ML091040717

Brown Ferry Nuclear Plant, Unit 1, 2, and 3 - Request for Withholding Information from Public Disclosure (TAC Nos. MD5262, MD5263, and MD5264) (TS-431 and TS-418)

ML091040717
Person / Time
Site:	Browns Ferry
Issue date:	04/22/2009
From:	Ellen Brown Plant Licensing Branch II
To:	Swafford P Tennessee Valley Authority
Brown E, NRR/DORL, 415-2315
References
TAC MD5262, TAC MD5263, TAC MD5264, TS-418, TS-431
Download: ML091040717 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 22, 2009 Mr. Preston D. Swafford Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 3R 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 (TAC NOS. MD5262, MD5263, AND MD5264) (TS-431 AND TS-418)

Dear Mr. Swafford:

By letter dated October 3,2006, Tennessee Valley Authority (TVA, the licensee) submitted an affidavit dated August 31, 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-NE-0000-0053-7413-R4-P, Units 1,2, and 3 Steam Dryer Stress, Dynamic, and Fatigue Analyses for EPU [Extended Power Uprete} Conditions The information was contained in Enclosure 1 of TVA's letter dated October 3,2006. 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 Electric's 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 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.

P. Swafford -2 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.

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, Eva A. Brown, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, 50-296 cc: Distribution via Listserv

'.. ML091040717 NRR-106 OFFICE LPL2-2/PM LPL-WB/LA LPL2-2/BC NAME EBrown BClayton TBoyce DATE 4/20/09 4/20/09 4/22/09