ML101590556

Request for Withholding Proprietary Information from Public Disclosure Related to Generic Letter 2004-02

ML101590556
Person / Time
Site:	Watts Bar, Sequoyah
Issue date:	06/09/2010
From:	Siva Lingam Plant Licensing Branch II
To:	Krich R Tennessee Valley Authority
Lingam, S NRR/DORL 415-1564
References
GL-04-002, TAC MC4717, TAC MC4718, TAC MC4730
Download: ML101590556 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 9, 2010 Mr. R. M. Krich Vice President, Nuclear Licensing Tennessee Valley Authority 3R Lookout Place 11 01 Market Street Chattanooga, TN 37402-2801

SUBJECT:

SEQUOYAH NUCLEAR PLANT, UNITS 1 AND 2 AND WATTS BAR NUCLEAR PLANT, UNIT 1 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE RELATED TO GENERIC LETTER 2004-02 (TAC NOS. MC4717, MC4718, AND MC4730)

Dear Mr. Krich:

By letter dated June 3, 2010, the Tennessee Valley Authority (TVA) submitted the draft responses to requests for additional information related to Nuclear Regulatory Commission (NRC) Generic Letter (GL) 2004-02, "Potential Impact of Debris Blockage During Design Basis Accidents at Pressurized-Water Reactors," for Sequoyah Nuclear Plant, Units 1 and 2, and Watts Bar Nuclear Plant, Unit 1. In this letter, TVA submitted GL 2004-02 draft test procedures, and requested that AREVA NP Incorporated proprietary information included in Enclosures 6 and 7 of this letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. An affidavit dated June 2, 2010, executed by Gayle F. Elliott of AREVA NP Incorporated, and included as Enclosure 8 to your letter dated June 3, 2010, was provided requesting that information contained in the following documents be withheld from public disclosure pursuant to 10 CFR 2.390:

• Enclosure 6 to a letter dated June 3, 2010 -AREVA NP Inc. Test Procedure, Document No. 63-9138557-Dft, "Test Plan for Sequoyah Unit 1 and Unit 2 ECCS [Emergency Core Cooling System] Strainer Performance Testing" (Draft) (Proprietary).

• Enclosure 7 to a letter dated June 3, 2010 - AREVA NP Inc. Test Procedure, Document No. 63-9138557-Dft, "Test Plan for Watts Bar Unit 1 ECCS Strainer Performance Testing" (Draft) (Proprietary).

R. Krich -2 The 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.

We have reviewed your letter dated June 3, 2010, and the enclosed 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 enclosure 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.

R. Krich -3 If you have any questions regarding this matter, I may be reached at 301-415-1564.

Sincerely,

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Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-327, 50-328, and 50-390 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc.

3315 Old Forge Road Lynchburg, VA 24501 Additional Distribution via Listserv

R. Krich - 3 If you have any questions regarding this matter, I may be reached at 301-415-1564.

Sincerely, IRA!

Siva P. Lingam, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-327,50-328, and 50-390 cc: Ms. Gayle F. Elliott, Manager Product Licensing AREVA NP Inc.

3315 Old Forge Road Lynchburg, VA 24501 Additional Distribution via Listserv DISTRIBUTION:

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DATE 06/08/10 06/09/10 06/08/10 06/08/10 06/09/10 06/09/10 OFFICIAL RECORD COpy