ML16342C050

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Informs That Util 930827 Submittal of WCAP-13821, Eagle 21/ASMAC Diversity Evaluation, Will Be Withheld from Public Disclosure,Per 10CFR2.790
ML16342C050
Person / Time
Site: Diablo Canyon  
Issue date: 03/17/1994
From: Peterson S
Office of Nuclear Reactor Regulation
To: Liparulo N
PACIFIC GAS & ELECTRIC CO.
References
NUDOCS 9403230219
Download: ML16342C050 (10)


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Docket Nos.

50-275 and 50-323 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 17, 1994 Hr.

N. J. Liparulo, Hanager Nuclear Safety 8 Regulatory Activities Westinghouse Electric Corporation P. 0.

Box 355 Pittsburgh, Pennsylvania 15230-0355

Dear Hr. Liparulo:

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SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROH PUBLIC DISCLOSURE "EAGLE 21/AHSAC DIVERSITY EVALUATION" DIABLO CANYON UNITS 1

AND 2 By letter dated August 27, 1993, Pacific Gas and Electric Company submitted the following documents and requested that the proprietary document be withheld from public disclosure pursuant to 10 CFR 2.790:

1.

WCAP-13821 (Proprietary),

"Eagle 21/AHSAC Diversity Evaluation," August 1993 2.

WCAP-13822 (Nonproprietary),

"Eagle 21/AHSAC Diversity Evaluation," August 1993 The Westinghouse Electric Company affidavit (CAW-93-511) dated August 25,

1993, 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 applications 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 Therefore, WCAP-1382l, "Eagle 21/AMSAC Diversity Evaluation,"

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

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.

O.

Box 164 Pismo Beach, California 93448 Ms. Jacquelyn C. Wheeler P. 0.

Box 164 Pismo Beach, California 93448 Managing, 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 Mr. Robert Kinosian California Public Utilities Commission 505 Van Ness, Rm.

4102 San Francisco, California 94102 Diablo Canyon Independent Safety Committee ATTN:

Robert R. Wellington, Esq.

Legal Counsel 857 Cass Street, Suite D

Monterey, California 93940 Mr. 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 Mr. 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 8 Electric Company Post Office Box 7442 San Francisco, California 94120 Mr. John Townsend Vice President and Plant Manager Diablo Canyon Power Plant P. 0.

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

Box 770000 San Francisco, California 94177

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h 17, 1994 Hr. N. J. Liparulo Therefore, WCAP-13821, "Eagle 21/AHSAC Diversity Evaluation," 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, Original signed by:

Sheri R. Peterson, Project Manager Project Directorate V

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

See next page DISTRIBUTION

)Docket File i

NRC 5 Local PDRs PDV R/F JRoe EAdensam Tguay DFoster-Curseen SPeterson HSiemien Ken Perkins, RV OFFICE:

NAME:

PDV/LA DFoster-Curseen:mk PDV PH SPeter on OGC MSiemien PDV/D TOuay DATE:

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h 17, 1994 Hr. N. J. Liparulo Therefore, WCAP-13821, "Eagle 21/AMSAC Diversity Evaluation,"

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, Original signed by:

Sheri R. Peterson, Project Manager Project Directorate V

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

See next page DISTRIBUTION Docket File NRC 5 Local PDRs PDV R/F JRoe EAdensam TQuay DFoster-Curseen SPeterson HSiemien Ken Perkins, RV OFFICE:

PDV LA PDV PH OGC PDV/0 NAME:

DFoster-Curseen:mk SPeter on HSiemien TQuay DATE:

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/ f)94 5 / l Cj'94 OFFICIAL RECORD COPY/ FILENAME: A: iWITHHOLD.DC

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