ML16342A208

Informs That Licensee 930618 Submittals of Summary Repts WCAP-12813-R3 & WCAP-13615-R2 Will Be Withheld from Public Disclosure,Per 10CFR2.790

ML16342A208
Person / Time
Site:	Diablo Canyon
Issue date:	07/27/1993
From:	Peterson S Office of Nuclear Reactor Regulation
To:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9308170271
Download: ML16342A208 (8)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555.0001 July 27, 1993 Docket Nos. 50-275 and 50-323 Hr. N. J. Liparulo, Hanager Nuclear Safety and Regulatory Activities Westinghouse Electric Corporation Nuclear and Advanced Technology Division P. 0.

Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROH PUBLIC DISCLOSURE DIABLO CANYON UNITS 1

AND 2 By letter dated June 18, 1993, Pacific Gas and Electric Company submitted as enclosures a letter dated June 10,

1993, signed by N. J. Liparulo and Affidavit CAW-93-455 signed by John J. HcInerney of Westinghouse Electric Corporation which requested that the proprietary document enclosed be withheld from public disclosure pursuant to 10 CFR 2.790:

1.

WCAP-12813-R3, "Summary Report, Eagle 21 Process Protection System Upgrade for Diablo Canyon Power Plant Units 1 and 2," Revision 3, June 1993 (proprietary) 2.

WCAP-13615-R2, "Summary Report, Eagle 21 Process Protection System Upgrade for Diablo Canyon Power Plant Units 1 and 2," Revision 2, June 1993 (nonproprietary)

The Westinghouse Electric Company affidavit (CAW-93-455) forwarded with the proprietary document 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.

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.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the affidavit, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

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Mr. N. J. Liparulo July 27, 1993 Therefore, WCAP-12813-R3, "Summary Report, Eagle 21 Process Protection System Upgrade for Diablo Canyon Power Plant Units 1 and 2," Revision 3, June 1993 marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 document.

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 of 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 should also 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.

Sincerely, cc:

See next page Original signed by:

Sheri R. Peterson, Project Manager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation DISTRIBUTION:

Docket File JRoe TQuay SPeterson

KPerkins, RV NRC 5, Local PDRs EAdensam DFoster-Curseen

MSiemien, 15618 PDV Reading'ile OFFICE NAME PDV LA 5

PDV PM DFoster-Curseen SPeter n

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TQuay DATE 93 7

93 93 P1 93 OFFICIAL RECORD COPY DOCUMENT NAME:DCWHLD.LTR

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cT Mr. N. J. Liparulo Therefore, WCAP-12813-R3, "Summary Report, Eagle 21 Process Protection System Upgrade for Diablo Canyon Power Plant Units 1 and 2," Revision 3, June 1993 marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 document.

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 of 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 should also 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.

Sincerely, cc:

See next page Sheri R. Peterson, Project Manager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation

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Pacific Gas and Electric Company Diablo Canyon.

CC:

NRC Resident Inspector Diablo Canyon Nuclear Power Plant c/o U.S. Nuclear Regulatory Commission P. 0.

Box 369 Avila Beach, California 93424 Dr. Richard Ferguson, Energy Chair Sierra Club California 6715 Rocky Canyon Creston, California 93432 Ms. Nancy Culver San Luis Obispo Mothers for Peace P. 0.

Box 164 Pismo Beach, California 93448 Hs. Jacquelyn C. Wheeler 3303 Barranca Court San Luis Obispo, California 93401 Hanaging Editor The County Telegram Tribune 1321 Johnson Avenue P. 0.

Box 112 San Luis Obispo, California 93406 Chairman San Luis Obispo County Board of Supervisors Room 370 County Government Center San Luis Obispo, California 93408 Mr. Truman Burns Hr. Robert Kinosian California Public Utilities Commission 505 Van Ness, Rm.

4102 San Francisco, California 94102 Hr. Steve Hsu Radiologic Health Branch State Department of Health Services Post Office Box 942732 Sacramento, California 94234 Regional Administrator, Region V

U.S. Nuclear Regulatory Commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Hr. Peter H. Kaufman Deputy Attorney General State of California 110 West A Street, Suite 700 San Diego, California 92101 Christopher J.

Warner, Esq.

Pacific Gas 5 Electric Company Post Office Box 7442 San Francisco, California 94120 Hr. John Townsend Vice President and Plant Manager Diablo Canyon Power Plant P. 0.

Box 56 Avila Beach, California 93424 Hr. Gregory H. Rueger Nuclear Power Generation, B14A Pacific Gas and Electric Company 77 Beale Street, Room 1451 P. 0.

Box 770000 San Francisco, California 94177 Diablo Canyon Independent Safety Committee ATTN:

Robert R. Wellington, Esq.

Legal Counsel 857 Cass Street, Suite D

Monterey, California 93940

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