ML21251A242

Request for Withholding Information from Public Disclosure

ML21251A242
Person / Time
Site:	Sequoyah
Issue date:	09/14/2021
From:	Perry Buckberg Plant Licensing Branch II
To:	Jim Barstow Tennessee Valley Authority
Buckberg P NRR/DORL/LPL2
References
EPID L-2021-LLR-0059
Download: ML21251A242 (3)

Text

September 14, 2021 Mr. James Barstow Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 4A-C Chattanooga, TN 37402-2801

SUBJECT:

SEQUOYAH NUCLEAR PLANT, UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2021-LLR-0059)

Dear Mr. Barstow:

By letter dated September 3, 2021, Tennessee Valley Authority (the licensee) submitted an affidavit dated September 1, 2021, executed by Gayle Elliott, Deputy Director, Licensing and Regulatory Affairs for Framatome Inc., requesting that information contained in the following be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Enclosure 1 - Sequoyah Nuclear Plant, Unit 2, American Society of Mechanical Engineers Boiler and Pressure Vessel Code,Section XI, Inservice Inspection Program, Request for Alternative, 21-ISI-2 (Proprietary)

A nonproprietary copy of the document is available in the Agencywide Documents Access and Management System (ADAMS) Accession No. ML21246A169.

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

6. The following criteria are customarily applied by Framatome to determine whether information should be classified as proprietary:

(a) The Information reveals details of Framatome's research and development processes or their results.

(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 Framatome.

J. Barstow (d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

(e) The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and would likely cause substantial harm to the competitive position of Framatome.

The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version(s) 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 regarding this matter, please contact me at (301) 415-1383 or Perry.Buckberg@nrc.gov.

Sincerely,

/RA/

Perry H. Buckberg, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No.: 50-328 cc: Mr. Jeff Ross Framatome, Project Manager 155 Mill Ridge Road Lynchburg, VA 24502 Listserv

ML21251A242 OFFICE NRR/DORL/LPLII-2/PM NRR/DORL/LPLII-2/LA NRR/DNRL/NPHP/BC NAME PBuckberg RButler MMitchell DATE 9/14/2021 9/14/2021 9/8/2021 OFFICE NRR/DORL/LPLII-2/BC NRR/DORL/LPLII-2/PM NAME DWrona PBuckberg DATE 9/14/2021 9/14/2021