ML051570381

Fanp, Withholding Information from Public (TACs MC3743, MC3744)

ML051570381
Person / Time
Site:	Browns Ferry
Issue date:	06/29/2005
From:	Ellen Brown NRC/NRR/DLPM/LPD2
To:	Holm J Framatome ANP
Brown E, NRR/DLPM, 415-2315
Shared Package
ML051870442	List: ML051570381
References
TAC MC3743, TAC MC3744
Download: ML051570381 (4)

Text

June 29, 2005 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 February 23, 2005, Tennessee Valley Authority submitted an affidavit dated February 17, 2005, executed on your behalf, requesting that information contained in the enclosure to the Browns Ferry Nuclear Plant (BFN) Units 2 and 3 Response for NRCs Acceptance Review Letter and Request for Additional Information for the Extended Power Uprate (ML050560337) 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 Commission's (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:

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.

J. 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, feel free to contact me 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

ML051570381 NRR-084 OFFICE PDII-2/PM PDII-2/PM PDII-2/LA PDII-2/SC NAME EBrown for EBrown BClayton MMarshall SLewis DATE 6/ 21 /05 6/ 20 /05 6/ 17 /05 6/ 29 /05 Mr. Karl W. Singer BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Mr. Fredrick C. Mashburn Nuclear Operations Senior Program Manager Tennessee Valley Authority Nuclear Licensing 6A Lookout Place Tennessee Valley Authority 1101 Market Street 4X Blue Ridge Chattanooga, TN 37402-2801 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Bryant, General Manager Nuclear Engineering Manager Tennessee Valley Authority Licensing and Industry Affairs 6A Lookout Place Browns Ferry Nuclear Plant 1101 Market Street Tennessee Valley Authority Chattanooga, TN 37402-2801 P.O. Box 2000 Decatur, AL 35609 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 35611-6970 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 Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609