ML11230B250

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

ML11230B250
Person / Time
Site:	Watts Bar
Issue date:	11/03/2011
From:	John Lamb Watts Bar Special Projects Branch
To:	Krich R Tennessee Valley Authority
Lamb J
References
TAC MC4730, GL-04-002
Download: ML11230B250 (3)

Text

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

SUBJECT:

WATTS BAR NUCLEAR PLANT, UNIT 1 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE RELATED TO GENERIC LETTER 2004-02 (TAC NO. MC4730)

Dear Mr. Krich:

By letter dated August 15, 2011, the Tennessee Valley Authority (TVA) submitted the final responses to requests for additional information related to the Nuclear Regulatory Commission (NRC) Generic Letter (GL) 2004-02, "Potential Impact of Debris Blockage During Design Basis Accidents at Pressurized-Water Reactors," for Watts Bar Nuclear Plant, Unit 1. In this letter, TVA submitted a GL 2004-02 summary test report, and requested that AREVA NP Incorporated (AREVA NP) proprietary information included in Attachment 2 of this letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations, Part 2, Section 2.390 (10 CFR 2.390). An affidavit dated June 2,2011, executed by Gayle F. Elliott of AREVA NP, and included as Attachment 3 to your letter dated August 15, 2011, was provided requesting that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

Attachment 2 to a letter dated August 15, 2011 - AREVA NP Inc. Summary Test Report, Document No. 66-9144025-000, "Watts Bar Unit 1 ECCS [Emergency Core Cooling System] Strainer Performance Test Report" (Proprietary).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the reasons specified in the following paragraphs:

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.

We have reviewed your letter dated August 15, 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.

R. Krich -2 Therefore, the attachment 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.

If you have any questions regarding this matter, I may be reached at 301-415-3100.

G. Lamb, Senior Project Manager ial Projects Licensing Branch i Ision of Operating Reactor Licensing o ice of Nuclear Reactor Regulation Docket No. 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 - 2 Therefore, the attachment 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.

If you have any questions regarding this matter, I may be reached at 301-415-3100.

Sincerely, IRA!

John G. Lamb, Senior Project Manager Special Projects Licensing Branch Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 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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