ML063540042

Proprietary Letter, Withholding Information from Public Disclosure, Gnf Additional Information,

ML063540042
Person / Time
Site:	Browns Ferry
Issue date:	03/05/2007
From:	Chernoff M NRC/NRR/ADRO/DORL/LPLII-2
To:	Crouch W Tennessee Valley Authority
Brown Eva, NRR/DORL, 415-2315
References
TAC MD1721
Download: ML063540042 (4)

Text

March 5, 2007 Mr. William D. Crouch Manager of Licensing and Industry Affairs Tennessee Valley Authority PO Box 2000 Decatur, AL 35609-2000

SUBJECT:

GLOBAL NUCLEAR FUEL - AMERICAS, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNIT 1 (TAC NO. MD1721)

Dear Mr. Crouch:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated November 6, 2006, you submitted an affidavit dated November 2, 2006, executed by Mr. Jens G. M. Andersen of Global Nuclear Fuel - Americas, L.L.C (GNF-A), 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:

GNF Additional Information Regarding the Requested Changes to the Technical Specification SLMCPR Browns Ferry Unit 1 Cycle 7, 2 November, 2006 The information was contained in Enclosure 1 of the Tennessee Valley Authoritys (TVA) letter to NRC dated November 6, 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:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A 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 most of the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. The exception is the last sentence in section 2.2.1.

This decision is based on information obtained by means of a conference call that was held

W. Crouch March 5, 2007 between the NRC staff, TVA, and GNF representatives. During this discussion a GNF representative informed the NRC that the information in this sentence is not proprietary. The last sentence in section 2.2.1 may be released to the public upon request.

The remainder 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 301-415-4041.

Sincerely,

/RA/

Margaret H. Chernoff, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-259 cc: See next page

ML063540042 NRR-084 OFFICE LPL2-2/PE LPL2-2/PM LPL2-2/LA SRXB/BC LPL2-2/BC NAME MChernoff for MChernoff BClayton GCranston LRaghavan MGutierrez DATE 2/23/07 2/23/07 2/22/07 3/5/07 3/5/07 BROWNS FERRY NUCLEAR PLANT cc:

Mr. Karl W. Singer Chief Nuclear Officer and Exec. VP Mr. Robert G. Jones, General Manager Tennessee Valley Authority Browns Ferry Site Operations 6A Lookout Place Browns Ferry Nuclear Plant 1101 Market Street Tennessee Valley Authority Chattanooga, TN 37402-2801 P.O. Box 2000 Decatur, AL 35609 Mr. Ashok S. Bhatnagar, Senior Vice President Nuclear Operations Mr. Larry S. Mellen Tennessee Valley Authority Browns Ferry Unit 1 Project Engineer 6A Lookout Place Division of Reactor Projects, Branch 6 1101 Market Street U.S. Nuclear Regulatory Commission Chattanooga, TN 37402-2801 61 Forsyth Street, SW.

Suite 23T85 Mr. Larry S. Bryant, Vice President Atlanta, GA 30303-8931 Nuclear Engineering & Technical Services Tennessee Valley Authority Ms. Beth A. Wetzel, Manager 6A Lookout Place Corporate Nuclear Licensing 1101 Market Street and Industry Affairs Chattanooga, TN 37402-2801 Tennessee Valley Authority 4X Blue Ridge Brian OGrady, Site Vice President 1101 Market Street Browns Ferry Nuclear Plant Chattanooga, TN 37402-2801 Tennessee Valley Authority P.O. Box 2000 Mr. Jens G. Andersen Decatur, AL 35609 Global Nuclear Fuel-Americas L.L.C.

3901 Castle Hayne Road Mr. Preston D. Swafford, Senior Vice President Wilmington, NC 28401 Nuclear Support Tennessee Valley Authority Senior Resident Inspector 6A Lookout Place U.S. Nuclear Regulatory Commission 1101 Market Street Browns Ferry Nuclear Plant Chattanooga, TN 37402-2801 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, General Manager Montgomery, AL 36130-3017 Nuclear Assurance Tennessee Valley Authority Chairman 6A Lookout Place Limestone County Commission 1101 Market Street 310 West Washington Street Chattanooga, TN 37402-2801 Athens, AL 35611 Mr. Bruce Aukland, Plant Manager 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. Masoud Bajestani, Vice President Browns Ferry Unit 1 Restart Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609