ML030840040

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Global Nuclear Fuel-Americas, LLC (GNF-A) Request for Withholding Information from Public Disclosure
ML030840040
Person / Time
Site: Browns Ferry Tennessee Valley Authority icon.png
Issue date: 03/25/2003
From: Jabbour K
NRC/NRR/DLPM
To: Andersen J
Global Nuclear Fuel
Jabbour K, NRR/DLPM, 415-1496
References
TAC MB6811
Download: ML030840040 (4)


Text

March 25, 2003 Mr. Jens G. Andersen, Fellow and Project Manager TRAGG Development, and Ms. Margaret Harding, Manager Fuel Engineering Services Global Nuclear Fuel - Americas, LLC P.O. Box 780 Wilmington, North Carolina 28402

SUBJECT:

GLOBAL NUCLEAR FUEL - AMERICAS, LLC (GNF-A) REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNIT 2 (TAC NO. MB6811)

Dear Mr. Andersen and Ms. Harding:

By letters dated October 25 and December 20, 2002, and February 11 and 21, 2003, the Tennessee Valley Authority (TVA or the licensee) submitted affidavits dated October 15 and December 16, 2002, and February 5 and 20, 2003, respectively. The first three affidavits are executed by Mr. Andersen and the fourth one is executed by Ms. Harding. Both requested that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790: (1) Browns Ferry Nuclear Plant (BFN) - Unit 2 -

Safety Limit Minimum Critical Power Ratio (SLMCPR) - Cycle 13 Operation, (2) Browns Ferry Nuclear Plant (BFN) - Unit 2 - Safety Limit Minimum Critical Power Ratio (SLMCPR) - Cycle 13 Operation - Supplemental Information, (3 and 4 have the same subject) Browns Ferry Nuclear Plant (BFN) - Unit 2 - Safety Limit Minimum Critical Power Ratio (SLMCPR) - Cycle 13 Operation - Response to NRC Request for Additional Information (TAC No. MB6811).

Nonproprietary versions of these documents have been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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

1.

Use of the information 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.

2.

The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies.

3.

The information contains details of GNF-As fuel design and licensing methodology. The development of the methods used in these analyses, along with the testing, development and approval of the supporting methodology was

J. Andersen and M. Harding achieved at a significant cost, on the order of several million dollars, to GFN-A and its licensor.

4.

The information is vital to GNF-As competitive advantage which 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.

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 version of the submitted information 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 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 301-415-1496.

Sincerely,

/RA/

Kahtan N. Jabbour, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-260 cc: See next page

ML030840040 OFFICE PDII-2/PM PDII-2/LA SRXB/SC OGC PDII/SC NAME KJabbour BClayton RCaruso MPSiemien AHowe DATE 03/5/03 03/5/03 03/8/03 03/18/03 03/24/03

Tennessee Valley Authority BROWNS FERRY NUCLEAR PLANT cc:

Mr. J. A. Scalice Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801 Mr. Karl W. Singer, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. James E. Maddox, Acting Vice President 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. 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 P.O. Box 149 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