ML13028A505

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Request for Withholding Information from Public Disclosure, 11/26/12 Affidavit Executed by S. Roberts, CS Innovations, LLC, Five Proprietary Documents
ML13028A505
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 02/28/2013
From: Joseph Sebrosky
Plant Licensing Branch IV
To: Halpin E
Pacific Gas & Electric Co
Sebrosky J
References
TAC ME7522, TAC ME7523
Download: ML13028A505 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 28,2013 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 December 5,2012 (LTR-DCL-12-121, Agencywide Documents Access and Management System (ADAMS) Accession No. ML12342A149), 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 November 26, 2012 (AFF6116-00053-4), requesting that information contained in the following documents 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 WNA-DS-02442-PGE, Revision 3, "Diablo Canyon Units 1 & 2 Process Protection System Replacement Project. Advanced Logic System (ALS) - System Requirements Specification," July, 2012 (Proprietary)

CS Innovations document EQ TP-252-PGE, Revision 0, "Seismic Test Procedure for the Line Sense Module (LSM) and Dataforth Isolation Amplifier for Use in Diablo Canyon," September 2012 (Proprietary)

CS Innovations document 6116-00054, Rev. 0, "Diablo Canyon PPS ISG-04 Matrix, Nuclear Safety Related," November 9,2012 (Proprietary)

CS Innovations document 6116-00000, Revision 3, "Diablo Canyon PPS Management Plan," March 7, 2012 (Proprietary)

CS Innovations document 6116-00003, Revision 3, "Diablo Canyon PPS V& V Plan," November 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.

E. Halpin

-2 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.

(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.

E. Halpin

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

M. Sebrosky, Senio a

icensing Branch IV ivision 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

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

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 LPL4 R/F RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl4 Resource ADAMS Accession No. ML13028A505 Sincerely, IRA!

Joseph M. Sebrosky, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation RidsNrrLAJBurkhardt Resource RidsNrrPMDiabloCanyon Resource RidsOgcRp Resource RidsRgn4MailCenter Resource OFFICE NRRIDORLlLPL4/PM NRR/DORLlLPL4/LA NRRIDE/EICB/BC NRR/DORLlLPL4/BC NRRIDORLlLPL4/PM NAME JSebrosky JBurkhardt JThorp (RStattel for)

MMarkley (BSingal for)

JSebrosky DATE 2119/13 2/19/13 2/22113 2/28/13 2128113 j

OFFICIAL RECORD COpy