ML12083A001

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

ML12083A001
Person / Time
Site:	Browns Ferry
Issue date:	04/04/2012
From:	Ellen Brown Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Brown E
References
TAC ME3775
Download: ML12083A001 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 4, 2012 Mr. Joseph W. Shea Corporate Manager - Nuclear Licensing Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 SUB,JECT: 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 an affidavit dated January 7.2010, executed by Andrew A. Lingenfelter of Global Nuclear Fuel - Americas, LLC (GNF). It was requested that the information contained in GNF 0000-0111-8036-RO-P, "GE14 Fuel Thermal-Mechanical Information," Class III, GNF Proprietary Information, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR). Part 2, Section 2.390.

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:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor. would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment. installation, assurance of quality, or licensing of a similar product.

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.

J. Shea - 2 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: Andrew A Lingenfelter Vice President, Fuel Engineering Global Nuclear Fuel- Americas LLC P.O. Box 780, MIC A-55 Wilmington, NC 28401-0780 Additional distribution via Listserv

J.Shea -2 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 /1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-259 cc: Andrew A. Lingenfelter Vice President, Fuel Engineering Global Nuclear Fuel- Americas LLC P.O. Box 780, MIC A-55 Wilmington, NC 28401-0780 Additional distribution via Listserv DISTRIBUTION:

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