ML080450647

Request for Withholding Information from Public Disclosure

ML080450647
Person / Time
Site:	Browns Ferry
Issue date:	02/27/2008
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Campbell W Tennessee Valley Authority
Brown Eva, NRR/DORL, 415-2315
References
TAC MD5262, TAC MD5263, TAC MD5264
Download: ML080450647 (5)

Text

February 27, 2008 Mr. William R. Campbell, Jr.

Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD5262, MD5263, AND MD5264) (TS-431 AND TS-418)

Dear Mr. Campbell:

By letter dated December 11, 2006, Tennessee Valley Authority (TVA, the licensee) submitted an affidavit dated December 5, 2006, executed by George B. Stramback, General Electric Co.

(GE), 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:

Enclosure 1 to GE letter GE-ER1-AEP-06-354, Larry King (GE) to J. Valente (TVA),

GE Responses to NRC Request for Additional Information - SBWB-54/7, 55/80, 56/81 The information was contained in Enclosure 1 of TVAs letter dated December 11, 2006. A nonproprietary copy of this document has 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 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 or 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(s) 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.

W. Campbell, Jr. 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, Senior 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

ML080450647 NRR-106 OFFICE LPL3-1 LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME EBrown for EBrown BClayton TBoyce JPoole DATE 2/26/08 2/26/08 2/19/08 2/27/08 Page 1 of 2 Tennessee Valley Authority BROWNS FERRY NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar Ms. Beth A. Wetzel, Manager Senior Vice President Corporate Nuclear Licensing Nuclear Generation Development and Industry Affairs and Construction Tennessee Valley Authority Tennessee Valley Authority 4X Blue Ridge 6A Lookout Place 1101 Market Street 1101 Market Street Chattanooga, TN 37402-2801 Chattanooga, TN 37402-2801 Senior Resident Inspector Mr. James R. Douet U.S. Nuclear Regulatory Commission Vice President Browns Ferry Nuclear Plant Nuclear Support 10833 Shaw Road Tennessee Valley Authority Athens, AL 35611-6970 3R Lookout Place 1101 Market Street State Health Officer Chattanooga, TN 37402-2801 Alabama Dept. of Public Health RSA Tower - Administration Mr. H. Rick Rogers Suite 1552 Vice President P.O. Box 303017 Nuclear Engineering & Technical Services Montgomery, AL 36130-3017 Tennessee Valley Authority 3R Lookout Place Chairman 1101 Market Street Limestone County Commission Chattanooga, TN 37402-2801 310 West Washington Street Athens, AL 35611 General Counsel Tennessee Valley Authority Mr. Larry E. Nicholson, General Manager 6A West Tower Performance Improvement 400 West Summit Hill Drive Tennessee Valley Authority Knoxville, TN 37902 3R Lookout Place 1101 Market Street Mr. John C. Fornicola, General Manager Chattanooga, TN 37402-2801 Nuclear Assurance Tennessee Valley Authority Mr. George B. Stramback 3R Lookout Place Regulatory Service Project Manager 1101 Market Street GE Nuclear Energy Chattanooga, TN 37402-2801 175 Curtner Avenue San Jose, CA 95125 Mr. Steven M. Douglas General Manager Browns Ferry Site Operations Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609

Page 2 of 2 Mr. D. Tony Langley, Manager Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority 6A West Tower 400 West Summit Hill Drive Knoxville, TN 37902 James B. Baptist Browns Ferry Senior Project Engineer Division of Reactor Projects, Branch 6 U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW Suite 24T85 Atlanta, GA 30303-8931 Tomy A. Nazario Browns Ferry Project Engineer Division of Reactor Projects, Branch 6 U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW Suite 24T85 Atlanta, GA 30303-8931 Mr. Michael A. Purcell Senior Licensing Manager Nuclear Power Group Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801