ML091320421

Tennessee Valley Authority - Voluntary Response to RIS 2009-03, Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications After April 2009 and Process for Determining Budget Needs for Fiscal Year 2011

ML091320421
Person / Time
Site:	Bellefonte
Issue date:	05/01/2009
From:	Bailey J Tennessee Valley Authority
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
+reviewedjms3, RIS-09-003
Download: ML091320421 (7)

Text

Tennessee Valley Authority, 1101 Market Street, LP 5A, Chattanooga, Tennessee 37402-2801 May 1, 2009 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 In the Matter of ) Docket Nos. 50-438 50-439 Tennessee Valley Authority)52-014 52-015 TVA VOLUNTARY RESPONSE TO RIS 2009-03

Reference:

1) NRC Regulatory Issue Summary 2009-03, Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications after April 2009 and Process for Determining Budget Needs for Fiscal Year 2011.

The purpose of this letter is to provide the TVA voluntary response to the NRC RIS 2009-03 (Referenced NRC RIS). TVA is providing this information solely to assist the NRC in its planning and scheduling efforts.

TVA's voluntary response to this RIS is given in Enclosure 1. Enclosure 1 includes TVA proprietary information and should be withheld from public disclosure in accordance with 10 CFR 2.390(a)(4). This response includes both proprietary and public versions of Enclosure 1. is the accompanying TVA affidavit supporting the proprietary nature of the information in the response. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission, and addresses with specificity the considerations listed in 10 CFR 2.3 90(b)(4) of the Commission's regulations. TVA hereby requests that the enclosed proprietary information be withheld from public disclosure in accordance with the aforementioned regulation.

If you have any questions, please contact Andrea Sterdis at 1101 Market Street, LP5A, Chattanooga, Tennessee 37402-2801, by telephone at (423)751-7119, or via email at alsterdis@tva.gov.

Sincerely, J A. Bailey c President, Nuclear G4eration Development uc ear Generation Deve ment and Construction Enclosures cc: See Page 2

U.S. Nuclear Regulatory Commission Page 2 May 1, 2009 cc (w/o Enclosures):

Frank Akstulewicz U. S. Nuclear Regulatory Commission Two White Flint North, 6C34 11545 Rockville Pike Rockville, Maryland 20852-2738 Stephanie Coffin U. S. Nuclear Regulatory Commission Two White Flint North, 7E 18 11545 Rockville Pike Rockville, Maryland 20852-2738 Michael Johnson U. S. Nuclear Regulatory Commission Two White Flint North, 6F 15 11545 Rockville Pike Rockville, Maryland 20852-2738 Eric Leeds U.S. Nuclear Regulatory Commission One White Flint North, 7H4 11555 Rockville Pike Rockville, Maryland 20852-2738 Patrick Milano U. S. Nuclear Regulatory Commission One White Flint North, 8C2 11545 Rockville Pike Rockville, Maryland 20852-2738 Lakshminarasimh Raghavan U.S. Nuclear Regulatory Commission One White Flint North, 08H4A 11555 Rockville Pike Rockville, Maryland 20852-2738 Luis Reyes U. S. Nuclear Regulatory Commission Region II Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW, Suite 23T85 Atlanta, Georgia 30303-8931

U.S. Nuclear Regulatory Commission Page 3 May 1, 2009 cc (Enclosures):

G. P. Arent, EQB 1 B-WBN A. S. Bhatnagar, LP 6A-C A. L. Sterdis, LP 5A-C S. A. Vance, WT 6A-K E. J. Vigluicci, WT 6A-K EDMS, WT CA-K

Enclosure TVA Voluntary Response to NRC Regulatory Issue Summary 2009-03 On February 12, 2009, NRC issued NRC Regulatory Issue Summary 2009-03, "Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications After April 2009 and Process for Determining Budget Needs for Fiscal Year 2011." The NRC stated that the intent of the RIS was to provide the NRC with information to assist in determining fiscal year (FY) 2011 (October 1, 2010, to September 30, 2011) resource and budget needs with respect to future construction-related activities and other anticipated 10 CFR Part 52 licensing actions.

The NRC is currently reviewing the TVA Combined License (COL) application for two AP 1000 units at the Bellefonte site. As has been discussed with NRC senior management, TVA is also currently evaluating the viability of completing BLN Units I and 2. Although the NRC has reinstated the BLN Units 1 and 2 Construction Permits in the terminated status, .TVA has not determined that completion of Units 1 and 2 is a viable option at this time. Reinstatement of the Construction Permits provides TVA with a better ability to determine the licensing and technological viability of completing the units. TVA has initiated the studies necessary to determine the viability of completing Units 1 and 2, and anticipates that sufficient information will be gathered by the first half of fiscal year 2011 to allow~the TVA Board of Directors (TVA Board) to determine whether these units should be completed.

TVA's current projections of power supply needs indicate a continued need for additional baseload power following the completion of Watts Bar Nuclear Plant Unit 2 (WBN 2). While the TVA Board has not made any decisions regarding the addition of baseload generation facilities, construction of BLN Units 3 and 4 is an option that would fulfill these requirements. Therefore, at this time, TVA anticipates continuation of the COL application effort through completion (including NRC planned efforts for FY 2011). Should completion of Units 1 and 2 be determined to be viable, TVA will notify the NRC and will take the appropriate actions to modify the BLN Units 3 and 4 COL application to reflect this additional option. If the TVA Board subsequently decides to pursue completion of BLN Units 1 and 2, TVA will submit a construction reactivation letter (Generic Letter 87-15 ,120-day" letter) to the NRC. Assuming that completion of BLN Units 1 and 2 is determined to be viable and the TVA Board decides to pursue this option, TVA anticipates that the 120-da letter would be submitted shortly after the Board decision, approximately ,and an update to the FSAR would be TVA accomplished b . TVA recognizes that NRC planning will be Business limited . and it would Proprietary iiiif such a decision is reached. In addition, TVA recognizes that such a decision would also result in an impact to the BLN COL application along with a corresponding NRC review schedule impact.

TVA considers the above redacted (bracketed) information to be Business Proprietary, as supported by the attached affidavit. TVA is providing this information solely to assist the NRC in its planning efforts. Please recognize that the TVA Board has not made a decision to construct any additional nuclear facilities beyond WBN2 at this time.

Withhold from Public Disclosure Under 10 CFR 2.390 TVA Business Proprietary Attachment TVA Affidavit E-2

In the Matter of)

Tennessee Valley Authority)

Bellefonte Nuclear Plant,)

Units 3 and4)

Combined License Application)

AFFIDAVIT STATE OF TENNESSEE)

COUNTY OF HAMILTON)

1. My name is Jack A. Bailey. I am Vice President, Nuclear Generation Construction and Development for the Tennessee Valley Authority (TVA), and, as such, I am authorized to execute this affidavit.

2. I am familiar with the criteria applied by TVA to determine whether certain TVA information is proprietary. I am familiar with the policies established by TVA to ensure the proper application of these criteria.

3. I am familiar with the TVA information contained in TVA's voluntary response to "Regulatory Issue Summary 2009-03, Process for Scheduling Acceptance Reviews of New Reactor Licensing Applications After April 2009 and Process For Determining Budget Needs for Fiscal Year 2011," dated March 23, 2009. Bracketed (redacted) information contained in the third paragraph of this response has been classified by TVA as proprietary in accordance with the policies established by TVA for the control and protection of proprietary and confidential information.

4. This response contains information of a proprietary and confidential nature and is of the type customarily held in confidence by TVA and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this response as proprietary and confidential.

5. TVA has made the information in this response available to the U.S.

Nuclear Regulatory Commission in confidence with the request that the bracketed (redacted) information contained in this response be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The informnation for

which withholding from disclosure is requested qualifies under 10 CFR 2.390(a)(4), "Trade secrets and commercial or financial information."

6. In accordance with the criteria established in 10 CFR 3.90(b)(4), TVA hereby asserts the following bases for classifying the bracketed (redacted) information in this response as proprietary:

(a) The information in this response has been held in confidence by TVA; (b) The information in this response is of the type normally held in confidence by TVA because it reveals preliminary planning information regarding the timing of construction or development of new generation sources, and a decision to pursue these new generation sources has not been authorized or approved by the TVA Board of Directors; (c) TVA is transmitting this information voluntarily to the NRC and in confidence; (d) The information in this response is not available in any public source; and, (e) If revealed, the information in the response could substantially harm the competitive position of TVA by revealing planning information that is preliminary in nature and could harm TVA's efforts to subsequently procure competitive goods and services.

7. In accordance with TVA's policies governing the protection and control of information, proprietary information contained in this response has been made available, on a limited basis, to others outside of TVA only as required and under suitable agreements providing for nondisclosure and limited use of the information.

8. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

Vice Pre0ident, Nuclear Generati evelopment Nucle r eneration Developmen d Construction Tennes ee Valley Authority 423-751-3922 ..,tW3A~j-Sworn to and subscribed before me this I st day of May 2009.

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