ML16113A009

Diablo Canyon, Units 1 and 2 - Request for Withholding Information from Public Disclosure, 12/20/12 and 2/26/13 Affidavits Executed by R. Shaffer, Invensys Operations Management Six Proprietary Documents (CAC Nos. ME7522 and ME7523)

ML16113A009
Person / Time
Site:	Diablo Canyon
Issue date:	04/28/2016
From:	Singal B K Plant Licensing Branch IV
To:	Halpin E D Pacific Gas & Electric Co
Singal B K
References
CAC ME7522, CAC ME7523
Download: ML16113A009 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Edward D. Halpin Senior Vice President, Generation and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Power Plant P.O. Box 56, Mail Code 104/6 Avila Beach, CA 93424 April 28, 2016

SUBJECT:

DIABLO CANYON POWER PLANT, UNITS 1 AND 2 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. ME7522 AND ME7523)

Dear Mr. Halpin:

By letter dated March 25, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 13093A311

), Pacific Gas and Electric (PG&E) submitted information to support a license amendment request at Diablo Canyon Power Plant, Units 1 and 2 (DCPP), to replace the Eagle 21 digital process protection system (PPS) with a new digital PPS. The information included affidavits 993754-AFF-52T, dated December 20, 2012, 1 and 993754-AFF-54T, dated February 26, 2013,2 executed by Mr. Roman Shaffer, Project Manager, DCPP PPS Replacement

Project, Invensys Operations Management (IOM), requesting that information contained in the following documents be withheld from public disclosure pursuant to the Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: 1. IOM Document, "993754-1-802, Revision 3, Pacific Gas and Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Software Verification and Validation Plan (SWP)," dated December 18, 2012 (Proprietary)

2. IOM Document, "993754-1-813, Revision 2, Pacific Gas & Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Validation Test Plan (VTP)," dated December 18, 2012 (Proprietary)

3. IOM Document, "993754-1-905, Revision 3, Pacific Gas & Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Project Management Plan (PMP)," dated December 18, 2012 (Proprietary)

4. IOM Document, "993754-1-906, Revision 2, Pacific Gas & Electric Company Nuclear Safety-Related Process Protection System 1 Applies to documents 1 through 5. 2 Applies to document

6.

E. Halpin Replacement, Diablo Canyon Power Plant, Software Development Plan (SOP)," dated December 18, 2012 (Proprietary)

5. IOM Document, "993754-1-909, Revision 1, Pacific Gas & Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Software Configuration Management Plan (SCMP),"

dated December 18, 2012 (Proprietary)

6. IOM Document, "993754-11-810, Revision 0, Pacific Gas & Electric Company Nuclear Safety-Related Process Protection System Replacement, Diablo Canyon Power Plant, Software Design Description (SOD)," dated February 25, 2013 (Proprietary)

Nonproprietary versions of the following documents have been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in ADAMS:

• IOM Document, "993754-1-802, Revision 3" (ADAMS Accession No. ML 13093A313)

• IOM Document, "993754-1-813, Revision 2" (ADAMS Accession No. ML 13093A315)

• IOM Document, "993754-1-905, Revision 3" (ADAMS Accession No. ML 13093A316)

• IOM Document, "993754-1-906, Revision 2" (ADAMS Accession No. ML 13093A317)

• IOM Document, "993754-'1-909, Revision 1" (ADAMS Accession No. ML 13093A318)

Due to the extent of proprietary information found in the following

document, IOM was not required to submit a non-proprietary version of IOM Document, "993754-11-810, Revision O." The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) Information which discloses

process, method, or apparatus, including supporting data and analyses, where prevention of its use by Invensys Operations Management's competitors without license or contract from Invensys constitutes a competitive economic advantage over other companies in the industry.

(b) Information, which if used by competitors, would reduce their expenditure of resources or improve their competitive position in the design, manufacture,

shipment, application, installation, assurance of quality, or licensing of a similar product.

E. Halpin (c) (d) (e) (f) Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of Invensys Operations Management, its customers, its partners, or its suppliers.

Information which reveals aspects of past, present, or future Invensys Operation Management customer-funded development plans or programs, of potential commercial value to Invensys.

Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

Information obtained through Invensys Operation Management actions which could reveal additional insights into nuclear equipment qualification processes, customer applications, and regulatory proceedings, and which are not otherwise readily obtainable by a competitor.

We have reviewed your submittal in accordance with the requirements of 10 GFR 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 GFR 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 NRG. You also should understand that the NRG 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 NRG makes a determination adverse to the above, you will be notified in advance of any public disclosure.

E. Halpin If you have any questions regarding this matter, I may be reached at 301-415-3016.

Docket Nos. 50-275 and 50-323 cc: Roman Shaffer, Project Manager DCPP PPS Replacement Project Invensys Operations Management 26561 Rancho Parkway South Lake Forest, CA 92630 Additional distribution via Listserv Sincerely, 1=>

Balwant K. Singal, Senior Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation E. Halpin If you have any questions regarding this matter, I may be reached at 301-415-3016.

Docket Nos. 50-275 and 50-323 cc: Roman Shaffer, Project Manager DCPP PPS Replacement Project Invensys Operations Management 26561 Rancho Parkway South Lake Forest, CA 92630 Additional distribution via Listserv DISTRIBUTION:

PUBLIC LPL4-1 R/F RidsACRS_MailCTR Resource RidsNrrDeEicb Resource RidsNrrDorllpl4-1 Resource ADAMS Accession No.: ML16113A009 Sincerely, IRA/ Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation RidsNrrLAJBurkhardt Resource RidsNrrPMDiabloCanyon Resource RidsRgn4MailCenter Resource

RStattel, NRR/DE/EICB OFFICE N RR/DORL/LPL4-1

/PM NRR/DORL/LPL4-1/LA NRR/DE/EICB/BC NAME BSingal JBurkhardt MWaters DATE 4/22/2016 4/22/2016 4/24/2016 OFFICE N RR/DORL/LPL4-1

/BC NRR/DORL/LPL4-1

/PM NAME RPascarelli BSingal DATE 4/28/2016 4/28/2016 OFFICIAL RECORD COPY