ML16211A435

Request for Withholding Information from Public Disclosure

ML16211A435
Person / Time
Site:	Browns Ferry
Issue date:	08/16/2016
From:	Farideh Saba Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Saba F, NRR/DORL/LPL2-2
References
CAC MF6741, CAC MF6742, CAC MF6743
Download: ML16211A435 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Joseph W. Shea Vice President, Nuclear Licensing Tennessee Valley Authority 1101 Market Street, LP 3R-C Chattanooga, TN 37402-2801 August 16, 2016

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF67 41, MF67 42, AND MF67 43)

Dear Mr. Shea:

By letter to the U.S. Nuclear Regulatory Commission (NRC), dated July 27, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16210A501),

Tennessee Valley Authority submitted an affidavit dated July 12, 2016, executed by Mr. Thomas E. Ryan, Manager, Product Licensing, AREVA Inc. (AREVA), requesting that the information contained in the following document (Enclosure 2 of the letter dated July 27, 2016) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR)

Section 2.390:

ANP-3495P, Revision 1, "Response to RAI [Request for Additional Information] for Browns Ferry Nuclear Plant EPU [Extended Power Uprate] Submittal - SFSP [Spent Fuel Storage Pool] Criticality Safety Analysis, Round 2" (Proprietary version)

A non-proprietary version of document ANP-3495NP, Revision 1 (Enclosure 3 of the letter dated July 27, 2016), is available under ADAMS Accession No. ML16210A501.

The AREVA affidavit dated July 12, 2016, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

6. (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.

(c) The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA.

(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.

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.

Docket Nos. 50-259, 50-260, and 50-296 cc: Mr. Thomas E. Ryan Manager, Product Licensing AREVA Inc.

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

$_.,,,"'~ \\f. o(:...,~ c:f-c y-F arideh E. Saba, Senior Project Manager Plant Licensing 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

ML16211A435 OFFICE NRR/DORL/LPL4-1 /PM NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-2/LA NAME Slingam FSaba BClayton (LRonewicz for)

DATE 08/09/16 08/09/16 08/08/16 OFFICE NRR/DE/SNPB/BC NRR/DORL/LPL2-2/BC(A)

NRR/DORL/LPL4-1 /PM NAME JDean TOrf Sling am DATE 08/16/16 08/16/16 08/16/16