ML16113A251
| ML16113A251 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/05/2016 |
| From: | Balwant Singal Plant Licensing Branch IV |
| To: | Halpin E Pacific Gas & Electric Co |
| Singal B | |
| References | |
| CAC ME7522, CAC ME7523 | |
| Download: ML16113A251 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 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 May 5, 2016
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 April 24, 2014 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML14205A031), Pacific Gas and Electric Company (the licensee) submitted affidavits 993754-AFF-104T, 1 dated March 12, 2014, and 993754-AFF-116T, 2 dated April 9, 2014, to the U.S. Nuclear Regulatory Commission (NRC),
executed by Mr. Brian Mark Herschthal, North American Nuclear Project Director, Invensys/Schneider Electric (Invensys), requesting that the information contained in the following Tricon documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
- 1.
993754-11-809, Revision 4, "Pacific Gas and Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Software Requirements Specification (SRS)," dated January 21, 2014 (Proprietary)
- 2.
993754-1-811, Revision 1, "Pacific Gas and Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Failure Modes and Effects Analysis, dated February 21, 2014 (Proprietary)
- 3.
993754-1-812, Revision 1, "Pacific Gas and Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Validation Test Specification (VTS)" dated April 4, 2014 (Proprietary)
- 4.
993754-1-819, Revision 0, "Pacific Gas and Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Reliability Analysis," dated October 11, 2013 (Proprietary) 1 Applies to documents 1, 2, and 4.
2 Applies to documents 3 and 5.
E. Halpin
- 5. 993754-1-868, Revision 1, "Pacific Gas and Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Software Verification Test Plan (SVTP)," dated April 3, 2014 (Proprietary)
A nonproprietary copy of the following documents have been placed in the NRC's Public Document Room and added to the NRC Library:
993754-1-811, Revision 1 (ADAMS Accession No. ML14205A037) 993754-1-812, Revision 1 (ADAMS Accession No. ML14205A040) 993754-1-819, Revision 0 (ADAMS Accession No. ML14205A038) 993754-1-868, Revision 1 (ADAMS Accession No. ML14205A039)
Due to the extent of proprietary information found, the licensee was not required to submit a non-proprietary version of 993754-11-809, Revision 4.
The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
Information which discloses process, method, or apparatus, including supporting data and analyses, where prevention of its use by lnvensys's competitors without license or contract from Invensys constitutes a competitive economic advantage over other companies in the industry.
(b)
Information, which if used by competitors, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, application, installation, assurance of quality, or licensing of a similar product.
(c)
Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of Invensys, its customers, its partners, or its suppliers.
(d)
Information which reveals aspects of past, present, or future Invensys customer-funded development plans or programs, of potential commercial value to Invensys.
(e)
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
(f)
Information obtained through Invensys actions which could reveal additional insights into nuclear equipment qualification processes, customer applications, and regulatory proceedings, and which are not otherwise readily obtainable by a competitor.
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.
If you have any questions regarding this matter, I may be reached at 301-415-3016.
Docket Nos. 50-275 and 50-323 cc: Mr. Mark Herschthal Sincerely, Q ctlJ-_ +u.s"~v B~nt K. Singal, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation North American Nuclear Project Director Invensys/Schneider Electric 26561 Rancho Parkway South Lake Forest, CA 92630 Additional Distribution via Listserv
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