ML16342E044

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Responds to 971203 Request for Withholding Rept, Reduction in Auxiliary Feedwater Flow Evaluation, March 1995 from Public Disclosure.Request Granted Pursuant to 10CFR2.790(b)(5) and Section 103(b) of Atomic Energy Act
ML16342E044
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 04/01/1998
From: Steven Bloom
NRC (Affiliation Not Assigned)
To: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9804070002
Download: ML16342E044 (6)


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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 205554001 April 1, 1998 Mr. N. J. Liparulo, Manager Regulatory 8 Engineering Networks Westinghouse Electric Corporation Nuclear Technology Division P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

- REQUEST.-FOR WITHHOLDINGINFORMATIONFROM PUBLIC DISCLOSURE (CAW-96-1406)

Dear Mr. Liparulo:

By letter dated December 3, 1997, Pacific Gas and Electric Company submitted the report "Reduction in the AuxiliaryFeedwater Flow Evaluation," March 1995, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was also submitted for placement in the public document room.

An affidavit dated December 6, 1996, from Westinghouse Electric Corporation, the owner of the information, was included in the application. Westinghouse Electric Corporation states 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 submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse Electric Corporation statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, we have determined that the document entitled "Reduction in the Auxiliary Feedwater Flow 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.

9804070002 98040i PDR AOOCK 05000275

Mr. N. J. Liparulo April 1, 1998 Withholding from public inspection shall not affect the right, ifany, of persons properly and directly concerned to inspect the documents.

Ifthe 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.

Ifthe 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, ifthe scope of a Freedom of Information Act request includes your information.

In all review situations, ifthe NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original Signed By Steven D. Bloom, Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation cc: See next page

~SU Docket (50-275, 50-323)

PUBLIC PDIV-2 Reading EAdensam WBateman EPeyton

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~ Mr. N. J. Liparulo April 1, 1998 CC:

NRC Resident Inspector Diablo Canyon Nuclear Power Plant clo U.S. Nuclear Regulatory Commission P. O. Box 369 Avila Beach, California 93424 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower 8 Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Dr. Richard Ferguson, Energy Chair Sierra Club California 1100 11th Street, Suite 311 Sacramento, California 95814 Christopher J. Warner, Esq.

Pacific Gas 8 Electric Company Post Office Box 7442 San Francisco, California 94120 Ms. Nancy Culver San Luis Obispo Mothers for Peace P. O. Box 164 Pismo Beach, California 93448 Mr. Robert P. Powers Vice President and Plant Manager Diablo Canyon Nuclear Power Plant P. O. Box 56 Avila Beach, California 93424 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, Room 4102 San Francisco, California 94102 Telegram-Tribune ATTN: Managing Editor 1321 Johnson Avenue P.O. Box 112 San Luis Obispo, California 93406 Mr. Gregory M. Rueger, Senior Vice President and General Manager Pacific Gas and Electric Company Nuclear Power Generation N9B P.O. Box 770000 San Francisco, California 94177 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services Post Office Box 942732 Sacramento, California 94232 Diablo Canyon Independent Safety Committee ATTN: Robert R. Wellington, Esq.

Legal Counsel 857 Cass Street, Suite D Monterey, California 93940

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