ML15006A360

Request for Withholding of Proprietary Information from Public Disclosure

ML15006A360
Person / Time
Site:	Browns Ferry
Issue date:	01/26/2015
From:	Farideh Saba Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Tam P
References
TAC MF4303
Download: ML15006A360 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 26, 2015 Mr. Joseph W. Shea Vice President, Nuclear Licensing Tennessee Valley Authority 1101 Market Street, LP 3D-C Chattanooga, TN 37402-2801

SUBJECT:

REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNIT 2 (TAC NO. ME4303)

Dear Mr. Shea:

By letter dated June 19, 2014 (Agencywide Documents Access and Management System Accession No. ML14175A307), you submitted an application for license amendment to revise the Browns Ferry Nuclear Plant, Unit 2, Technical Specifications for Limiting Condition for Operation 3.4.9, "RCS [Reactor Coolant System] Pressure and Temperature (PIT) Limits." Among other things, the submittal includes Enclosure 2, a document identified as NEDC-33854P, "Tennessee Valley Authority Browns Ferry Nuclear Plant, Unit 2 - Pressure and Temperature Limits Report (PTLR) Up to 38 and 48 Effective Full Power Years (Proprietary)."

For Enclosure 2, you submitted an affidavit dated April?, 2014, executed by Mr. Peter M. Yandow of GE-Hitachi Nuclear Energy Americas, LLC (GEH), requesting that Enclosure 2, portions that contain proprietary information owned by GEH, be withheld from public disclosure in accordance with the requirements of Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390(a)(4). Mr. Yandow stated that the information requested to be withheld is:

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

b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

You also included an affidavit dated April 3, 2014, executed by Mr. Kurt Edsinger of Electric Power Research Institute (EPRI), requesting that Enclosure 2, portions that contain proprietary

J. Shea information owned by EPRI, be withheld from public disclosure in accordance with the requirements of 10 CFR 2.390(a)(4). Mr. Edsinger stated that:

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 the substantial economic resources required of EPRI to develop the Proprietary Information.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, have determined that the submitted information sought to be withheld contains propriety commercial information and should be withheld from public disclosure.

Therefore, Enclosure 2, NEDC-33854P, 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 U.S. Nuclear Regulatory Commission (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.Shea If you have any questions regarding this matter, I may be reached at 301-415-144 7, or by e-mail at Farideh.Saba@nrc.gov.

Sincerely, Farideh E. Saba, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-260 cc.

Mr. Peter M. Yandow, Vice President Vice President, Nuclear Plant Projects/Services Licensing, Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.

Wilmington, NC 28401 Mr. Kurt Edsinger Director of PWR and BWR Materials Electric Power Research Institute, Inc.

3420 Hillview Avenue Palo Alto, CA 94304 Additional Distribution via Listserv

ML15006A360 OFFICE LPL4-1/PM LPL2-2/PM LPL2-2/LAiT LPL2-2/LA DE/EVIB LPL2-2/BC LPL2-2/PM NAME PTam FSaba LRonewicz BCiayton SRosenberg SHelton FSaba DATE 1/6/15 1/16/15 1/16/15 1/16/15 1/21/15 1/26/15 1/26/15