ML18129A117

Request for Withholding Information from Public Disclosure

ML18129A117
Person / Time
Site:	Watts Bar
Issue date:	05/15/2018
From:	John Lamb Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Lamb J
References
EPID L-2017-LLA-0247
Download: ML18129A117 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 15, 2018 Mr. Joseph W. Shea Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 4A Chattanooga, TN 37402-2801

SUBJECT:

WATIS BAR NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2017-LLA-0247)

Dear Mr. Shea:

By letter dated December 20, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML173548282), as supplemented by letters dated February 15 and April 9, 2018 (ADAMS Accession Nos. ML18047A181 and ML18100A953, respectively)

Tennessee Valley Authority (TVA or the licensee) submitted an affidavit dated October 2, 2017, executed by Kimberly Manzione of Holtec International, requesting that 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:

Hl-2177876, "Licensing Report for the Criticality Safety Analysis of the Watts Bar Nuclear Plant Spent Fuel Pool," dated September 25, 2017 The information was included in Enclosure 3 to TVA's letter dated December 20, 2017. A nonproprietary version of Hl-2177876, designated as Enclosure 4, to TVA's letter dated December 20, 2017, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's)

Public Document Room and added to ADAMS in the NRC Library at Accession No. ML173546282.

The affidavit stated that the information sought to be withheld is considered to be proprietary for the reasons below:

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

(e) Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

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 version of 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) 415-3100 or John.Lamb@nrc.gov.

Sincerely, Jo n . Lamb, Senior Project Manager S cial Projects and Process Branch Di ision of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-390 and 50-391 cc: Ms. Kimberly Manzione Licensing Manager Holtec International 1 Holtec Drive Camden, NJ 08104 Additional Distribution via Listserv

ML18129A117 *via email OFFICE DORL/LSPB/PM D0RL/LPL2-2/LA DSS/SNPB/BC

• D0RL/LPL2-2/BC DORL/LSPB/PM NAME Jlamb BClayton Rlukes BTindell Jlamb DATE 5/9/2018 5/9/2018 5/9/2018 5/15/2018 5/15/2018 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 15, 2018 Mr. Joseph W. Shea Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 4A Chattanooga, TN 37402-2801

SUBJECT:

WATIS BAR NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2017-LLA-0247)

Dear Mr. Shea:

By letter dated December 20, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML173548282), as supplemented by letters dated February 15 and April 9, 2018 (ADAMS Accession Nos. ML18047A181 and ML18100A953, respectively)

Tennessee Valley Authority (TVA or the licensee) submitted an affidavit dated October 2, 2017, executed by Kimberly Manzione of Holtec International, requesting that 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:

Hl-2177876, "Licensing Report for the Criticality Safety Analysis of the Watts Bar Nuclear Plant Spent Fuel Pool," dated September 25, 2017 The information was included in Enclosure 3 to TVA's letter dated December 20, 2017. A nonproprietary version of Hl-2177876, designated as Enclosure 4, to TVA's letter dated December 20, 2017, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's)

Public Document Room and added to ADAMS in the NRC Library at Accession No. ML173546282.

The affidavit stated that the information sought to be withheld is considered to be proprietary for the reasons below:

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

(e) Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

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 version of 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) 415-3100 or John.Lamb@nrc.gov.

Sincerely, Jo n . Lamb, Senior Project Manager S cial Projects and Process Branch Di ision of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-390 and 50-391 cc: Ms. Kimberly Manzione Licensing Manager Holtec International 1 Holtec Drive Camden, NJ 08104 Additional Distribution via Listserv

ML18129A117 *via email OFFICE DORL/LSPB/PM D0RL/LPL2-2/LA DSS/SNPB/BC

• D0RL/LPL2-2/BC DORL/LSPB/PM NAME Jlamb BClayton Rlukes BTindell Jlamb DATE 5/9/2018 5/9/2018 5/9/2018 5/15/2018 5/15/2018