ML20137J970

Discusses GE Request That Info Provided in Re Calulations of Min Critical Power Ratio Safety Limit for Plant,Be Withheld from Public Disclosure,Per 10CFR2.790.Subj Info Will Be Withheld from Public Disclosure

ML20137J970
Person / Time
Site:	Browns Ferry
Issue date:	04/01/1997
From:	Williams J NRC (Affiliation Not Assigned)
To:	Kingsley O TENNESSEE VALLEY AUTHORITY
References
TAC-M95843, TAC-M95844, TAC-M95845, NUDOCS 9704040197
Download: ML20137J970 (3)

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. # E NUCLEAR REGULATORY COMMISSION If WASHINGTON, D.C. 20566-0001

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April 1, 1997 Mr. Oliver D. Kingsley, Jr.

President, TVA Nuclear and Chief Nuclear Officer Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE BROWNS FERRY UNITS 1, 2, AND 3 (TAC NOS. M95843, M95844, AND M95845)

Dear Mr. Kingsley:

By a Tennessee Valley Authority (TVA) letter dated February 7,1997, and an l affidavit executed on January 27, 1997 by Ralph J. Reda of General Electric l Company (GE) at Wilmington, North Carolina, GE submitted information regarding l calculations of the minimum critical power ratio safety limit for the Browns l Ferry Nuclear Plant (BFN) Units 1, 2, and 3. This information was provided to  ;

support staff review of TVA's application to amend the BFN technical specifications dated June 21, 1996. GE has requested that the information provided in the February 7,1997 letter be withheld from public disclosure pursuant to 10 CFR 2.790.

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

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where the prevention of its use by GE's competitors without license from GE constitutes a competitive economic advantage over other companies; and

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.

c. The information to be withheld is classified as proprietary because it would provide other parties, including competitors, with information related to detailed results of analytical models, methods and processes, including computer codes, which GE has developed, requested NRC approval of, and applied to perform evaluations of boiling water reactors. The development of the evaluation process, along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.

We have reviewed the information provided by TVA and GE in accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by Mr. Reda, have panam88Er ggt RE W E

, Ms.Oli'verD.Kingsley determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the submitted material marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 disclosure should l change in the future such that the information could then be made available i for public inspection, you should promptly notify the NRC. You should also l 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.

Please call me at (301)415-1470 if you have any questions regarding this topic.

Sincerely, Original signed by Joseph F. Williams, Project Manager Project Directorate II-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 cc: See next page l Distribution Docket File PUBLIC BFN Reading S. Varga M. P. Siemien, OGC (hardcopy and E-mail MPS) ,

J. Johnson, RII Q

DOCUMENT NAME: G:\BFN\M95843.PRP *see previous concurrence OF 0l To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" - Copy with attachment / enclosure "N" - No copy OfflCE PDil 3/PM /g lC POII-3/LA Aa&/l OGC l PDIl-3/D ,) l p3 NAME JWilliams /F7/ BClayton / 'f W # MPSiemien* FHebdon M DATE 04///9f/ 04/ p /97 3/31/97 04/ l /97 OfflCIAL RECORD COPV 41&B37

1 Mr. Oliver D. Kingsley, Jr. BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority cc:

Mr. O. J. Zeringue, Sr. Vice President Regional Administrator Nuclear Operations U.S. Nuclear Regulatory Commission Tennessee Valley Authority Region II 6A Lookout Place 101 Marietta Street, NW., Suite 2900 1101 Market Street Atlanta, GA 30323 Chattanooga, TN 37402-2801 Mr. Leonard D. Wert .

Mr. Jack A. Bailey, Vice President Senior Resident Inspector )

Engineering & Technical Services Browns Ferry Nuclear Plant -

Tennessee Valley Authority U.S. Nuclear Regulatory Commission 6A Lookout Place 10833 Shaw Road i 1101 Market Street Athens, AL 35611 Chattanooga, TN 37402-2801 Chairman  ;

Mr. C. M. Crane, Site Vice President Limestone County Commission Browns Ferry Nuclear Plant 310 West Washington Street Tennessee Valley Authority Athens, AL 35611 P.O. Box 2000 Decatur, AL 35609 State Health Officer Alabama Department of Public Health  ;

General Counsel 434 Monroe Street Tennessee Valley Authority Montgomery, AL 36130-1701 ET 10H 400 West Summit Hill Drive i Knoxville, TN 37902 Mr. Raul R. Baron, General Manager Nuclear Assurance and Licensing Tennessee Valley Authority 4J Blue Ridge '

1101 Market Street Chattanooga, TN 37402-2801 Mr. Masoud Bajestani, Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000  !

Decatur, AL 35609  !

Mr. Pedro Salas, Manager Licensing and Industry Affairs Tennessee Valley Authority 4J Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 )

1 Mr. Timothy E. Abney, Manager l Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609