ML051660602

Ltr., Withholding Public Disclosure for GE Company (TACs MC3743, MC3744)

ML051660602
Person / Time
Site:	Browns Ferry
Issue date:	06/29/2005
From:	Ellen Brown NRC/NRR/DLPM/LPD2
To:	Stramback G General Electric Co
Brown Eva, NRR/DLPM, 415-2315
References
TAC MC3743, TAC MC3744
Download: ML051660602 (4)

Text

June 29, 2005 Mr. George B. Stramback, Manager Regulatory Services General Electric Nuclear Energy 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

GENERAL ELECTRIC COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNITS 2 AND 3 (TAC NOS. MC3743 AND MC3744)

Dear Mr. Stramback:

By letter dated June 25, 2004, Tennessee Valley Authority (TVA) submitted an affidavit dated June 17, 2004, executed on your behalf, requesting that 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:

NEDC-33047P, Revision 2, DRF 0000-0011-1328, Class III, Browns Ferry Units 2 and 3 Safety Analysis Report for Extended Power Uprate A nonproprietary version of this document has 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:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics competitors without license from General Electric constitutes a competitive economic advantage over other companies.

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.

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.

G. Stramback 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

ML051660602 Enclosure 2: ML042030127 NRR-084 OFFICE PDII-2/PM PDII-2/LA PDII-2/SC NAME EBrown BClayton MMarshall DATE 06/ 28 /05 06/ 28 /05 06/ 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