ML11320A026

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

ML11320A026
Person / Time
Site:	Sequoyah
Issue date:	12/27/2011
From:	Siva Lingam Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Lingam S
References
TAC ME6538, TAC ME6539
Download: ML11320A026 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 December 27, 2011 Mr. Joseph W. Shea Corporate Manager, 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. Shea:

By letter dated June 17, 2011, as supplemented by letters dated July 27, 2011, and November 14, 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 of its letter dated November 14, 2011, 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 November 4, 2011, corresponding to Enclosure 1 of the licensee's letter dated November 14, 2011, executed by Gayle F. Elliott of AREVA NP, and included as Enclosure 3 to the licensee's letter dated November 14, 2011, was provided requesting that information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

Enclosure 1 to a letter dated November 14,2011 - ANP-3053(P), Revision 0, Sequoyah HTP Fuel Transition - NRC RAls [Requests for Additional Information]

and Responses, November 2011.

A nonproprietary copy of the above document, which was included in the licensee's letter dated November 14, 2011, as Enclosure 2, has 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. This document is entitled: "ANP-3053(NP), Revision 0, Sequoyah HTP Fuel Transition - NRC RAls and Responses, November 2011."

The affidavit stated that the submitted information in Enclosure 1 should be considered exempt from mandatory public disclosure for the reasons specified in the following paragraphs 6(b) and 6(c):

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.

J. Shea - 2 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 the licensee's letter dated November 14, 2011, 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 1 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 301-415-1564.

Sincerely,

~(f'~

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

J. Shea - 2 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 the licensee's letter dated November 14, 2011, 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 1 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 301-415-1564.

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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DATE 11/29/11 11/29/11 12/15/11 12/23/11 12/27/11 OFFICIAL RECORD COpy