ML081060445

Request for Withholding Information from Public Disclosure for Partial Round 13 Responses (Tacs. MD5262, MD5263 and MD5264)

ML081060445
Person / Time
Site:	Browns Ferry
Issue date:	06/02/2008
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Campbell W Tennessee Valley Authority
Brown E. A.
References
TAC MD5262, TAC MD5263, TAC MD5264
Download: ML081060445 (5)

Text

June 2, 2008 Mr. William R. Campbell, Jr.

Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PARTIAL ROUND 13 RESPONSES (TAC NOS. MD5262, MD5263 AND MD5264)

Dear Mr. Campbell:

By letter dated August 9, 2007, the Tennessee Valley Authority (TVA) submitted affidavits dated August 1, 2007, and July 31, 2007, executed on behalf of GE [General Electric]-Hitachi Nuclear Energy Americas LLC (GEH) and AREVA NP, Inc., respectively, requesting that the information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

- Enclosure 1 of the GEH letter, GE-ERl-AEP-07-362, Larry King (GE) to J. Valente (TVA),

entitled GEH Responses to NRC [Nuclear Regulatory Commission] Request for Additional Information - SBWB-67, SBWB-68, SBWB-69, and SBWB-70, dated August 1, 2007; and

- Browns Ferry Nuclear Plant (BFN) - Units 1, 2, and 3- Technical Specifications (TS)

Changes TS-431 and TS-418 - Extended Power Uprate (EPU) - Response to Round 13 Request for Additional Information (RAI) - SBWB RAls (TAC Nos. MC5262, MC5263, and MC5264), dated August 2007.

The information is contained in Enclosure 1 to TVA's letter to the Nuclear Regulatory Commission (NRC) dated August 9, 2007. 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 AREVA 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.

W. Campbell, Jr. The GE 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 Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; and

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 the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-290, 50-260, and 50-296 cc: See next page

W. Campbell, Jr. The GE 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 Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; and

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 the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-290, 50-260, and 50-296 cc: See next page DISTRIBUTION:

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ADAMS Accession Number: ML081060445 NRR-084 OFFICE LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME EBrown:sp BClayton TBoyce DATE 06/02/08 04/15/08 06/02/08 OFFICIAL RECORD COPY

Page 1 of 2 Tennessee Valley Authority BROWNS FERRY NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar Mr. R. G. (Rusty) West Senior Vice President Site Vice President Nuclear Generation Development Browns Ferry Nuclear Plant and Construction Tennessee Valley Authority Tennessee Valley Authority P.O. Box 2000 6A Lookout Place Decatur, AL 35609 1101 Market Street Chattanooga, TN 37402-2801 Ms. Beth A. Wetzel, Manager Corporate Nuclear Licensing and Industry Affairs Vice President Tennessee Valley Authority Nuclear Support 4X Blue Ridge Tennessee Valley Authority 1101 Market Street 3R Lookout Place Chattanooga, TN 37402-2801 1101 Market Street Chattanooga, TN 37402-2801 Mr. James E. Emens, Jr., Interim Manager Licensing and Industry Affairs Mr. H. Rick Rogers Browns Ferry Nuclear Plant Vice President Tennessee Valley Authority Nuclear Engineering & Technical Services P.O. Box 2000 Tennessee Valley Authority Decatur, AL 35609 3R Lookout Place 1101 Market Street James B. Baptist Chattanooga, TN 37402-2801 Browns Ferry Senior Project Engineer Division of Reactor Projects, Branch 6 Mr. D. Tony Langley, Manager U.S. Nuclear Regulatory Commission Licensing and Industry Affairs 61 Forsyth Street, SW.

Browns Ferry Nuclear Plant Suite 24T85 Tennessee Valley Authority Atlanta, GA 30303-8931 P.O. Box 2000 Decatur, AL 35609 Tomy A. Nazario Browns Ferry Project Engineer General Counsel Division of Reactor Projects, Branch 6 Tennessee Valley Authority U.S. Nuclear Regulatory Commission 6A West Tower 61 Forsyth Street, SW.

400 West Summit Hill Drive Suite 24T85 Knoxville, TN 37902 Atlanta, GA 30303-8931 Mr. John C. Fornicola, General Manager Senior Resident Inspector Nuclear Assurance U.S. Nuclear Regulatory Commission Tennessee Valley Authority Browns Ferry Nuclear Plant 3R Lookout Place 10833 Shaw Road 1101 Market Street Athens, AL 35611-6970 Chattanooga, TN 37402-2801

Page 2 of 2 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. Larry E. Nicholson, General Manager Performance Improvement Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Michael A. Purcell Senior Licensing Manager Nuclear Power Group Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. Jerald S. Holm, Manager Product Licensing AREVA NP, Inc.

2101 Horn Rapids Road Richland, WA 99352 Mr. George B. Strambach Manager, Regulatory Services General Electric Energy P.O. Box 780 M/C A-45 Wilmington, NC 28401