ML23010A093

Request for Withholding Information from Public Disclosure for Supplement 7 to Browns Ferry License Amendment Request Transition to Atrium 11 Fuel

ML23010A093
Person / Time
Site:	Browns Ferry
Issue date:	02/13/2023
From:	Kimberly Green Plant Licensing Branch II
To:	Jim Barstow Tennessee Valley Authority
Green K
References
EPID L-2021-LLA-0132
Download: ML23010A093 (1)

Text

February 13, 2023 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:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SUPPLEMENT 7 TO BROWNS FERRY LICENSE AMENDMENT REQUEST TO TRANSITION TO ATRIUM 11 FUEL (EPID L-2021-LLA-0132)

Dear Mr. Barstow:

By letter dated December 9, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22343A092), Tennessee Valley Authority (TVA) submitted an affidavit dated November 22, 2022, and executed by Alan B. Meginnis, Manager, Product Licensing, for Framatome, Inc., that requested proprietary information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

ANP-4017P, Revision 0, Browns Ferry Unit 2 Cycle 23 Reload Analysis, dated November 2022 The letter also contained an affidavit dated August 25, 2022, executed by Alan B. Meginnis, that requested proprietary information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

ANP-4001P, Revision 1 ATRIUM 11 Fuel Rod Thermal-Mechanical Evaluation for Browns Ferry Unit 2 Cycle 23, dated August 2022 A nonproprietary copy of these documents has been placed in the U.S. Nuclear Regulatory Commissions (NRC) Public Document Room and added to the NRC Library in ADAMS.

The affidavits stated that the submitted information should be withheld from public disclosure for the following reason:

The Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by Framatome and not made available to the public.

Additionally, the affidavits stated that information in the document has been classified by Framatome as proprietary in accordance with the policies established by Framatome for the control and protection of proprietary and confidential information. It further stated:

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

(a) The information reveals details of Framatome's research and development plans and programs 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.

(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.

Specifically, Framatome has identified that the proprietary information in the listed documents meet criteria 6(b), 6(d), and 6(e) above.

We have reviewed TVAs application and the material in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavits, 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.

J. Barstow If you have any questions regarding this matter, I may be reached at 301-415-1627.

Sincerely,

/RA/

Kimberly J. Green, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 cc: Alan Meginnis, Manager, Product Licensing Framatome, Inc.

2101 Horn Rapids Rd.

Richland, WA 99354 Listserv

ML23010A093 OFFICE NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-2/LA NRR/DSS/SNSB/BC(A)

NAME KGreen RButler DWoodyatt DATE 01/09/23 01/10/23 02/13/23 OFFICE NRR/DORL/LPL2-2/BC NRR/DORL/LPL2-2/PM NAME DWrona KGreen DATE 02/13/23 02/13/23