ML18333A227

Request for Withholding Information from Public Disclosure, Affidavit Dated October 18, 2018, Executed by Mr. Bruce Rash of APS

ML18333A227
Person / Time
Site:	Palo Verde
Issue date:	12/04/2018
From:	Siva Lingam Plant Licensing Branch IV
To:	Bement R Arizona Public Service Co
Lingam S, 301-415-1564
References
EPID L-2018-LLA-0194
Download: ML18333A227 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555--0001 December 4, 2018 Mr. Robert S. Bement Executive Vice President Nuclear/

Chief Nuclear Officer Arizona Public Service Company P.O. Box 52034, Mail Station 7602 Phoenix, AZ 85072-2034

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0194)

Dear Mr. Bement:

By letter dated October 18, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18296A466), Arizona Public Service Company (APS, the licensee) submitted an affidavit dated October 18, 2018, to the U.S. Nuclear Regulatory Commission (NRC), executed by Mr. Bruce Rash, Vice President, Nuclear Engineering, of APS, requesting that the information contained in the following document (Attachment 3 of the letter dated October 18, 2018) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations ( 10 CFR), Part 2, Section 2.390:

Response to NRC Questions [Proprietary Version]

A non-proprietary copy of this document contained in Attachment 1 of the enclosure to your letter dated October 18, 2018, has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS at the above-referenced Accession No. ML18296A466.

The October 18, 2018, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) APS has a non-disclosure agreement with Westinghouse Electric Company LLC ("Westinghouse"), Framatome, and Structural Integrity Associates, Inc. (SI) (the NOA is referred to as the "Westinghouse-AREVA-SI-APS NOA"), under which Westinghouse and Framatome have provided to APS certain proprietary and confidential information contained in the Document.

(b) The information reveals details of Westinghouse's, APS's, and/or Framatome's research and development plans and programs, or the results of these plans and programs.

R. Bement (c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive commercial advantage for Westinghouse, APS, and/or Framatome.

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

(e) The unauthorized use of the information by one of Westinghouse's, APS's, and/or Framatome'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, APS, and/or Framatome, would be helpful to their competitors, and would likely cause substantial harm to the competitive position of Westinghouse, APS, and/or Framatome.

(g) It reveals aspects of past, present, or future Westinghouse, Framatome, or APS funded development plans and programs of potential commercial value.

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 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.

R. Bement If you have any questions regarding this matter, please contact me at 301-415-1564 or via e-mail at Siva.Lingam@nrc.gov.

Sincerely,

~~-~

Siva P. Lingam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: Mr. Bruce Rash Vice President, Nuclear Engineering Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034 Listserv

ML18333A227 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DSS/SNPB/BC NAME SLingam PBlechman RLukes DATE 11/30/18 11/29/18 12/03/18 OFFICE NRR/DSS/SRXB/BC NRR/DORL/LPL4/BC NRR/DORL/LPL4/PM NAME JWhitman RPascarelli SLingam DATE 11/30/18 12/04/18 12/04/18