ML102570777

Request for Withholding Information from Public Disclosure - 6/14/2010 Affidavit Executed by J. Gresham, Westinghouse

ML102570777
Person / Time
Site:	Diablo Canyon
Issue date:	10/25/2010
From:	Wang A Plant Licensing Branch IV
To:	Conway J Pacific Gas & Electric Co
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
TAC ME4577
Download: ML102570777 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 25, 2010 Mr. John T. Conway Senior Vice President - Energy Supply and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant 77 Beale Street, Mail Code B32 San Francisco, CA 94105

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DIABLO CANYON POWER PLANT, UNIT NO.2 (TAC NO. ME4577)

Dear Mr. Conway:

By letter dated August 12, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102350295), you submitted an affidavit dated June 14, 2010 (CAW-10-2851), executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC, requesting that the information contained in the following document (Enclosure 2 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:

WDI-TJ-1 044-P, Revision 1, "Demonstration ReporVTechnical Basis Document:

Ultrasonic Examination of Diablo Canyon Unit 2 Reactor Pressure Vessel Nozzle to Safe End Welds from ID Surface Through Welded Protective Layer" (Proprietary), dated June 1, 2010 A non-proprietary copy, 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 ADAMS Accession No. ML102350297.

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

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

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.

J. Conway -2 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.

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

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

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

The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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 Nuclear Regulatory Commission (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.

J. Conway -3 If you have any questions regarding this matter, I may be reached at 301-415-1445.

Sincerely, Ala~n~Xager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: Mr. J. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355 Distribution via Listserv

J. Conway -3 If you have any questions regarding this matter, I may be reached at 301-415-1445.

Sincerely, IRA!

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: Mr. J. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355 Distribution via Listserv DISTRIBUTION:

PUBLIC LPL4 Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMDiabloCanyon Resource RidsNrrDeEicb Resource RidsOgcRp Resource RidsRgn4MailCenter Resource ADAMS Accession No ML102570777 OFFICE NRRlLPL4/PM NRRlLPL4/LA DCI/CPNB/BC NRRlLPL4/BC NRRlLPL4/PM NAME AWang JBurkhardt TLupold MMarkley AWang DATE 10/4/10 10/1/10 10/20/10 10/25/10 10/25110 OFFICIAL RECORD COpy