ML15201A074

Request for Withholding Information from Public Disclosure - 6/25/15 Affidavit Executed by H. Sepp, Westinghouse Electric Company LLC, Licensee'S 7/8/15 Responses to Request for Additional Information

ML15201A074
Person / Time
Site:	Diablo Canyon
Issue date:	08/25/2015
From:	Siva Lingam Plant Licensing Branch IV
To:	Halpin E Pacific Gas & Electric Co
Lingam S
References
TAC MF5785, TAC MF5786
Download: ML15201A074 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 25, 2015 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, UNIT NOS. 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MF5785 AND MF5786)

Dear Mr. Halpin:

By letter dated July 8, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15189A258), Pacific Gas and Electric Company (the licensee) submitted an affidavit dated June 25, 2015, to the U.S. Nuclear Regulatory Commission (NRC),

executed by Mr. James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC (Westinghouse), requesting that the information contained in the following document (Enclosure 3 of the letter dated July 8, 2015) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Responses to NRC Requests for Additional Information (RAls) on Diablo Canyon Feedline Break Analysis for Pressurizer Filling (Proprietary)

A nonproprietary copy of the document entitled "Responses to NRC Requests for Additional Information (RAls) on Diablo Canyon Feedline Break Analysis for Pressurizer Filling (Non-Proprietary)," contained in Enclosure 1 of your letter dated July 8, 2015, has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS at Accession No. ML15189A258.

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

(a) 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.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

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.

E. Halpin 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 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 301-415-1564.

Sincerely,

~if*~

Siva P. Lingam, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: Mr. James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive, Building 3 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML15201A074 OFFICE NRR/DORL/LPL4-1 /PM N RR/DORL/LPL4-1 /LA NRR/DSS/SRXB/BC NRR/DORL/LPL4-1 /BC N RR/DORL/LPL4-1 /PM NAME Sling am JBurkhardt CJackson MMarkley SLingam DATE 7/31/15 7/30/15 8/20/15 8/25/15 8/25/15