ML15345A010

Request for Withholding of Proprietary Information from Public Disclosure

ML15345A010
Person / Time
Site:	Browns Ferry
Issue date:	12/22/2015
From:	Farideh Saba Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Saba F, NRR/DORL/LPL2-2
References
CAC MF5659
Download: ML15345A010 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 22, 2015 Mr. Joseph W. Shea Vice President, Nuclear Licensing Tennessee Valley Authority 1101 Market Street, LP 3R-C Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNIT 3 - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. MF5659)

Dear Mr. Shea:

By letter dated October 23, 2015 (Agencywide Documents Access and Management System Accession No. ML15296A527), Tennessee Valley Authority (TVA) submitted an affidavit dated October 15, 2015, executed by Ms. Lisa K. Schichlein, Senior Project Manager, NPP/Services Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC (GEH), 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) Section 2.390:

DOC-0005-4311-1, "GEH Response to Browns Ferry Unit 3 PTLR [Pressure-Temperature Limits Report] RAls [Requests for Additional Information) SRXB [Reactor Systems Branch]-RAI 5," dated October 15, 2015.

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

(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies; (4)b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

We have reviewed TVA's request 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 propriety commercial information and should be withheld from public disclosure.

Therefore, applicable portions of document DOC-0005-4311-1 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.

J. Shea 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 U.S. Nuclear Regulatory Commission (NRC). TVA 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 may be reached at 301-415-1447 or Farideh.Saba@nrc.gov.

Sincerely,

~cl)~

for 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: Ms. Lisa K. Schichlein Senior Project Manager, NPP/Services Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via Listserv

ML15345A010 OFFICE N RR/DORL/LP LI 1-2/PM N RR/DORL/LP LI 1-2/LA NRR/DSS/SRXB/BC NAME FSaba (LRonewicz for) CJackson BClavton DATE 12/21/2015 12/21/2015 12/22/2015 OFFICE NRR/DE/EVIB/BC N RR/DORL/LP LI 1-2/BC NRR/DORL/LPLI 1-2/PM NAME JMcHale (PBuckberg for) (MOrenak for) FSaba BBeasley DATE 12/22/2015 12/22/2015 12/22/2015