ML071290565

Withholding Information from Public Disclosure, Response to Nuclear Regulatory Commission (NRC) Request for Additional Information - Round 12 for Browns Ferry EPU: Supplemental to SBWB-64

ML071290565
Person / Time
Site:	Browns Ferry
Issue date:	05/16/2007
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Swafford P Tennessee Valley Authority
Brown Eva, NRR/DORL, 415-2315
References
TAC MD5262, TAC MD5263, TAC MD5264
Download: ML071290565 (5)

Text

May 16, 2007Mr. Preston D. SwaffordInterim Chief Nuclear Officer Nuclear Support 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2 AND 3 - REQUEST FORWITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT (TAC NOS. MD5262, MD5263 AND MD5264)

Dear Mr. Swafford:

By letter dated April 18, 2007, the Tennessee Valley Authority (TVA) submitted an affidavitdated June 17, 2004, executed on AREVA NP, Inc.'s behalf, 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:Response to Nuclear Regulatory Commission (NRC) Request for Additional Information -Round 12 for Browns Ferry EPU: Supplemental to SBWB-64 The information is contained in Enclosure 1 to TVA's letter to NRC dated April 18, 2007. Anonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room

.The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: b.Use of the information by a competitor would permit the competitor to significantlyreduce 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 AREVA NP.We have reviewed your application and the material in accordance with the requirements of10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

P. Swafford-2-Therefore, the version of the submitted information marked as proprietary will be withheld frompublic 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 anddirectly 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, I may be reached at 301-415-2315. Sincerely,/RA/Eva A. Brown, Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-259, 50-260 and 50-296 cc: See next page P. Swafford-2-Therefore, the version of the submitted information marked as proprietary will be withheld frompublic 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 anddirectly 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, I may be reached at 301-415-2315. Sincerely,/RA/Eva A. Brown, Project ManagerPlant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-259, 50-260 and 50-296 cc: See next pageDISTRIBUTION

PublicRidsOgcMailCenter LPL2-2 r/fRidsAcrsAcnwMailCenter RidsNrrLABClayton (Hard Copy)RidsNrrPMEBrown (Hard Copy)

RidsRgn2MailCenter (MWidmann)RidsNrrDorlLpl2-2 (TBoyce)ADAMS Accession Number: ML071290565NRR-084OFFICELPL2-2/PMLPL2-2/LAOGCLPL2-2/BCNAMEEBrownBClaytonTBoyceDATE5/15/075/14/075/16/07 OFFICIAL RECORD COPY

Preston D. SwaffordBROWNS FERRY NUCLEAR PLANTTennessee Valley Authority cc:Mr. Ashok S. Bhatnagar, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Bryant, Vice PresidentNuclear Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801Brian O'Grady, Site Vice PresidentBrowns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609General CounselTennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902Mr. John C. Fornicola, General ManagerNuclear Assurance Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801Mr. Bruce Aukland, Plant ManagerBrowns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Mr. Masoud Bajestani, Vice PresidentBrowns Ferry Unit 1 Restart Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Mr. Robert G. Jones, General ManagerBrowns Ferry Site Operations Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Mr. Larry S. MellenBrowns Ferry Unit 1 Project EngineerDivision of Reactor Projects, Branch 6U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW.

Suite 23T85 Atlanta, GA 30303-8931 Ms. Beth A. Wetzel, ManagerCorporate Nuclear Licensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801Mr. William D. Crouch, ManagerLicensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609Senior Resident InspectorU.S. Nuclear Regulatory Commission Browns Ferry Nuclear Plant 10833 Shaw Road Athens, AL 35611-6970State Health OfficerAlabama Dept. of Public Health RSA Tower - Administration

Suite 1552 P.O. Box 303017 Montgomery, AL 36130-3017ChairmanLimestone County Commission 310 West Washington Street Athens, AL 35611Mr. Robert H. Bryan, Jr., General ManagerLicensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801