ML16125A406

Request for Withholding Information from Public Disclosure

ML16125A406
Person / Time
Site:	Browns Ferry
Issue date:	07/06/2016
From:	Farideh Saba Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Saba F
References
CAC MF6741, CAC MF6742, CAC MF6743
Download: ML16125A406 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 6, 2016 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, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF6741, MF6742, AND MF6743)

Dear Mr. Shea:

By letter to the U.S. Nuclear Regulatory Commission (NRC), dated December 15, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15351A097), Tennessee Valley Authority submitted an affidavit dated December 3, 2015, executed by Mr. Morris Byram, Manager, AREVA, Inc. (AREVA), requesting that the information contained in the following proprietary document (Enclosure 1 of the letter dated December 15, 2015) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

ANP-3160(P), Revision 1, "Browns Ferry Nuclear Plant Units 1, 2, and 3 Spent Fuel Storage Pool Criticality Safety Analysis for ATRIUM' 10XM Fuel" (Proprietary), December 2015 A nonproprietary copy of document ANP-3160(NP), Revision 1 (Enclosure 2 of the letter dated December 15, 2015), "Browns Ferry Nuclear Plant Units 1, 2, and 3 Spent Fuel Storage Pool Criticality Safety Analysis for ATRIUM' 10XM Fuel," December 2015, has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS under Accession No. ML15351A097.

The AREVA affidavit dated December 3, 2015, 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.

J. Shea We have 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 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, please contact me at (301) 415-1447 or Farideh.Saba@nrc.gov.

Sincerely,

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Farideh E. Saba, Senior Project Manager Plant Licensing 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 cc: Mr. Morris Byram Manager, Product Licensing AREVA Inc.

3315 Old Forest Road Lynchburg, VA 24501 Additional Distribution via Listserv

ML16125A406 OFFICE NRR/DORL/LPLIV-1 /PM NRR/DORL/LPLll-2/PM NRR/DORL/LPLll-2/LA NAME Slingam FSaba BClayton (PBlechman for)

DATE 06/28/16 06/28/16 06/28/16 OFFICE NRR/DSS/SNPB/BC NRR/DORL/LPLll-2/BC(A) NRR/DORL/LPLll-2/PM NAME JDean TOrf FSaba (Slingam for)

DATE 06/29/16 07/06/16 07/06/16