ML060320288

Westinghouse Electric Company Request for Withholding Information (WCAP-16208-P, Rev. 1, Suppl. 1) from Public Disclosure

ML060320288
Person / Time
Site:	San Onofre
Issue date:	01/26/2006
From:	Kalyanam N Plant Licensing Branch III-2
To:	Gresham J Westinghouse
Kalyanam N, NRR/DLPM, 415-1480
References
CAW-05-2042, TAC MC8850, TAC MC8851
Download: ML060320288 (3)

Text

January 26, 2006 Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 2 AND 3 -

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-05-2042) (TAC NOS. MC8850 AND MC8851)

Dear Mr. Gresham:

By letter dated November 3, 2005, Southern California Edison (SCE, the licensee) submitted an affidavit dated August 16, 2005, executed by you, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

WCAP-16208-P, Revision 1, Supplement 1, NDE [nondestructive examination]

Inspection Length for San Onofre 2 & 3 Steam Generator Tubesheet Region Cold Leg Explosive Expansions, dated July 2005 A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

(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.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

J. Gresham (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.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

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

Therefore, the information in the document entitled, NDE Inspection Length for San Onofre 2 & 3 Steam Generator Tubesheet Region Cold Leg Explosive Expansions, 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 301-415-1480.

Sincerely,

/RA/

N. Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-361 and 50-362 cc: See next page

J. Gresham (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.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

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

Therefore, the information in the document entitled, NDE Inspection Length for San Onofre 2 & 3 Steam Generator Tubesheet Region Cold Leg Explosive Expansions, 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 301-415-1480.

Sincerely,

/RA/

N. Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-361 and 50-362 cc: See next page DISTRIBUTION:

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San Onofre Nuclear Generating Station Units 2 and 3 cc:

Mr. Daniel P. Breig Mr. Ed Bailey, Chief Southern California Edison Company Radiologic Health Branch San Onofre Nuclear Generating Station State Department of Health Services P. O. Box 128 Post Office Box 997414 (MS7610)

San Clemente, CA 92674-0128 Sacramento, CA 95899-7414 Mr. Douglas K. Porter, Esquire Resident Inspector/San Onofre NPS Southern California Edison Company c/o U.S. Nuclear Regulatory Commission 2244 Walnut Grove Avenue Post Office Box 4329 Rosemead, CA 91770 San Clemente, CA 92674 Mr. David Spath, Chief Mayor Division of Drinking Water and City of San Clemente Environmental Management 100 Avenida Presidio P. O. Box 942732 San Clemente, CA 92672 Sacramento, CA 94234-7320 Mr. James T. Reilly Chairman, Board of Supervisors Southern California Edison Company County of San Diego San Onofre Nuclear Generating Station 1600 Pacific Highway, Room 335 P.O. Box 128 San Diego, CA 92101 San Clemente, CA 92674-0128 Eileen M. Teichert, Esq. Mr. James D. Boyd, Commissioner Supervising Deputy City Attorney California Energy Commission City of Riverside 1516 Ninth Street (MS 31) 3900 Main Street Sacramento, CA 95814 Riverside, CA 92522 Mr. Ray Waldo, Vice President Mr. Gary L. Nolff Southern California Edison Company Power Projects/Contracts Manager San Onofre Nuclear Generating Station Riverside Public Utilities P.O. Box 128 2911 Adams Street San Clemente, CA 92764-0128 Riverside, CA 92504 Mr. Brian Katz Regional Administrator, Region IV Southern California Edison Company U.S. Nuclear Regulatory Commission San Onofre Nuclear Generating Station 611 Ryan Plaza Drive, Suite 400 P.O. Box 128 Arlington, TX 76011-8064 San Clemente, CA 92764-0128 Mr. Michael Olson San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112-4150 November 2005

San Onofre Nuclear Generating Station Units 2 and 3 cc:

Mr. Steve Hsu Department of Health Services Radiologic Health Branch MS 7610, P.O. Box 997414 Sacramento, CA 95899 Mr. A. Edward Scherer Southern California Edison Company San Onofre Nuclear Generating Station P.O. Box 128 San Clemente, CA 92674-0128 Mr. Richard M. Rosenblum Chief Nuclear Officer Southern California Edison Company San Onofre Nuclear Generating Station P.O. Box 128 San Clemente, CA 92674-0128 November 2005