ML101470068

Technical Specification Change TS-473 - Areva Fuel Transition - Submittal of Corrected Areva Np Affidavit

ML101470068
Person / Time
Site:	Browns Ferry
Issue date:	05/25/2010
From:	Krich R Tennessee Valley Authority
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
TS-473
Download: ML101470068 (6)

Text

Tennessee Valley Authority 1101 Market Street, LP 3R Chattanooga, Tennessee 37402-2801 R. M. Krich Vice President Nuclear Licensing May 25, 2010 10 CFR 50.4 10 CFR 50.90 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Browns Ferry Nuclear Plant, Unit 1 Facility Operating License No. DPR-33 NRC Docket No. 50-259

Subject:

Technical Specification Change TS-473 - AREVA Fuel Transition -

Submittal of Corrected AREVA NP Affidavit

Reference:

Letter from TVA to NRC, "Technical Specification Change TS-473 -

AREVA Fuel Transition," dated April 16, 2010 In the reference letter dated April 16, 2010, the Tennessee Valley Authority (TVA) submitted a request for amendment to the Technical Specifications (TS) for Browns Ferry Nuclear Plant (BFN), Unit 1. To support the transition to AREVA fuel, the amendment request proposes the addition of the AREVA NP analysis methodologies to the list of approved methods to be used in determining the core operating limits in the Core Operating Limits Report (COLR). Additional TS changes are also requested to reflect the AREVA NP specific methods for monitoring and enforcing the thermal limits. 0 of the reference letter, contains information that AREVA NP considers to be proprietary in nature and subsequently, pursuant to 10 CFR 2.390, "Public inspections, exemptions, requests for withholding," paragraph (a)(4), it was requested that such information be withheld from public disclosure. Attachment 28 of the reference letter provides the affidavit supporting this request. Attachment 11 of the reference letter contains the redacted version of the proprietary attachment with the proprietary material removed, which is suitable for public disclosure.

printed on recycled paper

U.S. Nuclear Regulatory Commission Page 2 May 25, 2010 Subsequently, a typographical error was discovered in an AREVA NP affidavit included in Attachment 28 of the reference letter. This AREVA NP affidavit is from Alan B. Meginnis (AREVA NP Inc.) dated September 3, 2009, and indicates that it applies to report EMF-2859(P), Revision 0. However, the report number in this affidavit is in error and should refer to report ANP-2859(P), Revision 0. This error is corrected in a new AREVA NP affidavit from Alan B. Meginnis (AREVA NP Inc.) dated May 21, 2010. The corrected affidavit, provided in the enclosure to this letter, supersedes and replaces the AREVA NP affidavit from Alan B. Meginnis (AREVA NP Inc.) dated September 3, 2009, previously included in Attachment 28 of the reference letter.

TVA has determined that the corrected AREVA NP affidavit provided by this letter does not affect the no significant hazards considerations associated with the proposed TS changes. The proposed TS changes still qualify for a categorical exclusion from environmental review pursuant to the provisions of 10 CFR 51.22(c)(9). Additionally, in accordance with 10 CFR 50.91(b)(1), TVA is sending a copy of this letter and the enclosure to the Alabama State Department of Public Health.

There are no regulatory commitments in this submittal.

Please direct any questions concerning this matter to Terry Cribbe at (423) 751-3850.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on the 25th day of May 2010.

Respectfully, R. M. Kric

Enclosure:

Corrected AREVA NP Affidavit for Technical Specification Change 473, AREVA Fuel Transition cc (Enclosure):

NRC Regional Administrator - Region II NRC Senior Resident Inspector - Browns Ferry Nuclear Plant State Health Officer, Alabama State Department of Public Health

ENCLOSURE Corrected AREVA NP Affidavit for Technical Specification Change 473, AREVA Fuel Transition

AFFIDAVIT STATE OF WASHINGTON

)) ss.

COUNTY OF BENTON

1.

My name is Alan B. Meginnis. I am Manager, Product Licensing, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.

2.

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

3.

I am familiar with the AREVA NP information contained in the report ANP-2859(P), Revision 0, entitled, "Browns Ferry Unit 1 Cycle 9 Fuel Cycle Design (105%

OLTP)," dated September 2009 and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.

4.

This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP 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 Document as proprietary and confidential.

5.

This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is

requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial information."

6.

The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a)

The information reveals details of AREVA NP's research and development plans and programs or their results.

(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.

(d)

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e)

The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The information in the Document is considered proprietary for the reasons set forth in paragraphs 6(b), 6(d) and 6(e) above.

7.

In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document have been made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8.

AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9.

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

SUBSCRIBED before me this c /

day of

,2010.

Susan K. McCoy

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NOTARY PUBLIC, STATE OF WASHINGTON MY COMMISSION EXPIRES: 1/10/12