ML110670021

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Bellefonte Request for Withholding Information from Public Disclosure
ML110670021
Person / Time
Site: Bellefonte  Tennessee Valley Authority icon.png
Issue date: 03/10/2011
From: John Lamb
Division of Operating Reactor Licensing
To: Hruby R
Tennessee Valley Authority
lamb J, 415-3100
References
Download: ML110670021 (4)


Text

March 10, 2011 Mr. Raymond A. Hruby, Jr.

General Manager, Bellefonte Project Nuclear Generation Development & Construction Tennessee Valley Authority 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

BELLEFONTE NUCLEAR PLANT, UNITS 1 AND 2, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Hruby:

By letter dated March 1, 2011, the Tennessee Valley Authority (TVA) submitted an affidavit dated March 1, 2011, executed by yourself, which requested that certain 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:

  • Bellefonte Nuclear Plant (BLN) Units 1 (CPPR-122) and 2 (CPPR-123) - Revision to Response to Regulatory Issue Summary 2010-10, dated March 1, 2011 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) 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.

R. Hruby, Jr. We have carefully reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, 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 directly concerned to inspect the document. 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 301-415-3100 or John.Lamb@nrc.gov.

Sincerely,

/RA/

John G. Lamb, Senior Project Manager Special Projects Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-438 and 50-439 cc: See next page

ML110670021 OFFICE DORL/LPWB/PM DORL/LPWB/LA DORL/LPWB/BC DORL/LPWB/PM NAME JLamb BClayton SCampbell JLamb DATE 03 / 09 /11 03 / 09 /11 03 / 10 /11 03 / 10 /11 Tennessee Valley Authority BELLEFONTE NUCLEAR PLANT cc:

Mr. Gordan P. Arent, Manager Mr. Preston D. Swafford New Generation Licensing Chief Nuclear Officer and Nuclear Generation Development Executive Vice President and Construction Tennessee Valley Authority Tennessee Valley Authority 3R Lookout Place 5A Lookout Place 1101 Market Street 1101 Market Street Chattanooga, TN 37402-2801 Chattanooga, TN 37402-2801 Mr. E. J. Vigluicci, Assistant General Counsel Mr. J. A. Bailey, Vice President Tennessee Valley Authority New Generation Licensing 6A West Tower Nuclear Generation Development 400 West Summit Hill Drive and Construction Knoxville, TN 37902 Tennessee Valley Authority 5A Lookout Place State Health Officer 1101 Market Street Alabama Dept. of Public Health Chattanooga, TN 37402-2801 P.O. Box 303017 Montgomery, AL 36130-3017 Mr. R. M. Krich Vice President, Nuclear Licensing Chairman Tennessee Valley Authority Jackson County Commission 3R Lookout Place Courthouse 1101 Market Street Scottsboro, AL 35752-0200 Chattanooga, TN 37402-2801 Director Mr. Raymond A. Hruby, Jr., Alabama Emergency Management Agency General Manager P.O. Drawer 2160 Bellefonte Nuclear Plant Project Clanton, AL 35045-5160 Nuclear Generation Development and Construction 2744 Bellefonte Road, OSB 1A Hollywood, Alabama 35752 Mr. Z. W. Rad, Manager, Licensing Units 1 and 2, Bellefonte Nuclear Plant Nuclear Generation Development and Construction 2744 Bellefonte Road, OSB 1A Hollywood, Alabama 35752