ML13295A624

Request for Withholding Information from Public Disclosure, 8/22/13 Affidavit Executed by J. Gresham, Westinghouse Electric Company; Five Proprietary Documents

ML13295A624
Person / Time
Site:	Diablo Canyon
Issue date:	11/25/2013
From:	Jennivine Rankin Plant Licensing Branch IV
To:	Halpin E Pacific Gas & Electric Co
Rankin J
References
TAC ME7522, TAC ME7523
Download: ML13295A624 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 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 November 25, 2013

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 September 17, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13262A241 ), Pacific Gas and Electric (PG&E) submitted information to support a license amendment request at Diablo Canyon Power Plant, Units 1 and 2, to replace the Eagle 21 digital process protection system (PPS) with a new digital PPS. The information included an affidavit executed by Mr. James A. Gresham, Westinghouse Electric Company, dated August 22, 2013, 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:

6116-00011, Revision 1, "Diablo Canyon Units I and 2 Process Protection System ALS System Design Specification" (Proprietary) 6116-10201, Revision 1, "Diablo Canyon Units 1 and 2 Process Protection System ALS-1 02 FPGA Requirements Specification" (Proprietary) 6116-10203, Revision 0, "Diablo Canyon PPS ALS-102 Core A FPGA Design Specification" (Proprietary) 6116-10204, Revision 0, "Diablo Canyon PPS ALS-102 Core B FPGA Design Specification" (Proprietary) 6116-00005, Revision 2, "Diablo Canyon Plant Protection System Test Plan" (Proprietary)

Due to the extent of proprietary information found in the documents, the licensee was not required to submit a non-proprietary version of the documents.

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 Westinghouse's competitors without license from Westinghouse 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 Westinghouse, its customers or suppliers.

(e)

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

(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 1 03(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 301-415-1530.

Docket Nos. 50-275 and 50-323 cc:

James A. Gresham Sincerely, Jennie K. Rankin, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Regulatory Compliance Manager Westinghouse Electric Company, Suite 310 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv

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