ML19337A499

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Request for Withholding Information from Public Disclosure Related to 11/14/19 Affidavit Executed by K. Hosack, Westinghouse
ML19337A499
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 12/18/2019
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: ML19337A499 (3)


Text

December 18, 2019 Mr. Robert S. Bement 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 (EPID L-2018-LLA-0194)

Dear Mr. Bement:

By letter dated November 26, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19331A361), Arizona Public Service Company (the licensee) submitted an affidavit dated November 14, 2019, to the U.S. Nuclear Regulatory Commission (NRC), executed by Mr. Korey L. Hosack, Manager, Licensing, Analysis, and Testing, of Westinghouse Electric Company LLC (Westinghouse), requesting that the information contained in the following document (Attachment 10 of the letter dated November 26, 2019) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

APS Supplemental Responses to NRC Request for Additional Information.

A non-proprietary copy of this document contained in Attachment 8 of the enclosure to your letter dated November 26, 2019, has been placed in the NRCs Public Document Room and added to the NRC Library in ADAMS at the above-referenced Accession No. ML19331A361.

The affidavit dated November 14, 2019, 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 Westinghouses competitors without license from Westinghouse constitutes a competitive 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.

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, please contact me at 301-415-1564 or via e-mail at Siva.Lingam@nrc.gov.

Sincerely,

/RA/

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. Korey L. Hosack Manager, Product, Analysis, and Testing Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, PA 16066 Listserv

ML19337A499 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DSS/SFNB/BC NAME SLingam PBlechman RLukes DATE 12/3/19 12/3/19 12/4/19 OFFICE NRR/DSS/SNSB/BC(A)

NRR/DORL/LPL4/BC NRR/DORL/LPL4/PM NAME JBorromeo JDixon-Herrity SLingam DATE 12/17/19 12/18/19 12/18/19