ML16110A403

Request for Withholding Information from Public Disclosure, 1/30/13, 1/30/13, and 1/28/13 Affidavits Executed by J. Gresham, Westinghouse WCAP-17696-P, WCAP-17706-P, and LTR-RAM-I-13-002-P

ML16110A403
Person / Time
Site:	Diablo Canyon
Issue date:	04/28/2016
From:	Balwant Singal Plant Licensing Branch IV
To:	Halpin E Pacific Gas & Electric Co
Singal B
References
CAC ME7522, CAC ME7523
Download: ML16110A403 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 28, 2016 Mr. Edward D. Halpin Senior Vice President, Generation 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 (CAC NOS. ME7522 AND ME7523)

Dear Mr. Halpin:

By letter dated March 7, 2013 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML13267A127), Pacific Gas and Electric Company (the licensee) submitted to the U.S. Nuclear Regulatory Commission (NRC) affidavits CAW-13-3598, dated January 30, 2013; CAW-13-3599, dated January 30, 2013; and CAW-13-3596, dated January 28, 2013, executed by Mr. James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC (Westinghouse), requesting that the information contained in the following documents (Attachments 7, 8, and 9 of the letter dated March 7, 2013) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• Westinghouse Document WCAP-17696-P, Revision 0, "Westinghouse Setpoint Calculations for the Diablo Canyon Power Plant Digital Replacement Process Protection System," January 2013 (Proprietary) (Attachment 7) 1

• Westinghouse Document WCAP-17706-P, Revision 0, "Westinghouse Setpoint Methodology as Applied to the Diablo Canyon Power Plant," January 2013 (Proprietary) (Attachment 8) 2

• Westinghouse Document LTR-RAM-1-13-002 P-Attachment, Revision 0, "Justification for the Application of Technical Specifications Changes in WCAP-14333 and WCAP-15376 to the Tricon/ALS Process Protection System at the Diablo Canyon Power Plant," January 31, 2013 (Proprietary) (Attachment 9) 3 Non-proprietary versions of the documents were provided as Attachments 4, 5, and 6 to the letter dated March 7, 2013, under ADAMS Accession Nos. ML13267A133 (WCAP-17696),

ML13267A134 (WCAP-17706), and ML13267A135 (LTR-RAM-1-13-002), respectively.

1 Affidavit CAW-13-3598, dated January 30, 2013.

2 Affidavit CAW-13-3599, dated January 30, 2013.

3 Affidavit CAW-13-3596, dated January 28, 2013.

E. Halpin The affidavits 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.

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.

E. Halpin If you have any questions regarding this matter, I can be reached at 301-415-3016.

Sincerely,

~ q_Q.__:-\ h-St h.µ Balwant K. Singal, Senior 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 Nuclear Services 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional Distribution via Listserv

ML 1611 OA403 OFFICE N RR/DORL/LPL4-1 /PM NRR/DORL/LPL4-1 /LA NRR/DE/EICB/BC NAME BSingal JBurkhardt MWaters DATE 4/22/16 4/21/16 4/24/16 OFFICE N RR/DORL/LPL4-1 /BC NRR/DORL/LPL4-1 /PM NAME RPascarelli BSingal DATE 4/28/16 4/28/16