ML020370649
| ML020370649 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 02/06/2002 |
| From: | Hansen A NRC/NRR/DLPM/LPD2 |
| To: | Watford G Global Nuclear Fuel |
| Hansen A, NRR/DLPM, 415-1390 | |
| References | |
| TAC MB3485 | |
| Download: ML020370649 (5) | |
Text
February 6, 2002 Mr. Glen A. Watford Global Nuclear Fuel-Americas, L.L.C.
3902 Castle Hayne Road Wilmington, NC 28402
SUBJECT:
GLOBAL NUCLEAR FUEL-AMERICAS, L.L.C., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT UNIT 3 (TAC NO. MB3485)
Dear Mr. Watford:
By letter dated November 1, 2001, Tennessee Valley Authority submitted an affidavit dated October 10, 2001, executed by you, requesting that the following document be withheld from public disclosure pursuant to Title 10, Code of Federal Regulations (10 CFR) Section 2.790:
Global Nuclear Fuel-Americas, L.L.C. Entitled Additional Information Regarding the Cycle Specific SLMCPR for Browns Ferry Unit 3 Cycle 11.
A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission (NRC) public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(4)a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Global Nuclear Fuel-Americas, L.L.C.s (GNF-As) competitors without license from GNF-A constitutes a competitive economic advantage over other companies.
(4)b.
Information which, if used 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 of a similar product.
(8)
The information identified is proprietary because it contains details of GNF-As fuel design and licencing methodology.
The development of the methods used in these analyses, along with the testing, development, and approval methodology was achieved at a significant cost, on the order of several million dollars, to GNF-A or its licensor.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the
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availability of profit-making opportunities. The fuel design and licensing methodology is part of GNF-A's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost.
The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GNF-A or its licensor.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
GNF-As competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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 submitted documents marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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
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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) 415-1390.
Sincerely,
/RA by J. Goshen Acting for/
Allen G. Hansen, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-296 cc: See next page
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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) 415-1390.
Sincerely,
/RA by J. Goshen Acting for/
Allen G. Hansen, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-296 cc: See next page DISTRIBUTION PUBLIC BClayton (Hard Copy)
PFredrickson, RII PDII-2 R/F AHansen HBerkow RCorreia MPSiemien,OGC ADAMS Accession Number:ML020370649
- See previous concurrence OFFICE PDII-2/PM PDII-2/LA OGC*
PDII-2/SC NAME JGoshen for AHansen BClayton MPSiemien RCorreia DATE 02/04/02 02/04/02 01/29/02 02/04/02 OFFICIAL RECORD COPY
Mr. J. A. Scalice BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority cc:
Mr. Karl W. Singer, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Jon R. Rupert, Vice President (Acting)
Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Ashok S. Bhatnagar, Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 General Counsel Tennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902 Mr. Robert J. Adney, General Manager Nuclear Assurance Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Robert G. Jones, Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. J. A. Scalice Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Mark J. Burzynski, Manager Nuclear Licensing Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. Timothy E. Abney, Manager Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Senior Resident Inspector U.S. Nuclear Regulatory Commission Browns Ferry Nuclear Plant l0833 Shaw Road Athens, AL 35611 State Health Officer Alabama Dept. of Public Health RSA Tower - Administration Suite 1552 P.O. Box 303017 Montgomery, AL 36130-3017 Chairman Limestone County Commission 310 West Washington Street Athens, AL 35611