ML14352A287
| ML14352A287 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 01/08/2015 |
| From: | Farideh Saba Plant Licensing Branch II |
| To: | James Shea Tennessee Valley Authority |
| Saba F DORL/LPL2-2 301-415-1447 | |
| References | |
| TAC MF3340 | |
| Download: ML14352A287 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Joseph W. Shea Vice President, Nuclear Licensing Tennessee Valley Authority LP 3D-C 1101 Market Street Chattanooga, TN 37 402-2801 January 8, 2015
SUBJECT:
BROWNS FERRY NUCLEAR PLANT, UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING TENNESSEE VALLEY AUTHORITY COMPENSATORY MEASURES THAT REVISE THE PRESSURE AND TEMPERATURE LIMITS CURVES (TAC NO. MF3340)
Dear Mr. Shea:
By letter dated July 25, 2014 (Agencywide Documents Access and Management System Accession No. ML14209A849), Tennessee Valley Authority (the licensee, TVA) submitted an affidavit dated July 18, 2014, executed by Steven Willey, Director of Nondestructive Evaluation at Electric Power Research Institute, Inc. (EPRI). It was requested that the information included (Enclosures 1 and 2) in the following TVA document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390.
Supplemental Response to NRC [U.S. Nuclear Regulatory Commission]
Requests for Additional Information Regarding 10 CFR 50 Appendix H Status Update for Browns Ferry Nuclear Plant, Unit 2 (TAC No. MF3340)
The EPRI affidavit stated that the information included in these documents (Enclosures 1 and 2 to the above TVA document) is considered proprietary for the following reasons:
EPRI made a substantial economic investment to develop the Proprietary Information and, by prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and other additional fees from the confidential nature of the Proprietary Information. If the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be able to use the Proprietary Information for their own commercial benefit and profit and without expending the substantial economic resources required of EPRI to develop the Proprietary Information.
The NRC staff has reviewed the TVA submittal and material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the above stated documents (Enclosures 1 and 2) marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(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, TVA should promptly notify the NRC. The licensee 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, TVA will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I can be reached at 301-415-1447, or by e-mail to Farideh.Saba@nrc.gov.
Docket No. 50-260 cc: Mr. Steven Swilley Director of Nondestructive Evaluation Electric Power Research Institute, Inc.
1300 West W.T. Harris Blvd.
Charlotte, NC 28262-8550 Additional Distribution via Listserv Sincerely, Farideh E. Saba, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
Therefore, the above stated documents (Enclosures 1 and 2) marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(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, TVA should promptly notify the NRC. The licensee 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, TVA will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I can be reached at 301-415-1447, or by e-mail to Farideh.Saba@nrc.gov.
Sincerely, IRA/
Farideh E. Saba, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-260 cc: Mr. Steven Swilley Director of Nondestructive Evaluation Electric Power Research Institute, Inc.
1300 West W.T. Harris Blvd.
Charlotte, NC 28262-8550 Additional Distribution via Listserv DISTRIBUTION:
PUBLIC RidsNrrLABCiayton RidsNrrDorllpl2-2 RidsOgcMaiiCenter LPL2-2 R/F RidsRgn2MaiiCenter RidsNrrAcrs_AcnwMaiiCTR RidsRgn2MaiiCenter ADAMS A ccess1on N o.: ML14352A287
- concurrence OFFICE DORLILPL2-2/PM*
DORLILPL2-2/LAiT NAME FSaba (AHon for)
LRonewicz DATE 12/30/14 12/23/14 OFFICE DE/EVIB/BC DORLILPL2-2/BC(A)
NAME SRosenberg LRegner (AHon for)
DATE 01/07/15 01/08/15 OFFICIAL RECORD COPY RidsNrrPMBrownsFerry LRonewicz, NRR RidsNrrDeEvib b
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>y_ e-ma1 DORLILPL2-2/LA BCiayton 12/30/14 DORLILPL2-2/PM FSaba 01/08/15