ML062130128

RAI, Extended Power Uprate Request for Withholding Information from Public Disclosure (CDI Report No.05-28P)

ML062130128
Person / Time
Site:	Browns Ferry
Issue date:	08/08/2006
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Bilanin A Continuum Dynamics
Brown Eva, NRR/DORL, 415-2315
References
TAC MC3743, TAC MC3744, TAC MC3812
Download: ML062130128 (5)

Text

August 8, 2006 Mr. Alan J. Bilanin Continuum Dynamics, Incorporated 34 Lexington Avenue Ewing, New Jersey 08616-2302

SUBJECT:

BROWNS FERRY UNITS 1, 2 AND 3 - REQUEST FOR ADDITIONAL INFORMATION REGARDING EXTENDED POWER UPRATE REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MC3812, MC3743, AND MC3744) (TS-418 AND TS-431)

Dear Mr. Bilanin:

By letter dated May 5, 2006, which contained an affidavit dated May 4, 2006, the Tennessee Valley Authority submitted Continuum Dynamics Incorporated (CDI) Report No.05-28P, Bounding Methodology to Predict Full Scale Steam Dryer Loads from In-Plant Measurements, Revision 1 (05-28P) and requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390.

Section 2.390(b)(1)(ii) of 10 CFR Part 2 of the Nuclear Regulatory Commissions (NRCs) regulations requires that each supporting affidavit contain a full statement of the basis for your claim that the information should be withheld from public disclosure. The section further requires the statement to address with specificity the considerations listed in 10 CFR 2.390(b)(4).

Your affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and the NRC staff has determined that the entire report was identified as proprietary even though it appears, in places, not to contain commercial information that would meet the criteria for withholding from public disclosure as stated in 10 CFR 2.390(b)(4)(iv). For example, the NRC staff notes that most of the information provided in Section II of 05-28P is included and is also publicly available in CDI Report No. 06-11, Hydrodynamic Loads on Browns Ferry Nuclear Unit 1 Steam Dryer to 200 Hz, Revision 1. Thus it is not clear how the entire report could be proprietary.

In summary, we have determined that your affidavit is not in conformity with 10 CFR 2.390(b) of the Commissions regulations inasmuch as it fails to address the considerations of paragraph (b)(4)(iv) with sufficient specificity to enable us to make the required determination under 10 CFR 2.390(b). Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.

In accordance with 10 CFR 2.390(c), the information sought to be withheld will be placed in the Commissions Public Document Room 30 days after your receipt of this letter unless you either seek to withdraw the information requested to be withheld or provide the NRC with an amended affidavit meeting the requirements of 10 CFR 2.390(b). If you request that the information be

A. Bilanin withdrawn, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you. If you have any questions, please contact me at (301) 415-2315.

Sincerely,

/RA/

Eva A. Brown, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260 and 50-296 cc: See next page

ML062130128 NRR-106 OFFICE LPL2-2/PM LPL2-2/PM LPL2-2/LA LPL2-2/LA LPL2-2/BC NAME EBrown MChernoff BClayton KGoldstein LRaghavan DATE 8/7/06 8/7/06 8/1/06 8/1/06 8/8/06

Alan J. Bilanin BROWNS FERRY NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Bryant, Vice President Nuclear Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Brian OGrady, Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Robert J. Beecken, Vice President Nuclear Support Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 General Counsel Tennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902 Mr. John C. Fornicola, Manager Nuclear Assurance and Licensing Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Bruce Aukland, Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Masoud Bajestani, Vice President Browns Ferry Unit 1 Restart Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Robert G. Jones, General Manager Browns Ferry Site Operations Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Larry S. Mellen Browns Ferry Unit 1 Project Engineer Division of Reactor Projects, Branch 6 U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW.

Suite 23T85 Atlanta, GA 30303-8931 Mr. Glenn W. Morris, Manager Corporate Nuclear Licensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. William D. Crouch, 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 10833 Shaw Road Athens, AL 35611-6970 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