ML052370264

Ltr J Hall to D Jacobs (Diablo Canyon Power Plant) Public Disclosure Determination for Information Related to the Humboldt Bay ISFSI (Tac. No. L23683)

ML052370264
Person / Time
Site:	Humboldt Bay
Issue date:	08/25/2005
From:	Hall J NRC/NMSS/SFPO
To:	Jacobs D Pacific Gas & Electric Co
References
TAC L23683
Download: ML052370264 (5)

Text

August 25, 2005 Ms. Donna Jacobs Vice President, Nuclear Services Diablo Canyon Power Plant P.O. Box 56 Avila Beach, CA 93424

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION FOR INFORMATION RELATED TO THE HUMBOLDT BAY INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NO. L23683)

Dear Ms. Jacobs:

By letter dated December 15, 2003, as supplemented, the Pacific Gas and Electric Company (PG&E) submitted an application to the U.S. Nuclear Regulatory Commission (NRC) requesting a site specific license in accordance with 10 CFR Part 72 for an Independent Spent Fuel Storage Installation (ISFSI) at the Humboldt Bay Power Plant. In support of your application, and in response to the NRC staffs request for additional information, PG&E submitted documentation provided by Holtec International, Inc., with accompanying affidavits requesting that certain documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The purpose of this letter is to provide our determination regarding those requests.

The information sought to be withheld was submitted by PG&E in letters dated December 15, 2003, April 6, 2004, October 1, 2004, and April 15, 2005 (PG&E letters HIL-03-004, HIL-04-002, HIL-04-009 and HIL-05-004, respectively). Each of these letters included an affidavit signed by the Holtec Licensing Manager (Mr. B. Gutherman or Mr. S.

Anton), dated December 2, 2003, April 6, 2004, September 28, 2004, and April 6, 2005. The subject information consists of design information, site hazards analyses, and calculations and data specifically developed by Holtec in support of PG&Es Humboldt Bay ISFSI application. A complete listing of the information for which withholding from public disclosure is being requested is provided in the attachment to this letter.

The affidavits provided request that the listed information be withheld from public disclosure pursuant to 10 CFR 2.390 for the following reasons:

(1) The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtecs competitors without license from Holtec International constitutes a competitive economic advantage over other companies; (2) The information, 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.

(3) The information reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;

D. Jacobs (4) The information discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed your application and the associated material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements and the supporting Holtec affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. It is the NRCs policy to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised of the basis for and effects of licensing and rulemaking actions.

Nonproprietary copies of all of the reports listed in the attachment were submitted by PG&E in letters dated June 15, 2004 and January 26, 2005. These documents will be designated as publicly available in the NRC's Public Document Room and in the Agencywide Documents Access and Management System Public Electronic Reading Room. The two drawings and data provided in your October 1, 2004 letter, and the computer program validation provided in your April 15, 2005 letter, were not provided in non-proprietary form, due to the extent of proprietary information included. 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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. Please be advised 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 withheld 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 concerning this determination, please contact me at (301) 415-1336.

Sincerely,

/RA/

James R. Hall, Senior Project Manager Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No. 72-27 (50-133)

Enclosure:

As stated cc: Mailing List

D. Jacobs (4) The information discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed your application and the associated material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements and the supporting Holtec affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. It is the NRCs policy to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised of the basis for and effects of licensing and rulemaking actions.

Nonproprietary copies of all of the reports listed in the attachment were submitted by PG&E in letters dated June 15, 2004 and January 26, 2005. These documents will be designated as publicly available in the NRC's Public Document Room and in the Agencywide Documents Access and Management System Public Electronic Reading Room. The two drawings and data provided in your October 1, 2004 letter, and the computer program validation provided in your April 15, 2005 letter, were not provided in non-proprietary form, due to the extent of proprietary information included. 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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. Please be advised 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 withheld 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 concerning this determination, please contact me at (301) 415-1336.

Sincerely,

/RA/

James R. Hall, Senior Project Manager Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No. 72-27 (50-133)

Enclosure:

As stated ML052370264 cc: Mailing List Distribution: PUBLIC SFPO r/f SBaggett E:\Filenet\ML052370264.wpd *see previous concurrence OFC SFPO E SFPO SFPO NAME JRHall* DRiffle* RLewis DATE 08/24/05 08/24/05 08/ 25 /05 C = Cover E = Cover & Enclosure N = No copy OFFICIAL RECORD COPY

Enclosure List of Holtec Proprietary Documents for the Humboldt Bay ISFSI PG&E letters dated December 15, 2003 (HIL-03-004) and April 6, 2004 (HIL-04-002):

1. Evaluation of Fires for the HBPP ISFSI, Holtec Report No. HI-2033006, Revision 1

2. Criticality Evaluation for the Humboldt Bay ISFSI Project, Holtec Report No. HI-2033010, Revision 1

3. Humboldt Bay Cask Storage Vault Structural Analysis, and Appendices J, K and L Holtec Report No. HI-2033013, Revision 0

4. Seismic Response of HI-STAR HB in Vault Subject to DBE, Holtec Report No. HI-2033014, Revision 0

5. HBPP Fuel Assembly Decay Heat Calculations, Holtec Report No. HI-2033023, Revision 1

6. Humboldt Bay Thermal Analysis, Holtec Report No. HI-2033033, Revision 0

7. Structural Calculation Package for MPC-HB, Holtec Report No. HI-2033035, Revision 0

8. Seismic Response of the HI-STAR HB and Transporter to the DBE Event, Holtec Report No. HI-2033036, Revision 0

9. Evaluation of Explosions for the HBPP ISFSI, Holtec Report No. HI-2033041, Revision 1

10. Miscellaneous Calculations for the HI-STAR HB, Holtec Report No. Hl-2033042, Revision 0

11. Seismic Response of HI-STAR HB in RFB and Yard, Holtec Report No. HI-2033046, Revision 0

12. ISFSI Dose Assessment for Humboldt Bay, Holtec Report No. HI-2033047, Revision 0 PG&E October 1, 2004 letter (HIL-04-009):

1. Holtec Drawing 4105, Revision 1, HI-STAR Dry Fuel Storage Cask Vault (7 Sheets)

2. Holtec Drawing 4110, Revision 0, Dry Cask Vault Assembly (7 Sheets)

3. Effective Thermal Property Evaluations for HBPP Fuel Assemblies and MPC-HB, Holtec Report No. HI-2033005, Revision 0

4. Evaluation of Fires for the HBPP ISFSI, Holtec Report No. HI-2033006, Revision 2

5. Criticality Evaluation for the Humboldt Bay ISFSI Project, Holtec Report No. HI-2033010, Revision 2

6. Humboldt Bay Cask Storage Vault Structural Analysis, Holtec Report No. HI-2033013, Revision 3

7. Structural Calculation Package for MPC-HB, Holtec Report No. HI-2033035, Revision 1

8. ISFSI Dose Assessment for Humboldt Bay, Holtec Report No. HI-2033047, Revision 1

9. Data Pertaining to RAIs 6-1, 7-1, and 8-1 PG&E April 15, 2005 letter (HIL-05-004):

1. Validation of Visual Nastran Program, Holtec Report No. HI-2022896, Revision 2

2. Seismic Response of HI-STAR HB in Vault Subject to DBE, Holtec Report No. HI-2033014, Revision 1

3. Structural Calculation Package for MPC-HB, Holtec Report No. HI-2033035, Revision 2

Pacific Gas and Electric Company Humboldt Bat Power Plant, Unit 3 Docket Nos. 50-133, 72-27 cc:

Mr. Roy Willis, Plant Manager Mr. Ed Bailey, Chief Humboldt Bay Nuclear Power Plant Radiologic Health Branch Pacific Gas & Electric Company California Department of Health Services 1000 King Salmon Avenue P.O. Box 997414, MS 7610 Eureka, CA 95503 Sacramento, CA 95899-7414 R. Terry Nelson, Director Mr. James D. Boyd, Commissioner Fossil Generation California Energy Commission Mail Code N11E 1516 Ninth Street Pacific Gas & Electric Company Sacramento, CA 95814 P.O.Box 770000 San Francisco, California 94177-0001 Deputy Attorney General State of California Mr. Richard F. Locke, Esq. 110 West A Street, Suite 700 Law Department San Diego, CA 92101 Pacific Gas & Electric Company Post Office Box 7442 U.S. Environmental Protection Agency San Francisco, CA 94120 Region IX Office ATTN: Regional Radiation Chairman, Humboldt County Board Representative of Supervisors 75 Hawthorne Street County Courthouse San Francisco, CA 94105 825 Fifth Street Eureka, CA 95501 Chief, Fuel Cycle and Decommissioning Branch, Region IV Mr. Steve Hsu U.S. Nuclear Regulatory Commission Radiologic Health Branch 611 Ryan Plaza Drive, Suite 400 State Department of Health Services Arlington, TX 76011-8064 P.O. Box 997414 (MS 7610)

Sacramento, CA 95899-7414 Public Affairs Officer, Region IV U.S. Nuclear Regulatory Commission Regional Administrator, Region IV 611 Ryan Plaza Drive, Suite 400 U.S. Nuclear Regulatory Commission Arlington, TX 76011-8064 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Mr. S. Anton Licensing Manager Redwood Alliance Holtec International P.O. Box 293 555 Lincoln Drive West Arcata, CA 95521 Marlton, NJ 08053 Dr. Rich Ferguson, Energy Chair Sierra Club California 1100 11th Street, Suite 311 Sacramento, CA 94814 Mr. Truman Burns Mr. Robert Kinosian California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102