ML24071A029
| ML24071A029 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 06/05/2024 |
| From: | Hammock J NRC/NRR/DNRL/NLRP |
| To: | Jim Barstow Tennessee Valley Authority |
| References | |
| EPID L-2024-SLE-0000, EPID L-2023-SLR-0000 | |
| Download: ML24071A029 (4) | |
Text
June 05, 2024 James Barstow Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 4A-C Chattanooga, TN 37402-2801
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING THE BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 -
APPLICATION FOR SUBSEQUENT RENEWED OPERATING LICENSES (EPID NOS. L-2023-SLR-0000 AND L-2024-SLE-0000)
Dear James Barstow:
By Subsequent License Renewal Application Appendix E, Applicant’S Environmental Report-Operating License Renewal Stage|letter dated January 19, 2024]] (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML24019A009), as supplemented by letter dated January 22, 2024 (ML24022A292), Tennessee Valley Authority (TVA) submitted an application for subsequent renewal of Renewed Facility Operating License Nos. DPR-33, DPR-52, and DPR-68 for Browns Ferry Nuclear Plant (BFN), Units 1, 2, and 3, respectively, to the U.S. Nuclear Regulatory Commission (NRC) pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants.
As part of the Subsequent License Renewal Application Appendix E, Applicant’S Environmental Report-Operating License Renewal Stage|letter dated January 19, 2024]], TVA submitted two affidavits, dated October 31, 2023, and November 30, 2023, and executed by Steve Swilley, Vice President and Deputy Chief Nuclear Officer, Electric Power Research Institute, Inc. (EPRI), and Kent Halac, Senior Engineer, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas, LLC (GEH), respectively, and requested, on behalf of EPRI and GEH, that specifically identified information in the following document be withheld from public disclosure pursuant to 10 CFR 2.390, Public inspections, exemptions, requests for withholding:
- , Browns Ferry Nuclear Plant Subsequent License Renewal Application Section 4, Time-Limited Aging Analyses A nonproprietary version of this document with redaction of the specifically identified information has been made available through the web-based version of the NRCs ADAMS at https://www.nrc.gov/readingrm/adams.html under ADAMS Accession No. ML24019A010.
The EPRI and GEH affidavits state that the specifically identified information should be considered exempt from mandatory public disclosure. The EPRI affidavit provides the following reasons:
Withholding Based Upon Privileged and Confidential Trade Secrets or Commercial or Financial Information (see e.g. 10 C.F.R. §2.390(a)(4)):
- b. EPRI considers the Proprietary Information contained therein to constitute trade secrets of EPRI. As such, EPRI holds the information in confidence, and disclosure thereof is strictly limited to individuals and entities who have agreed, in writing, to maintain the confidentiality of the Information. EPRI made a substantial economic investment to develop the Proprietary Information, and, by prohibiting public disclosure, EPRI derives an economic benefit in the form of licensing royalties and other additional fees from the confidential nature of the Proprietary Information. If the Proprietary Information were publicly available to consultants and/or other businesses providing services in the electric and/or nuclear power industry, they would be able to use the Proprietary Information for their own commercial benefit and profit and without expending substantial economic resources required of EPRI to develop the Proprietary Information.
- d. The Proprietary Information contained therein are not generally known or available to the public. EPRI developed the Information only after making a determination that the Proprietary Information was not available from public sources. EPRI made a substantial investment of both money and employee hours in the development of the Proprietary Information. EPRI was required to devote these resources and effort to derive the Proprietary Information. As a result of such effort and cost, both in terms of dollars spent and dedicated employee time, the Proprietary Information is highly valuable to EPRI.
- e. A public disclosure of the Proprietary Information would be highly likely to cause substantial harm to EPRls competitive position and the ability of EPRI to license the Proprietary Information both domestically and internationally. The Proprietary Information and Report can only be acquired and/or duplicated by others using an equivalent investment of time and effort.
The GEH affidavit provides the following reasons:
(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a and (4)b. Some examples of categories of information that fit into the definition of proprietary information are:
- a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEHs competitors without a license from GEH constitutes a competitive economic advantage over other companies;
- b.
Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
(5)
To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GEH and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GEH, not been disclosed publicly, and not been made available in public
sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions for proprietary or confidentiality agreements or both that provide for maintaining the information in confidence.
The NRC staff has reviewed the submitted document in accordance with the requirements of 10 CFR 9.17, Agency records exempt from public disclosure, and 10 CFR 2.390 and, on the basis of the statements in the affidavits, has determined that the specifically identified information in this document sought to be withheld are trade secrets or commercial or financial information obtained from a person that are privileged or confidential and, therefore, should be withheld from public disclosure. Accordingly, the version of the submitted document 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, the NRC may send copies of this information to its consultants working in this area. The NRC will 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 the specifically identified 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, I may be reached at 301-415-0740, or by email at Jessica.Hammock@nrc.gov.
Sincerely,
/RA/
Jessica Hammock, Project Manager License Renewal Project Branch Division of Materials and License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260, and 50-296 cc: Listserv
ML24071A029 Via Email NRR-106 OFFICE PNLRP/DNLR/PM NLRP/DNLR/LA NLRP/DNLR/PM OGC NLO NAME AIm*
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JWachutka DATE 3/08/2024 3/11/2024 3/19/2024 5/08/2024 OFFICE NLRP/DNLR/BC NLRP/DNLR/PM NAME LGibson*
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DATE 6/05/2024 6/05/2024