ML16014A002

Request for Withholding Information from Public Disclosure - 10/8/15 Affidavit Executed by J. Gresham, Westinghouse Electric Company LLC Re WCAP-18051-P Dated October 2015

ML16014A002
Person / Time
Site:	Palo Verde
Issue date:	01/14/2016
From:	Watford M Plant Licensing Branch IV
To:	Edington R Arizona Public Service Co
Watford M, NRR/DORL/LPLIV-1
References
CAC MF6806
Download: ML16014A002 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Randall K. Edington Executive Vice President Nuclear/

Chief Nuclear Officer Mail Station 7602 Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034 January 14, 2016

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION, UNIT 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. MF6806)

Dear Mr. Edington:

By letter dated October 22, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15300A213), Arizona Public Service Company submitted an affidavit dated October 8, 2015, executed by James Gresham, on behalf of Westinghouse Electric Company LLC, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

WCAP-18051-P, "Palo Verde Nuclear Generating Station Unit 3 Reactor Coolant Pump 2A Suction Safe End Instrumentation Nozzle Half-Nozzle Repair Evaluation, dated October 2015.

The non-proprietary version of WCAP-18051-NP is publicly available under ADAMS Accession No. ML15300A214.

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.

(b)

It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c)

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

(d)

Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive

advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e)

Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(f)

The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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 information marked as proprietary that was included with the letter dated October 22, 2015, 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 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, please contact me at (301) 415-1233 or via e-mail at Margaret.Watford@nrc.gov.

Docket No. STN 50-530 cc:

Mr. James Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3 Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv Sim~aA{µ(

Margaret M. Watford, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

ML16014A002 OFFICE NRR/DORL/LPL4-1 /PM NRR/DORL/LPL4-1 /LA NAME MWatford JBurkhardt*

DATE 1 /14/16 1/14/16 Sincerely,

/RAJ Margaret M. Watford, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

• via email NRR/DE/EPNB/BC NRR/DORL/LPL4-1 /BC NRR/DORL/LPL4-1 /PM DAiiey*

RPascarelli MWatford 1/14/16 1/14/16 1/14/16