ML14006A224

Request for Proprietary Withholding of Information - 9/25/13 Affidavit Executed by J. Gresham, Westinghouse WCAP-17787

ML14006A224
Person / Time
Site:	Palo Verde
Issue date:	01/24/2014
From:	Jennivine Rankin Plant Licensing Branch IV
To:	Edington R Arizona Public Service Co
George A
References
TAC MF3143, TAC MF3144, TAC MF3145, WCAP-17787, Rev 0
Download: ML14006A224 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 24, 2014 Mr. Randall K. Edington Executive Vice President Nuclear/

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

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION, UNITS 1, 2, AND 3-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MF3143, MF3144, AND MF3145)

Dear Mr. Edington:

By letter dated November 20, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13329A700), Arizona Public Service Company (APS, the licensee),

submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) dated September 25, 2013 (ADAMS Accession No. ML13365A207), and executed by James A. Gresham, Westinghouse Electric Company. The affidavit requested that the information contained in the following corresponding document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390:

WCAP-17787, Revision 0, "Palo Verde Nuclear Generating Station STAR Program Implementation Report," August 2013.

A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS at Accession No. ML13329A038 (Attachment 6).

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

(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.

(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.

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.

R. Edington 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.

If you have any questions regarding this matter, I may be reached at (301) 415-1530 or by e-mail at Jennivine.Rankin@nrc.gov.

Sincerely, v~ ~---~ [_Q, ~~

Jennie K. Rankin, Project Manager

-C.-

Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-528, 50-529, and 50-530 cc: Mr. James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company Suite310 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv

ML14006A224 *via e-mail OFFICE NRR/DORLILPL4-1/PM NRR/DORLILPL4-1/PM N RR/DORLILPL4-1/LA NAME A George JRankin (BSingal for) JBurkhardt DATE 1/15/14 1/16/14 1/10/14 OFFICE NRR/DSS/SNPB/BC* NRR/DORLILPL4-1/BC NRR/DORLILPL4-1/PM NAME JDean MMarkley JRankin (BSingal for)

DATE 1/17/14 1/23/14 1/24/14