ML060970271
| ML060970271 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/04/2006 |
| From: | Wang A Plant Licensing Branch III-2 |
| To: | Maurer B Westinghouse |
| Wang A | |
| References | |
| TAC MD0385, TAC MD0386 | |
| Download: ML060970271 (4) | |
Text
April 4, 2006 Mr. B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
DIABLO CANYON POWER PLANT, UNIT NO. 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-06-2112)
(TAC NOS. MD0385 AND MD0386)
Dear Mr. Maurer:
By letter dated March 13, 2006, Westinghouse Electric Company LLC submitted an affidavit dated March 14, 2006, executed by you, requesting that information in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:
Diablo Canyon Diversity and Defense-in-Depth Analysis - RPS/7100 Project A nonproprietary copy of the document was provided for placement in the NRC's Public Document Room and for addition 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 on Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(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 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.
B. F. Maurer Therefore, the information in the document entitled, "Diablo Canyon Diversity and Defense-in-Depth Analysis - RPS/7100 Project," 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) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: See next page
B. F. Maurer Therefore, the information in the document entitled, "Diablo Canyon Diversity and Defense-in-Depth Analysis - RPS/7100 Project," 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) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 DISTRIBUTION:
PUBLIC cc: See next page LPLIV Reading RidsNrrDorlLplg (DTerao)
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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 City Editor Sierra Club San Lucia Chapter The Tribune ATTN: Andrew Christie 3825 South Higuera Street P.O. Box 15755 P.O. Box 112 San Luis Obispo, CA 93406 San Luis Obispo, CA 93406-0112 Ms. Nancy Culver Director, Radiologic Health Branch San Luis Obispo State Department of Health Services Mothers for Peace P.O. Box 997414, MS 7610 P.O. Box 164 Sacramento, CA 95899-7414 Pismo Beach, CA 93448 Mr. James D. Boyd, Commissioner Chairman California Energy Commission San Luis Obispo County Board of 1516 Ninth Street (MS 31)
Supervisors Sacramento, CA 95814 Room 370 County Government Center Mr. James R. Becker, Vice President San Luis Obispo, CA 93408 Diablo Canyon Operations and Station Director Mr. Truman Burns Diablo Canyon Power Plant Mr. Robert Kinosian P.O. Box 3 California Public Utilities Commission Avila Beach, CA 93424 505 Van Ness, Room 4102 San Francisco, CA 94102 Jennifer Tang Field Representative Diablo Canyon Independent Safety United States Senator Barbara Boxer Committee 1700 Montgomery Street, Suite 240 ATTN: Robert R. Wellington, Esq. San Francisco, CA 94111 Legal Counsel 857 Cass Street, Suite D Mr. John S. Keenan Monterey, CA 93940 Senior Vice President - Generation and Chief Nuclear Officer Regional Administrator, Region IV Pacific Gas and Electric Company U.S. Nuclear Regulatory Commission Diablo Canyon Power Plant Harris Tower & Pavillion P.O. Box 770000, Mail Code B32 611 Ryan Plaza Drive, Suite 400 San Francisco, CA 94177-0001 Arlington, TX 76011-8064 March 2006