ML17158B201
| ML17158B201 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 06/22/2017 |
| From: | Siva Lingam Plant Licensing Branch IV |
| To: | Bement R Arizona Public Service Co |
| Lingam S, 301-415-1564 | |
| References | |
| CAC MF8076, CAC MF8077, CAC MF8078, CAC MF8079, CAC MF8080, CAC MF8081 | |
| Download: ML17158B201 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Robert S. Bement Executive Vice President Nuclear/
Chief Nuclear Officer Mail Station 7602 Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034 June 22, 2017
SUBJECT:
PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF8076, MF8077, MF8078, MF8079, MF8080, AND MF8081)
Dear Mr. Bement:
By letter dated June 2, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17153A373), Arizona Public Service Company (the licensee) submitted an affidavit dated June 1, 2017 (CAW-17-4595), to the U.S. Nuclear Regulatory Commission (NRC), executed by Mr. James A Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC (Westinghouse), requesting that the information contained in the following documents (Attachments 1, 3, and 4 of the letter dated June 2, 2017) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:
Westinghouse responses to the NRC [requests for additional information (RAls)]
on the Palo Verde [Nuclear Generating Station, Units] 1, 2, and 3 [Next Generation Fuel (NGF)] [License Amendment Request (LAR)] and Exemption (Proprietary) (Attachment 1).
Palo Verde 1, 2, and 3 NGF LAR and Exemption [Thermal Conductivity Degradation] Allowance Justification (Proprietary [in its entirety]) (Attachment 3).
SKBOR: A Computer Code for Calculating the Accumulation of Boric Acid in the Reactor Vessel (Proprietary) (Attachment 4).
Non-proprietary copies of the following documents contained in Attachments 2 and 5 of the enclosure to your letter dated June 2, 2017, has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS at Accession No. ML17153A373.
Westinghouse responses to the NRC RAls on the Palo Verde 1, 2, and 3 NGF LAR and Exemption (Non-Proprietary) (Attachment 2).
SKBOR: A Computer Code for Calculating the Accumulation of Boric Acid in the Reactor Vessel (Non-Proprietary) (Attachment 5).
The June 1, 2017, affidavit 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.
(b)
It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
(d)
Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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 301-415-1564.
Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: Listserv Mr. James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3 Suite 310 Cranberry Township, PA 16066 Sincerely,
~~*~
Siva P. Lingam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
ML171588201 OFFICE NRR/DORULPL4/PM NRR/DORULPSB/LAiT NAME Slingam I Betts DATE 6/16/17 06/09/17 OFFICE NRR/DSS/SRXB/BC NRR/DORULPL4/BC NAME EOesterle RPascarelli DATE 06/16/17 06/22/17 NRR/DORULPL4/LA PBlechman (JBurkhardt for) 06/15/17 NRR/DORULPL4/PM Slingam 06/22/17