ML041170285

Diablo Canyon, Request for Withholding Information from Public Disclosure (CAW-03-1747)

ML041170285
Person / Time
Site:	Diablo Canyon
Issue date:	04/26/2004
From:	Donohew J NRC/NRR/DLPM/LPD4
To:	Gresham J Westinghouse
Donohew J N, NRR/DLPM,415-1307
References
TAC MC2024, TAC MC2025
Download: ML041170285 (4)

Text

April 26, 2004 Mr. James A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-03-1747) (TAC NOS. MC2024 AND MC2025)

Dear Mr. Gresham:

By letter dated February 13, 2004, Pacific Gas and Electric Company, the licensee for the Diablo Canyon Power Plant, Unit Nos. 1 and 2, submitted an affidavit dated December 4, 2003, executed by J. S. Galembush, Acting Manager, Regulatory Compliance and Plant Licensing, requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

Topical Report Applicability Determination This document is part of Pacific Gas and Electric Companys application for amendment for the Diablo Canyon Power Plant, Unit Nos. 1 and 2 to revise their technical specifications to adopt completion time, test bypass time, and surveillance frequency changes that have approved by the Nuclear Regulatory Commission (NRC) in WCAP-14333-P-A, Revision 1, "Probabilistic Risk Analysis of the RPS and ESFAS Test Times and Completion Times," October 1998 and WCAP-15376-P-A, Revision 1, "Risk-Informed Assessment of the RTS and ESFAS Surveillance Test Intervals and Reactor Trip Breaker Test and Completion Times," March 2003.

A nonproprietary copy of the document has been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(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 and not customarily disclosed to the public.

(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 advantage over other companies.

J. Gresham (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.

On February 13, 2004, certain revisions of the NRCs regulations went into effect that renumbered 10 CFR 2.790 as 10 CFR 2.390. We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the information in the document entitled "Topical Report Applicability Determination,"

marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(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 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 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 also should 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 your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at (301) 415-1307.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: See next page

J. Gresham April 26, 2004 (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.

On February 13, 2004, certain revisions of the NRCs regulations went into effect that renumbered 10 CFR 2.790 as 10 CFR 2.390. We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the information in the document entitled "Topical Report Applicability Determination,"

marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(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 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 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 also should 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 your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at (301) 415-1307.

Sincerely,

/RA/

Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 DISTRIBUTION:

PUBLIC cc: See next page PDIV-2 Reading RidsNrrDlpmLpdiv (HBerkow)

RidsNrrPMJDonohew RidsNrrPMGShukla RidsNrrLAEPeyton RidsOgcRp EMarinos BJones, Region IV ADAMS ACCESSION NO.: ML041170285 NRR-084 OFFICE PDIV-2/PM PDIV-2/LA EEIB PDIV-2/SC NAME JDonohew EPeyton:esp EMarinos SDembek DATE 4/23/04 4/22/04 4/26/04 4/26/04 DOCUMENT NAME: C:\ORPCheckout\FileNET\ML041170285.wpd OFFICIAL RECORD COPY

Diablo Canyon Power Plant, Units 1 and 2 cc:

NRC Resident Inspector Richard F. Locke, Esq.

Diablo Canyon Power Plant Pacific Gas & Electric Company c/o U.S. Nuclear Regulatory Commission P.O. Box 7442 P.O. Box 369 San Francisco, CA 94120 Avila Beach, CA 93424 Mr. David H. Oatley, Vice President Sierra Club San Lucia Chapter and General Manager c/o Henriette Groot Diablo Canyon Power Plant 1000 Montecito Road P.O. Box 56 Cayucos, CA 93430 Avila Beach, CA 93424 Ms. Nancy Culver City Editor San Luis Obispo The Tribune Mothers for Peace 3825 South Higuera Street P.O. Box 164 P.O. Box 112 Pismo Beach, CA 93448 San Luis Obispo, CA 93406-0112 Chairman Mr. Ed Bailey, Radiation Program Director San Luis Obispo County Board of Radiologic Health Branch Supervisors State Department of Health Services Room 370 P.O. Box 942732 (MS 178)

County Government Center Sacramento, CA 94234-7320 San Luis Obispo, CA 93408 Mr. James D. Boyd, Commissioner Mr. Truman Burns California Energy Commission Mr. Robert Kinosian 1516 Ninth Street (MS 31)

California Public Utilities Commission Sacramento, CA 95814 505 Van Ness, Room 4102 San Francisco, CA 94102 Mr. James R. Becker, Vice President Diablo Canyon Operations Diablo Canyon Independent Safety and Station Director Committee Diablo Canyon Power Plant ATTN: Robert R. Wellington, Esq. P.O. Box 3 Legal Counsel Avila Beach, CA 93424 857 Cass Street, Suite D Monterey, CA 93940 Mr. Gregory M. Rueger Senior Vice President, Generation and Regional Administrator, Region IV Chief Nuclear Officer U.S. Nuclear Regulatory Commission Pacific Gas and Electric Company Harris Tower & Pavillion Diablo Canyon Power Plant 611 Ryan Plaza Drive, Suite 400 P.O. Box 3 Arlington, TX 76011-8064 Avila Beach, CA 93424