ML091140573

Request for Withholding Information from Public Disclosure

ML091140573
Person / Time
Site:	Palo Verde
Issue date:	04/29/2009
From:	Hall J Plant Licensing Branch IV
To:	Edington R Arizona Public Service Co
Hall, J R, NRR/DORL/LPL4, 301-415-4032
References
TAC ME0698, TAC ME0699, TAC ME0700
Download: ML091140573 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 29, 2009 Mr. Randall K. Edington Executive Vice President Nuclear/

Chief Nuclear Officer Mail Station 7602 Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3 (TAC NOS. ME0698, ME0699, AND ME0700)

Dear Mr. Edington:

By letter dated April 9, 2009, Arizona Public Service (APS) submitted an affidavit dated March 19, 2009, executed by Mr. Ian Rickard of Westinghouse Electric Company LLC (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:

Westinghouse Report WCAP-15688-P, Revision 0, "CE-NSSS LTOP Energy Addition Transient Analysis Methodology" (Proprietary), dated May 2001.

A nonproprietary copy of this 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. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

(iii)

The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390; it is to be received in confidence by the Commission.

R. Edington

- 2 (iv)

The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(v)

The proprietary information sought to be withheld in this submittal is that which is appropriately marked in Westinghouse Report WCAP-15688-P, Revision 0, "CE NSSS LTOP Energy Addition Transient Analysis Methodology," (Proprietary), dated May 2001. This report and accompanying Application for Withholding Proprietary Information from Public Disclosure is being transmitted by letter from the Arizona Public Service Company to the NRC Document Control Desk. The proprietary information as submitted by Westinghouse for use at Palo Verde Nuclear Generating Station is expected to be applicable to other licensee submittals.

This information is part of that which will enable Westinghouse to:

(a)

Describe the methodology developed to analyze energy addition transients, (b)

Establish low-temperature overpressure protection setpoints, and (c)

Support licensees in plant-specific application of the methodology.

Further, this information has substantial commercial value as follows:

(a)

Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirement for licensing documentation, and (b)

The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar calculations and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

R. Edington

- 3 In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

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.

Therefore, the version 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, please contact me at (301) 415-4032 or via email at randy.hall@nrc.gov.

Sincerely, g~t~~ui.l. '7~Jf

~:s R. Hal:, 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:

J. A. Gresham Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355 Additional distribution via Listserv

ML091140573 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/LPL4/BC NRR/LPL4/PM NAME JRHall JBurkhardt MMarkley JRHall DATE 4/28/09 4/28/09 4/29/09 4/29/09