ML102800446

Withholding from Public Disclosure, Diablo Canyon Power Plant Topical Report, Process Protection System Replacement Diversity & Defense-in-Depth Assessment, Revision 1

ML102800446
Person / Time
Site:	Diablo Canyon
Issue date:	10/20/2010
From:	Wang A Plant Licensing Branch IV
To:	Conway J Pacific Gas & Electric Co
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
TAC ME4094, TAC ME4095
Download: ML102800446 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 20, 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 SUB~IECT: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DIABLO CANYON POWER PLANT, UNIT NOS. 1 AND 2 (TAC NOS. ME4094 AND ME4095)

Dear Mr. Conway:

By letter dated September 9,2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102580726), Pacific Gas and Electric Company (PG&E) submitted an affidavit executed by Mr. James R. Becker, Site Vice President, PG&E, on September 9, 2010, requesting that the information contained in the following document (Enclosure 1 of the September 9, 2010, letter) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Submittal of Diablo Canyon Power Plant Topical Report, "Process Protection System Replacement Diversity & Defense-in-Depth Assessment," Revision 1 A nonproprietary copy of this document, provided as Enclosure 3 to the letter dated September 9, 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. ML102580725.

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.

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.

J. Conway - 2 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,

~~ //

Alan B. wang,~t Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: 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 Distribution via Listserv

ML102800446 OFFICE NRRlLPL4/PM NRRlLPL4/LA DE/EICB/BC NRRlLPL4/BC NRRlLPL4/PM NAME AWang JBurkhardt WKemper MMarkley AWang DATE 10/13/10 10/15/10 10/14/10 10/15/10 10/20/10