ML15170A316

Request for Withholding of Proprietary Information from Public Disclosure

ML15170A316
Person / Time
Site:	Browns Ferry
Issue date:	09/04/2015
From:	Farideh Saba Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Tam P
References
TAC MF5818
Download: ML15170A316 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 4, 2015 Mr. Joseph W. Shea Vice President - Nuclear Licensing Tennessee Valley Authority 1101 Market Street, LP 3-DC Chattanooga, TN 37402-2801

SUBJECT:

REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNIT 3 (TAC NO. MF5818)

Dear Mr. Shea:

By letter dated March 6, 2015 (Agencywide Documents Access and Management System Accession No. ML15090A436), Tennessee Valley Authority (the licensee, TVA) submitted an affidavit dated January 30, 2015, executed by Mr. Alan B. Meginnis of AREVA, Inc., requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

AREVA FS 1-0020053, Revision 1, "Browns Ferry Unit 3 Cycle 18 MCPR [Minimum Critical Power Ratio] Safety Limit Analysis With SAFLIM3D Methodology (Proprietary)."

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

(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.

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

(e) The information is vital to a competitive advantage held by AREVA, would be helpful to competitors to AREVA, and would likely cause substantial harm to the competitive position of AREVA.

We have reviewed TVA's 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.

J. Shea Therefore, AREVA FS1-0020053, Revision 1, 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 Nuclear Regulatory Commission (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 301-415-144 7 or Farideh.Saba@nrc.gov.

Sincerely, Farideh E. Saba, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-296 cc: Mr. Alan B. Meginnis AREVA Inc.

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

ML15170A316 OFFICE LPL 1-1/PM LPL2-2/PM LPL2-2/LA SRXB/BC LPL2-2/BC LPL2-2/PM NAME AGilbertson FSaba (PTam for) BClayton CJackson SHelton (AHon for) FSaba DATE 6/17/15 6/19/15 6/22/15 9/4/15 9/4/15 9/4/15