ML042370100

Browns Ferry, Ltr, Framatome Proprietary Review

ML042370100
Person / Time
Site:	Browns Ferry
Issue date:	08/23/2004
From:	Ellen Brown NRC/NRR/DLPM/LPD2
To:	Holm J Framatome ANP
Brown Eva, NRR/DLPM, 415-2315
Shared Package
ML042370121	List: ML042370100
References
TAC MC3743, TAC MC3744
Download: ML042370100 (4)

Text

August 23, 2004 Mr. Jerald S. Holm, Manager Product Licensing Framatome ANP, Inc.

2101 Horn Rapids Road Richland, Washington 99352

SUBJECT:

FRAMATOME ANP, INC. (FANP) REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNITS 2 AND 3 (TAC NOS. MC3743 AND MC3744)

Dear Mr. Holm:

By letter dated June 25, 2004 the Tennessee Valley Authority (TVA or the licensee) submitted an affidavit dated June 22, 2004. You have executed the affidavit requesting that EMF-2892(P), Browns Ferry Units 2 and 3 Safety Analysis Report for Extended Power Uprate ATRIUM'-10 Fuel Supplement, Revision 0, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.

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

1. The information reveals details of FANPs research and development plans and programs or their results.

2. Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

3. The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for FANP.

4. The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for FANP in product optimization or marketability.

5. The information is vital to a competitive advantage held by FANP, would be helpful to competitors to FANP, and would likely cause substantial harm to the competitive position of FANP.

Jerald S. Holm 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 version of 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, I may be reached at 301-415-2315.

Sincerely,

/RA/

Eva A. Brown, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-260 and 50-296 cc: See next page

ML042370100 NRR-084 OFFICE PDII-2/PM PDII-2/LA PDII/SC NAME EBrown BClayton MMarshall DATE 8/10/04 8/12/04 8/23/04 Mr. Karl W. Singer BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Mr. Robert G. Jones Nuclear Operations Browns Ferry Unit 1 Plant Restart Manager Tennessee Valley Authority Browns Ferry Nuclear Plant 6A Lookout Place Tennessee Valley Authority 1101 Market Street P.O. Box 2000 Chattanooga, TN 37402-2801 Decatur, AL 35609 Mr. James E. Maddox, Vice President Mr. Mark J. Burzynski, Manager Engineering & Technical Services Nuclear Licensing Tennessee Valley Authority Tennessee Valley Authority 6A Lookout Place 4X Blue Ridge 1101 Market Street 1101 Market Street Chattanooga, TN 37402-2801 Chattanooga, TN 37402-2801 Mr. Kurt Krueger, Plant Manager Mr. Timothy E. Abney, Manager Browns Ferry Nuclear Plant Licensing and Industry Affairs Tennessee Valley Authority Browns Ferry Nuclear Plant P.O. Box 2000 Tennessee Valley Authority Decatur, AL 35609 P.O. Box 2000 Decatur, AL 35609 Mr. Michael D. Skaggs, Site Vice President Browns Ferry Nuclear Plant Senior Resident Inspector Tennessee Valley Authority U.S. Nuclear Regulatory Commission P.O. Box 2000 Browns Ferry Nuclear Plant Decatur, AL 35609 10833 Shaw Road Athens, AL 35611 General Counsel Tennessee Valley Authority State Health Officer ET 11A Alabama Dept. of Public Health 400 West Summit Hill Drive RSA Tower - Administration Knoxville, TN 37902 Suite 1552 P.O. Box 303017 Mr. John C. Fornicola, Manager Montgomery, AL 36130-3017 Nuclear Assurance and Licensing Tennessee Valley Authority Chairman 6A Lookout Place Limestone County Commission 1101 Market Street 310 West Washington Street Chattanooga, TN 37402-2801 Athens, AL 35611 Mr. Jon R. Rupert, Vice President Browns Ferry Unit 1 Restart Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609