ML070570013
| ML070570013 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/01/2007 |
| From: | Wang A NRC/NRR/ADRO/DORL/LPLIV |
| To: | Gresham J Westinghouse |
| Wang, A B, NRR/DORL/LPLIV, 415-1445 | |
| References | |
| CAW-06-2224, TAC MD3992, TAC MD3993 | |
| Download: ML070570013 (4) | |
Text
March 1, 2007 Mr. J. A. Gresham Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DIABLO CANYON POWER PLANT, UNITS 1 AND 2 (CAW-06-2224)(TAC NOS. MD3992 AND MD3993)
Dear Mr. Gresham:
By letter dated December 18, 2006, Westinghouse Electric Company submitted an affidavit dated December 18, 2006, executed by you, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:
Westinghouse Proprietary Class 2, Table 1, Feedwater Isolation SG [Steam Generator] Water Level-High High (P-14)
A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.
(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 the 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.
J. A. Gresham We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the information in the document entitled, Westinghouse Proprietary Class 2, Table 1, Feedwater Isolation SG Water Level-High High (P-14), 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) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: See next page
J. A. Gresham We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the information in the document entitled, Westinghouse Proprietary Class 2, Table 1, Feedwater Isolation SG Water Level-High High (P-14), 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) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: See next page DISTRIBUTION:
PUBLIC LPLIV r/f RidsNrrDorlLpl4 (DTerao)
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Diablo Canyon Power Plant, Units 1 and 2 cc:
NRC Resident Inspector Antonio Fernández, Esq.
Diablo Canyon Power Plant Pacific Gas & Electric Company c/o U.S. Nuclear Regulatory Commission P.O. Box 7442 P.O. Box 369 San Francisco, CA 94120 Avila Beach, CA 93424 City Editor Sierra Club San Lucia Chapter The Tribune ATTN: Andrew Christie 3825 South Higuera Street P.O. Box 15755 P.O. Box 112 San Luis Obispo, CA 93406 San Luis Obispo, CA 93406-0112 Ms. Nancy Culver Director, Radiologic Health Branch San Luis Obispo State Department of Health Services Mothers for Peace P.O. Box 997414, MS 7610 P.O. Box 164 Sacramento, CA 95899-7414 Pismo Beach, CA 93448 Mr. James D. Boyd, Commissioner Chairman California Energy Commission San Luis Obispo County 1516 Ninth Street (MS 31)
Board of Supervisors Sacramento, CA 95814 1055 Monterey Street, Suite D430 San Luis Obispo, CA 93408 Mr. James R. Becker, Vice President Diablo Canyon Operations Mr. Truman Burns and Station Director Mr. Robert Kinosian Diablo Canyon Power Plant California Public Utilities Commission P.O. Box 56 505 Van Ness, Room 4102 Avila Beach, CA 93424 San Francisco, CA 94102 Jennifer Tang Diablo Canyon Independent Safety Field Representative Committee United States Senator Barbara Boxer ATTN: Robert R. Wellington, Esq. 1700 Montgomery Street, Suite 240 Legal Counsel San Francisco, CA 94111 857 Cass Street, Suite D Monterey, CA 93940 Mr. John S. Keenan Senior Vice President Regional Administrator, Region IV and Chief Nuclear Officer U.S. Nuclear Regulatory Commission Pacific Gas and Electric Company Harris Tower & Pavillion Diablo Canyon Power Plant 611 Ryan Plaza Drive, Suite 400 P.O. Box 770000, Mail Code B32 Arlington, TX 76011-8064 San Francisco, CA 94177-0001 January 2007