliminary Hazard Analysis for the Palo Verde Nuclear Generating Station Core Protection Calculator System," dated February 2002.
7.
00000-ICE-36374, Revision 1, "CPC Availability Analysis for the Common Q Core Protection Calculator System," dated September 2003.
Because these documents are internal WEC design reports, and not topical reports based on such design reports, and never intended to be submitted to NRC, WEC has declared each report in its entirety is proprietary and requested that each report be withheld from the public in accordance with Section 2.790 of Title 10 of the Code of Federal Regulations. Based on this, there are no non-proprietary versions of the above reports in the NRCs Public Document Room and these reports have not been added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
H. A. Sepp By the affidavit dated September 4, 2003, executed by H. A. Sepp, Manager, Regulatory and Licensing Engineering, for WEC, which is Attachment 3 to APSs letter dated September 18, 2003, the NRC was requested to withhold the information in the above seven reports because the reports, in their entirety, have been designated as proprietary information. 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.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.) the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
and (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 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. The only part of the reports that are not marked with the proprietary a, b, or c designation above, are the title page, record of revision, table of contents, introduction, list of acronyms, and references. Based on its review of each report, the NRC staff concluded that there is no value to the public for having WEC create non-proprietary versions of these design documents that normally are not submitted to the NRC. Therefore, the submitted information 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.
H. A. Sepp 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 staff of this fact. You should also understand that the NRC staff 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 staff 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
ML0329012205 NRR-084 OFFICE PDIV-2/PM PDIV-1/LA EEIB/SC OGC PDIV-2/SC NAME JDonohew:sab MMcAllister EMarinos MBupp RGramm for SDembek DATE 10/7/03 10/6/03 10/7/03 10/14/03 10/14/03
July 2003 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 Ms. Cheryl Adams Southern California Edison Company 5000 Pacific Coast Hwy Bldg 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