ML062170004

Proprietary Letter, Request for Withholding Information on EPU Round 3 (TS-431)

ML062170004
Person / Time
Site:	Browns Ferry
Issue date:	08/21/2006
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Stramback G General Electric Co
REGNER, Lisa, DORL/LPL2-2, 415-1906
References
TAC MC3743, TAC MC3744, TAC MC3812
Download: ML062170004 (6)

Text

August 21, 2006 Mr. George B. Stramback Manager, Regulatory Services GE Nuclear Energy 1989 Little Orchard Street M/C HME San Jose, CA 95125-1030

SUBJECT:

GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 (TAC NOS. MC3812, MC3743, AND MC3744)

Dear Mr. Stramback:

In two letters, both dated March 7, 2006, the Tennessee Valley Authority submitted affidavits, both dated March 2, 2006, and executed by Mr. George B. Stramback, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 390: to Response to NRC Round 3 Requests for Additional Information Related to Technical Specification (TS) Change No. TS-431 - Request for Extended Power Uprate Operation for Unit 1 (TAC No. MC3812) to Response to NRC Round 3 Requests for Additional Information Related to Technical Specification (TS) Change No. TS-418 - Request for Extended Power Uprate Operation for Units 2 and 3 (TAC Nos. MC3743 and MC3744)

Nonproprietary copies of these document have been placed in the Nuclear Regulatory Commission's (NRC's) 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:

(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.

G. Stramback We have reviewed your applications and the materials 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 versions 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 Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, 50-296 cc: See next page

ML062170004 NRR-084 OFFICE LPL2-2/PM LPL2-2/PM LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME LRegner EBrown MChernoff BClayton LRaghavan DATE 08/17/06 08/18/06 08/18/06 08/17/06 08/21/06

Mr. George B. Stramback BROWNS FERRY NUCLEAR PLANT cc:

Mr. Karl W. Singer Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801 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, General Manager Nuclear Engineering 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. 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 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. George B. Stramback BROWNS FERRY NUCLEAR PLANT cc: 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