ML090420126

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Request for Withholding Information from Public Disclosure, Enclosure 2, Response to Requests for Additional Information Regarding Amendment Application Numbers 252 and 238, Replacement Steam Generators, Dated February 5, 2009
ML090420126
Person / Time
Site: San Onofre  Southern California Edison icon.png
Issue date: 02/26/2009
From: Kalyanam N
Plant Licensing Branch IV
To: Ridenoure R
Southern California Edison Co
Kalyanam N, NRR/DORL/LPL4, 415-1480
References
TAC MD9160, TAC MD9161
Download: ML090420126 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 February 26, 2009 Mr. Ross T. Ridenoure Senior Vice President and Chief Nuclear Officer Southern California Edison Company San Onofre Nuclear Generating Station P.O. Box 128 San Clemente, CA 92674-0128

SUBJECT:

SAN ONOFRE NUCLEAR GENERATING STATION UNITS 2 AND 3 REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9160 AND MD9161)

Dear Mr. Ridenoure:

By letter dated February 5, 2009, to the U.S. Nuclear Regulatory Commission (NRC), Southern California Edison (the licensee, SCE) submitted an affidavit dated February 3, 2009, executed by Mr. M. J. Gancarz of Westinghouse Electric Company LLC (Westinghouse), as an enclosure to the letter dated February 3, 2009, from Mr. J. A. Gresham of Westinghouse, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:, Response to Requests for Additional Information Regarding Amendment Application Numbers 252 and 238, Replacement Steam Generators, San Onofre Nuclear Generating Station, Units 2 and 3, dated February 5, 2009 A nonproprietary copy of this document has been placed in the NRC Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room (ADAMS Accession No. ML090400654).

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

(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.

(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 the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

R. 1. Ridenoure

- 2 Therefore, the version(s) of 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.

If you have any questions regarding this matter, I may be reached at 301-415-1480.

Sincerely, l~

N. Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-361 and 50-362 cc: Distribution via ListServ

R. T. Ridenoure

- 2 Therefore, the version(s) of 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.

If you have any questions regarding this matter, I may be reached at 301-415-1480.

Sincerely, IRA!

N. Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-361 and 50-362 cc: Distribution via ListServ DISTRIBUTION:

PUBLIC Branch Reading File RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMSanOnofre Resource RidsNrrDsssSrxb Resource RidsOgcMailCenter Resource RidsRgn4MailCenter Resource NKaripeneni, DSS/SCVB ADAMS Accession No ML090420126 OFFICE DORULPL4/PM DORULPL4/LA DSS/SCVB/BC DORLlLPL4/BC DORULPL4/PM NAME NKalyanam JBurkhardt RDennig MMarkley NKalyanam DATE 2/17/09 2117/09 2/24/09 2/26/09 2/26/09 OFFICIAL RECORD COpy