ML12018A376

Request for Withholding Information from Public Disclosure for Areva Fuel Transition Documents (TAC No. ME3775)(TS-473)

ML12018A376
Person / Time
Site:	Browns Ferry
Issue date:	01/23/2012
From:	Ellen Brown Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Brown, Eva A.
References
TAC ME3775, TS-473
Download: ML12018A376 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 23, 2012 Mr. Joseph W. Shea Corporate Manager - Nuclear Licensing Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR AREVA FUEL TRANSITION DOCUMENTS (TAC NO. ME3775)(TS-473)

Dear Mr. Shea:

By letter dated April 16, 2010, you submitted affidavits dated September 3, 2009, March 30 and April 16, 2010, executed by Alan B. Meginnis of AREVA NP, Inc. It was requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• Report EMF-2859(P), Revision 0, "Browns Ferry Unit 1 Cycle 9 Fuel Cycle Design," dated September 2009;

• Report ANP-2908(P), Revision 0, "Browns Ferry Units 1,2, and 3 105% OLTP LOCA Break Spectrum Analysis," dated March 2010; and,

• Attachment 26, 'Technical Specification Change TS-473 - AREVA Fuel Transition" dated April 16, 2010.

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

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.

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

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 or AREVA NP.

J. Shea -2 The NRC staff has 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 version(s) 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 can be reached at 301-415-2315.

Sincerely, IRA!

Eva A Brown, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-259 cc: Alan B. Meginnis, Manager Product Licensing AREVA NP Inc.

2101 Horn Rapids Road Richland, WA 99354 Additional distribution via Listserv

J.Shea -2 The NRC staff has 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 version(s) 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 can be reached at 301-415-2315.

Sincerely, IRA!

Eva A. Brown, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-259 cc: Alan B. Meginnis, Manager Product Licensing AREVA NP Inc.

2101 Horn Rapids Road Richland, WA 99354 Additional distribution via Listserv DISTRIBUTION:

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