ML19266A443

Letter to J. M. Welsch U.S. Nuclear Regulatory Commission Approval of Holtec International Request for Withholding Information from Public Disclosure for Humboldt Bay ISFSI Renewal Partial Request for RAI Responses

ML19266A443
Person / Time
Site:	Humboldt Bay
Issue date:	09/10/2019
From:	Christopher Markley Renewals and Materials Branch
To:	Welsch J Pacific Gas & Electric Co
Markley C
References
CAC 001028, EPID L-2018-RNW-0016
Download: ML19266A443 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 10, 2019 Mr. James M. Welsch Senior Vice President Generation and Chief Nuclear Officer Diablo Canyon Power Plant P.O. Box 56 Avila Beach, CA 93424

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION APPROVAL OF HOLTEC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HUMBOLDT BAY INDEPENDENT SPENT FUEL STORAGE INSTALLATION RENEWAL PARTIAL REQUEST FOR ADDITIONAL INFORMATION RESPONSES (CAC NO. 001028)

Dear Mr. Welsch:

By letter dated July 1, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19197A026), Pacific Gas & Electric (PG&E) submitted a partial response to the U.S. Nuclear Regulatory Commissions (NRCs) letter request for additional information (RAI), dated April 30, 2019 (ADAMS Accession No. ML19122A231). PG&Es response included an affidavit dated May 22, 2019, executed by Erika Grandrimo, Notary Public State of New Jersey. By letter dated July 25, 2019 (ADAMS Accession No. ML19221B564),

PG&E submitted the remainder of the response to NRCs RAI information. A copy of that affidavit was also submitted in this letter. You requested that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• Holtite A: Development History and Thermal Performance Data, Holtec Report HI-2002396, Rev. 5.

• American Seal Certificate of Conformance# 34048-CE for, HI-STAR Overpack Closure Plate Seals.

The submitted affidavit dated May 22, 2019, sworn by Kimberly Manzione of Holtec International, stated the information should be considered exempt from mandatory public disclosure for the following reasons, among other things:

• Information that discloses a process, method or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

• Information which, if used 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 of a similar product

• The information sought to be withheld is being; submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held.

J. Welsch 2

• The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere.

• Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from TN constitutes a competitive economic advantage over other companies.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statement, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, Holtite A: Development History and Thermal Performance Data, Holtec Report HI-2002396, Rev. 5. and American Seal Certificate of Conformance# 34048-CE for, HI-STAR Overpack Closure Plate Seals, 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 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 of the date of public disclosure, in advance, which will be a reasonable time thereafter.

If you have any questions regarding this matter, please contact me at (301) 415-6293 or Christopher.Markley@nrc.gov.

Sincerely,

/RA/

Christopher T. Markley, Systems Performance Analyst Renewals and Materials Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-27 License No.: SNM-2514 CAC/EPID Nos. 001028/L-2018-RNW-0016 cc: Humboldt Bay Service List

Humboldt Bay ISFSI Renewal Service List cc:

Mr. James M. Welsch Redwood Alliance Vice President Nuclear Generation and P.O. Box 293 Chief Nuclear Officer Arcata, CA 95521 Pacific Gas and Electric Company P. O. Box 56 Dr. Rich Ferguson, Energy Chair Mail Code 104/6 Sierra Club California Avila Beach, CA 93424 1100 11th Street, Suite 311 Sacramento, CA 94814 Jon A. Franke Vice President Safety and Health, Mr. Gonzalo Perez, Chief Chief Safety Officer Radioactive Materials Licensing Section Pacific Gas and Electric Company California Department of Public Health 77 Beale Street, B32 Radiologic Health Branch San Francisco, CA 94105 1500 Capital Avenue, MS 7610 Sacramento, CA 95814-5006 Loren Sharp Senior Director, Nuclear Decommissioning Robert Weisenmiller, Chairman Pacific Gas & Electric Company California Energy Commission 1000 King Salmon Avenue 1516 Ninth Street Eureka, CA 95503 Sacramento, CA 95814 Jennifer K. Post Deputy Attorney General Law Department State of California Pacific Gas and Electric Company 110 West A Street, Suite 700 77 Beale Street, B30A San Diego, CA 92101 San Francisco, CA 94105 Philippe Soenen Chairman, Humboldt County Board Decommissioning Environmental and of Supervisors Licensing Manager County Courthouse Pacific Gas & Electric Company 825 Fifth Street 77 Beale Street Eureka, CA 95501 San Francisco, CA 94105 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102

ML19266A443 OFFICE NMSS/DSFM NMSS/DSFM NMSS/DSFM WWheatley MRahimi NAME CMarkley By email By email DATE 9/4/19 9/5/19 9/10/19