ML062790023

Request for Withholding Information from Public Disclosure (CAW-05-1997)

ML062790023
Person / Time
Site:	Palo Verde
Issue date:	10/12/2006
From:	Fields M NRC/NRR/ADRO/DORL/LPLIV
To:	Maurer B Westinghouse
Fields M, NRR/DORL/LP4, 415-3062
References
CAW-05-1997, TAC MC7182, TAC MC7183, TAC MC7184, WCAP-16208-P, Rev 1
Download: ML062790023 (5)

Text

October 12, 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:

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

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-05-1997) (TAC NOS. MC7182, MC7183, AND MC7184)

Dear Mr. Maurer:

By letter dated May 26, 2005, Arizona Public Service Company submitted an affidavit dated May 18, 2005, executed by Mr. J. A. Gresham, Manager, Westinghouse Electric Company, 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:

WCAP-16208-P, Revision 1, ?NDE [Nondestructive Examination]

Inspection Length for CE [Combustion Engineering] Steam Generator Tubesheet Region Explosive Expansions, May 2005 A nonproprietary copy of the document has been placed in the Nuclear Regulatory Commission's (NRC's) 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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage 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.

B. F. Maurer (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.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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 submitted information 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.

B. F. Maurer If you have any questions regarding this matter, I may be reached at (301) 415-3062.

Sincerely,

/RA/

Mel B. Fields, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: See next page

B. F. Maurer If you have any questions regarding this matter, I may be reached at (301) 415-3062.

Sincerely,

/RA/

Mel B. Fields, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: See next page DISTRIBUTION:

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RidsAcrsAcnwMailCenter RidsRgn4MailCenter RidsOgcRp Accession Number: ML062790023 OFFICE LPL4/PM LPL4/LA CSGB/BC LPL4/BC NAME MFields LFeizollahi AHiser DTerao DATE 10/12/06 10/12/06 9/25/06 10/12/06 OFFICIAL RECORD COPY

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 Mr. Douglas Kent Porter Mr. Thomas D. Champ Senior Counsel Southern California Edison Company Southern California Edison Company 5000 Pacific Coast Hwy Bldg D1B 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 Mr. Jeffrey T. Weikert Assistant General Counsel Regional Administrator, Region IV El Paso Electric Company U.S. Nuclear Regulatory Commission Mail Location 167 Harris Tower & Pavillion 123 W. Mills 611 Ryan Plaza Drive, Suite 400 El Paso, TX 79901 Arlington, TX 76011-8064 Mr. John Schumann Chairman Los Angeles Department of Water & Power Maricopa County Board of Supervisors Southern California Public Power Authority 301 W. Jefferson, 10th Floor P.O. Box 51111, Room 1255-C Phoenix, AZ 85003 Los Angeles, CA 90051-0100 Mr. Aubrey V. Godwin, Director Mr. Brian Almon Arizona Radiation Regulatory Agency Public Utility Commission 4814 South 40 Street William B. Travis Building Phoenix, AZ 85040 P. O. Box 13326 1701 North Congress Avenue Mr. Craig K. Seaman, General Manager Austin, TX 78701-3326 Regulatory Affairs and Performance Improvement Ms. Karen O'Regan Palo Verde Nuclear Generating Station Environmental Program Manager Mail Station 7636 City of Phoenix P.O. Box 52034 Office of Environmental Programs Phoenix, AZ 85072-2034 200 West Washington Street Phoenix AZ 85003 Mr. Matthew Benac Assistant Vice President Nuclear & Generation Services El Paso Electric Company 340 East Palm Lane, Suite 310 Phoenix, AZ 85004 March 2006