ML121170337

Request for Withholding Information from Public Disclosure

ML121170337
Person / Time
Site:	Diablo Canyon
Issue date:	05/04/2012
From:	Joseph Sebrosky Plant Licensing Branch IV
To:	Halpin E Pacific Gas & Electric Co
Sebrosky J,NRR/DORL/LPL4 301-415-1132
References
TAC ME7522, TAC ME7523
Download: ML121170337 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 4, 2012 Mr. Edward D. Halpin Senior Vice President and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant P.O. Box 56, Mail Code 104/6 Avila Beach, CA 93424

SUBJECT:

DIABLO CANYON POWER PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE {TAC NOS. ME7522 AND ME7523}

Dear Mr. Halpin:

By letter dated April 2, 2012 (L TR-DCL-12-030, Agencywide Documents Access and Management System {ADAMS} Accession No. ML12094A072), Pacific Gas and Electric

{PG&E} submitted a response to a request for information. The response included an affidavit executed by Mr. Scott Roberts, CS Innovations, LLC dated March 8, 2012 (AFF6116-00053-2),

requesting that information contained in the following document be withheld from public disclosure pursuant to the Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

CS Innovations document 6116-00000, Revision 1, "Diablo Canyon PPS Management Plan," March 7,2012 (Proprietary)

Due to the extent of proprietary information contained in this document, CS Innovations, LLC was not required to submit a non-proprietary version.

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

(a)

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

(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.

E. Halpin

- 2 (d)

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

(e)

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

(f)

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

We have reviewed your submittal 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.

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 U.S. 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.

If you have any questions regarding this matter, I may be reached at 301-415-1132.

Sincerely,

~ vJ

~,

Joseph M. sebro~enior 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. Scott Roberts, Director CS Innovations, LLC 7400 E. Tierra Buena Lane, Suite 101 Scottsdale, AZ 85260-1795 Additional distribution via Listserv

E. Halpin

- 2 (d)

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

(e)

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

(f)

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

We have reviewed your submittal 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.

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 U.S. 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.

If you have any questions regarding this matter, I may be reached at 301-415-1132.

Sincerely, IRA by Alan Wang forI Joseph M. Sebrosky, Senior 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. Scott Roberts, Director CS Innovations, LLC 7400 E. Tierra Buena Lane, Suite 101 Scottsdale, AZ 85260-1795 Additional distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrDorlLpl4 Resource RidsOgcRp Resource LPL4 RlF RidsNrrLAJBurkhardt Resource RidsRgn4MailCenter Resource RidsAcrsAcnw MailCTR Resource RidsNrrPMDiabloCanyon Resource DATE ADAMS AcceSsion No:.:....:;M;;;L::,;.12;;,;1~17:.;;0F33::;:,7_~==__= ____"""F==_==--,r-____---,

IPM NRRlLPL4/LA NRRlDE/EICB/BC NRR/LPL4/BC NRRlLPL4/PM JSebrosky (AWang JBurl<hardt for)

JThorp MMarkley 5/4/12 5/2/12 5/2/12 5/4/12 OFFICIAL RECORD COpy