ML13150A220

Withdrawn_San Onofre, Units 2 and 3 - Request for Withholding Information from Public Disclosure - 3/19/13 Affidavit Executed by V. Nazareth, Nuclear Fuel Management, SONGS, Response to Request for Additional Information

ML13150A220
Person / Time
Site:	San Onofre
Issue date:	11/27/2013
From:	Brian Benney Division of Operating Reactor Licensing
To:	Peter Dietrich Southern California Edison Co
Benney B
References
TAC ME6820, TAC ME6821
Download: ML13150A220 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 27, 2013 Mr. Peter T. Dietrich Senior Vice President and Chief Nuclear Officer Southern California Edison Company San Onofre Nuclear Generating Station P.O. Box 128 San Clemente, CA 92674-0128

SUBJECT:

SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 2 AND 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME6820 AND ME6821)

Dear Mr. Dietrich:

By letter dated March 19, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13081A019), Southern California Edison (SCE), the licensee for San Onofre Nuclear Generating Station, Units 2 and 3 (SONGS), submitted an affidavit dated March 19, 2013, executed by Vickram Nazareth, Manager, Nuclear Fuel Management, SONGS, requesting that information designated as proprietary in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390.

Response to Request for Additional Information (Set 2) Southern California Edison, San Onofre Nuclear Generating Station Units 2 and 3, Proposed License Amendment Request for Permanent Use of AREVA Fuel and for Permanent Exemption to Use M5 Cladding (TAC Nos: ME6820, ME6821, ME6822, AND ME6823) San Onofre Nuclear Generating Station Units 2 and 3, dated March 19, 2013.

The affidavit and the proprietary version of the above documents are provided as Enclosures 1 and 2 to the letter dated March 19, 2013, from SCE to the U.S. Nuclear Regulatory Commission (NRC).

A non-proprietary version of the above document is provided as Enclosure 3 to the letter dated March 19, 2013, and is available in the NRC's Public Document Room in the NRC Library at ADAMS Accession No. ML13081A019.

The affidavit dated March 19, 2013, executed by Vickram Nazareth, Manager, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) SCE has a non-disclosure agreement with Westinghouse Electric LLC

("Westinghouse") and AREVA NP ("AREVA") (the NDA is referred to as the "Westinghouse-AREVA-SCE NDA), under which Westinghouse and

P. Dietrich AREVA have provided to SCE certain proprietary and* confidential information contained in the document (b) The information reveals details of Westinghouse's, SCE's, and/or AREVA's research and development plans and programs, or the results of these plans and programs.

(c) The information includes test data or analytical techniques concerni~g a process, methodology, or component, the application of which results in a competitive commercial advantage for Westinghouse, SCE, and/or AREVA.

(d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive commercial advantage for Westinghouse, SCE, and/or AREVA on product optimization or marketability.

(e) The unauthorized use of the information by one of Westinghouse's, SCE's, and/or AREVA's competitors would permit the offending party to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(f) The information contained in the document is vital to a competitive commercial advantage held by Westinghouse, SCE, and/or AREVA, would be helpful to their competitors, and would likely cause substantial harm to the competitive position of Westinghouse, SCE, and AREVA.

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 version of 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.

P. Dietrich If you have any questions, please contact me at 301-415-2767 or Brian.Benney@nrc.gov.

B nn y, Senior Project Manager Plant ce ing Branch IV Divisi Operating* Reactor Licensing Office of Nuclear React~r Regulation Docket Nos. 50-361 and 50-362 cc: Vickram Nazareth, Manager Nuclear Fuel Managemen~

Southern California Edison San Onofre Nuclear Generating Station

• P.O. Box 128 San Clemente, CA 92674-0128 Additional distribution via Listserv

P. Dietrich If you have any questions, please contact me at 301-415-2767 or Brian.Benney@ nrc.gov.

Sincerely,

/RAJ Brian Benney, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation cc: Vickram Nazareth, Manager Nuclear Fuel Management Southern California Edison San Onofre Nuclear Generating Station P.O. Box 128 .

San Clemente, CA 92674-0128 Additional distribution via Listserv DISTRIBUTION:

PUBLIC LPLIV Reading RidsAcrsAcnw_MaiiCTR Resource RidsNrrDoriLpl4 Resource RidsNrrDssSnpb Resource RidsNrrPMSanOnofre Resource RidsNrrLAJBurkhardt Resource RidsRgn4MaiiCenter Resource ADAMS Accession No.: ML13150A220 OFFICE NRRJDORULPSO/PM NRR/DORULPL4/LA NRR/DSS/SNPB/BC NRR/DORULPSO/BC NRR/DORULPSO/PM NAME BBenney JBurkhardt SWhaley DBroaddus (CGratton for) BBenney DATE 06/02/13 05/31/13 06/03/13 1.1/26/13 11/27/13 OFFICIAl RECORD COPY