ML102560530

Request for Withholding Information from Public Disclosure - 8/12/10 Affidavit Executed by J. Becker, PG&E

ML102560530
Person / Time
Site:	Diablo Canyon
Issue date:	10/08/2010
From:	Wang A Plant Licensing Branch IV
To:	Becker J Pacific Gas & Electric Co
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
TAC ME4094, TAC ME4095
Download: ML102560530 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 8, 2010 Mr. James R. Becker Site Vice President Pacific Gas and Electric Company Diablo Canyon Power Plant Mail Code 104/5/601 P.O. Box 56 Avila Beach, CA 93424

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DIABLO CANYON POWER PLANT, UNIT NOS. 1 AND 2 (TAC NOS. IVIE4094 AND IVIE4095)

Dear Mr. Becker:

By letter dated August 12, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102280367), Pacific Gas and Electric Company (PG&E) submitted an affidavit executed by you on August 12, 2010, requesting that the information contained in the following document (Enclosure 1 of the August 12, 2010, letter) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

PG&E Response to NRC Request for Additional Information Regarding Diablo Canyon Topical Report, "Process Protection System Replacement Diversity &

Defense-in-Depth Assessment," Revision 0 A nonproprietary copy of this document, provided as Enclosure 3 to the letter dated August 12, 2010, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room at ADAIVIS Accession No. ML102280367.

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

(a) Proprietary information is information in which PG&E has property rights which can be protected via a patent, a copyright, or other legal action as in the case of trade secrets.

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.

J. Becker -2 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.

If you have any questions regarding this matter, I may be reached at 301-415-1445.

Sincerely,

~0~

Alan B. 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: Distribution via Listserv

J. Becker -2 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.

If you have any questions regarding this matter, I may be reached at 301-415-1445.

Sincerely, IRAJ Alan B. 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: Distribution via Listserv DISTRIBUTION:

PUBLIC LPL4 Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPIVIDiabloCanyon Resource RidsNrrDeEicb Resource RidsOgcMailCenter Resource RidsRgn4MailCenter Resource ADAMS Accession No. ML102560530 OFFICE NRRlLPL4/PM NRRlLPL4/LA DE/EICB/BC NRRlLPL4/BC NRRlLPL4/PM NAME AWang JBurkhardt WKemper MMarkley AWang BSingal for DATE 10/4/10 10/1/10 10/5/10 10/8/10 10/8/10 OFFICIAL RECORD COpy