ML101130176

Request for Withholding Information from Public Disclosure

ML101130176
Person / Time
Site:	Diablo Canyon
Issue date:	05/05/2010
From:	Wang A Plant Licensing Branch IV
To:	Becker J Pacific Gas & Electric Co
Wang, A B, NRR/DORL/LPLIV, 415-1445
References
TAC ME3732, TAC ME3733
Download: ML101130176 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 5, 2010 Mr. James R. Becker Site Vice President Pacific Gas and Electric Company Diablo Canyon Power Plant Mail Code 104/5/601 P.O. Box 56 Avila Beach, CA 93424

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DIABLO CANYON POWER PLANT, UNIT NOS. 1 AND 2 (TAC NOS.

ME3732 AND ME3733)

Dear Mr. Becker:

By letter dated April 9, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML101100646), you submitted an affidavit dated April 9, 2010, executed by James R. Becker, Site Vice President, Pacific Gas and Electric Company (PG&E),

requesting that the information contained in the follOWing document (Enclosure 1 of the April 9, 2010, letter) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Topical Report: "Process Protection System Replacement Diversity & Defense in-Depth Assessment," Rev 0, March 2010 A nonproprietary copy of this document, provided as Enclosure 3 to the letter dated April 9, 2010, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room in ADAMS Accession No. ML101100647.

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

(a) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of [PG&E's] knowledge or belief.

(b) Further, this information has substantial commercial value. It consist of technical design details that support a robust design for a digital upgrade of the reactor trip system and engineered safety features actuation system. Use of the technical design details by a competitor would reduce their expenditure of resources in licensing a similar digital upgrade to the reactor trip system and engineered safety features actuation system.

J. Becker - 2 c) Pu.blic disclosure of this confidential information is likely to cause substantial harm to the competitive position of PG&E because it would enable others to use the information to meet NRC requirements for licensing documentation for digital upgrades without purchasing the right to use the information.

d) The development of the design details for the digital upgrade of the reactor trip system and engineered safety features actuation system is the result of applying the results of many years of experience in an extensive PG&E effort and the expenditure of a considerable sum of money.

e) In order for competitors of PG&E to duplicate this information, similar technical design details would have to be developed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

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.

J. Becker - 3 If you have any questions regarding this matter, I may be reached at 301-415-1445.

Sincerely, otvn ~)J~'

Alan B. Wang, prOjeoYManager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: Distribution via Listserv

ML101130176 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DE/EICB/BC NRR/LPL4/BC NRR/LPL4/PM MMarkley CFLyon I NAME AWang JBurkhardt WKemper for AWang DATE 4/28/10 4/28/10 5/3110 5/4/10 5/5110