ML083100003

Request for Withholding Information from Public Disclosure for Browns Ferry Nuclear Plant

ML083100003
Person / Time
Site:	Browns Ferry
Issue date:	11/06/2008
From:	Ellen Brown Plant Licensing Branch II
To:	Campbell W Tennessee Valley Authority
Brown, E, NRR/DORL, 415-2315
References
TAC MD5262, TAC MD5263, TAC MD5264
Download: ML083100003 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 6, 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 ADDITIONAL INFORMATION REGARDING WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING EXTENDED POWER UPRATE REVIEW (TAC NOS. MD5262, MD5263 AND MD5264)

Dear Mr. Campbell:

By letter dated July 27, 2007, the Tennessee Valley Authority (TVA) submitted an affidavit dated July 24,2007, executed by Alan J. Bilanin on behalf of Continuum Dynamics, Incorporated (COl), requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Enclosure 5 to a letter dated July 27,2007- COl Report No.07-011 P, "Dynamics of BWR Steam Dryer Components."

Section 2.390(b)(1 )(ii) of 10 CFR Part 2 of the U.S. Nuclear Regulatory Commission's (NRC's) regulations requires that each supporting affidavit contain a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure. The section further requires the statement to "address with specificity" the considerations listed in 10 CFR 2.390(b)(4).

The affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and the NRC staff questions whether in accordance with 10 CFR 2.390(b)(4), the information is available in public sources; and whether public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the owner of the information considering the ease or difficulty with which the information could be properly acquired or duplicated by others.

Accordingly, consideration should be given to supplementing the present record with a revised non-proprietary version that better reflects the withholding criteria. If such action is not taken it is suggested that you furnish specific factual information for your application indicating why some of the information sought to be withheld is not available in public sources; and why public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the owner of the information considering the ease or difficulty with which the information could be properly acquired or duplicated by others.

W. Campbell, Jr. -2 In summary, we have determined that the affidavit is not in conformity with 10 CFR 2.390(b) of the Commission's regulations inasmuch as it fails to address the considerations of paragraph (b)(4) with sufficient specificity to enable us to make the required determination under 10 CFR 2.390(b). Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.

In accordance with 10 CFR 2.390(c), the information sought to be withheld will be placed in the Commission's Public Document Room 30 days after your receipt of this letter unless you either seek to withdraw the information requested to be withheld or provide the I\IRC with an amended affidavit meeting the requirements of 10 CFR 2.390(b). If you request that the information be withdrawn, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.

Sincerely, IRA!

Eva A. Brown, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of l\Iuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 cc: See next page

Tennessee Valley Authority BROWNS FERRY NUCLEAR PLANT cc:

Alan J. Bilanin President and Senior Associate Continuum Dynamics, Inc.

34 Lexington Avenue Ewing, NJ 08618-2302 Additional Distribution via ListServ

W. Campbell, Jr. -2 In summary, we have determined that the affidavit is not in conformity with 10 CFR 2.390(b) of the Commission's regulations inasmuch as it fails to address the considerations of paragraph (b)(4) with sufficient specificity to enable us to make the required determination under 10 CFR 2.390(b). Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.

In accordance with 10 CFR 2.390(c), the information sought to be withheld will be placed in the Commission's Public Document Room 30 days after your receipt of this letter unless you either seek to withdraw the information requested to be withheld or provide the NRC with an amended affidavit meeting the requirements of 10 CFR 2.390(b). If you request that the information be withdrawn, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.

Sincerely, IRA!

Eva A. Brown, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 cc: See next page DISTRIBUTION:

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ADAMS Accession Number: ML083100003 NRR-084 OFFICE: LPL2-2/PM LPWB/LA LPL2-2/BC NAME: EBrown BClayton TBoyce DATE: 11/6/08 11/5/08 11/6/08 OFFICIAL RECORD COpy