ML063130573

Proprietary Letter, Withholding from Public Disclosure Supplemental Response to Round 3 RAI (TAC No. MC3743 and MC3744)

ML063130573
Person / Time
Site:	Browns Ferry
Issue date:	11/17/2006
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Holm J AREVA NP
Brown Eva, NRR/DORL, 415-2315
References
TAC MC3743, TAC MC3744
Download: ML063130573 (5)

Text

November 17, 2006 Mr. Jerald S. Holm, Manager Product Licensing AREVA NP, Inc.

2101 Horn Rapids Road Richland, WA 99352

SUBJECT:

AREVA NP, INC., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNITS 2 AND 3, SUPPLEMENTAL RESPONSE TO ROUND 3 REQUEST FOR ADDITIONAL INFORMATION (TAC NOS. MC3743 AND MC3744)

Dear Mr. Holm:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated October 19, 2006, AREVA NP, Inc. submitted an affidavit dated October 17, 2006, executed by you, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Browns Ferry Nuclear Plant (BFN) - Units 2 and 3 - Supplemental Response to NRC Round 3 Request for Additional Information (RAI) Related to Technical Specifications (TS) Change No. TS-418 - Extended Power Uprate Operation EPU (TAC Nos. MC3743 and MC3744)

The information is contained in Enclosure 1 to TVA's letter to NRC dated May 11, 2006. A nonproprietary copy of this document has been placed in the 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:

b. 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.

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

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.

J. Holm 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 Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-260 and 50-296 cc: See next page

J. Holm 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 Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-260 and 50-296 cc: See next page DISTRIBUTION:

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AMuniz ADAMS Accession Number: ML063130573 NRR-084 OFFICE LPL3-1/PE LPL2-2/PM LPL2-2/LA OGC LPL2-2/BC NAME AMuniz EBrown BClayton LSlaggie LRaghavan DATE 11/15/09 11/15/06 11/15/06 11/16/06 11/17/06 OFFICIAL RECORD COPY

J. Holm BROWNS FERRY NUCLEAR PLANT cc:

Mr. Karl W. Singer Mr. Bruce Aukland, Plant Manager Chief Nuclear Officer and Exec. VP Browns Ferry Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority 6A Lookout Place P.O. Box 2000 1101 Market Street Decatur, AL 35609 Chattanooga, TN 37402-2801 Mr. Robert G. Jones, General Manager Mr. Ashok S. Bhatnagar, Senior Vice President Browns Ferry Site Operations Nuclear Operations Browns Ferry Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority 6A Lookout Place P.O. Box 2000 1101 Market Street Decatur, AL 35609 Chattanooga, TN 37402-2801 Mr. Russsell R. Thompson, Acting Manager Mr. Larry S. Bryant, Vice President Corporate Nuclear Licensing Nuclear Engineering & Technical Services and Industry Affairs 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 Brian OGrady, Site Vice President Mr. Robert H. Bryan, Jr., General Manager Browns Ferry Nuclear Plant Licensing and Industry Affairs Tennessee Valley Authority Tennessee Valley Authority P.O. Box 2000 4X Blue Ridge Decatur, AL 35609 1101 Market Street Chattanooga, TN 37402-2801 Mr. Robert J. Beecken, Vice President Nuclear Support Mr. William D. Crouch, 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 General Counsel Tennessee Valley Authority Senior Resident Inspector ET 11A U.S. Nuclear Regulatory Commission 400 West Summit Hill Drive Browns Ferry Nuclear Plant Knoxville, TN 37902 10833 Shaw Road Athens, AL 35611-6970 Mr. John C. Fornicola, General Manager Nuclear Assurance State Health Officer Tennessee Valley Authority Alabama Dept. of Public Health 6A Lookout Place RSA Tower - Administration 1101 Market Street Suite 1552 Chattanooga, TN 37402-2801 P.O. Box 303017 Montgomery, AL 36130-3017 Chairman Limestone County Commission 310 West Washington Street Athens, AL 35611