ML11207A053

Request for Withholding Proprietary Information from Public Disclosure Regarding Use of Areva Advanced W17 High Thermal Performance Fuel.

ML11207A053
Person / Time
Site:	Sequoyah
Issue date:	08/09/2011
From:	Siva Lingam Plant Licensing Branch II
To:	Krich R Tennessee Valley Authority
Lingam S
References
TAC ME6538, TAC ME6539
Download: ML11207A053 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 9, 2011 Mr. R. M. Krich Vice President, Nuclear Licensing Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

SEQUOYAH NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE REGARDING USE OF AREVA ADVANCED W17 HIGH THERMAL PERFORMANCE FUEL (TAC NOS. ME6538 AND ME6539)

Dear Mr. Krich:

By letter dated June 17, 2011, the Tennessee Valley Authority (the licensee) submitted a license amendment to modify the Technical Specifications for use of AREVA advanced W17 high thermal performance (HTP) fuel for the Sequoyah Nuclear Plant, Units 1 and 2. The licensee requested that AREVA NP Incorporated (AREVA NP) proprietary information included in Attachments 5, 6, and 7 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. Affidavits dated June 8, 2011, May 12, 2011, and March 28, 2011, corresponding to Attachments 5,6, and 7, respectively, executed by Gayle F. Elliott of AREVA NP, and included as Attachment 11 to the licensee's letter dated June 17, 2011, were provided requesting that information contained in the following documents be withheld from public disclosure pursuant to 10 CFR 2.390:

Attachment 5 to a letter dated June 17, 2011 - ANP-2986(P), Revision 2, Sequoyah HTP Fuel Transition, June 2011.

Attachment 6 to a letter dated June 17, 2011 - ANP-2971 (P), Revision 1, Sequoyah Units 1 and 2 HTP Fuel S-RELAP5 Small Break LOCA Analysis, May 2011.

Attachment 7 to a letter dated June 17, 2011 - ANP-2970(P), Revision 0, Sequoyah Units 1 and 2 HTP Fuel Realistic Large Break LOCA Analysis, April 2011.

Nonproprietary copies of the above documents, which were included in the licensee's letter dated June 17, 2011, as Attachments 8, 9, and 10, have been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System. These documents are entitled:

"ANP-2986(NP), Revision 2, Sequoyah HTP Fuel Transition, June 2011," "ANP-2971 (NP),

Revision 1, Sequoyah Units 1 and 2 HTP Fuel S-RELAP5 Small Break LOCA Analysis, May 2011," and "ANP-2970(NP), Revision 0, Sequoyah Units 1 and 2 HTP Fuel Realistic Large Break LOCA Analysis, April 2011," respectively.

R. Krich -2 The affidavits stated that the submitted information in Attachments 5, 6, and 7 should be considered exempt from mandatory public disclosure for the reasons specified in the following paragraphs 6(b) and 6(c) for Attachment 5, and paragraphs 6(b), 6(c), and 6(e) for Attachments 6 and 7:

6(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.

6(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.

6(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.

We have reviewed the licensee's letter dated June 17, 2011, and the attached 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 attachments 5, 6, and 7 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.

~~~.~

Siva P. Lingam. Project Manager Plant licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-327 and 50-328 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 and 50-328 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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