ML041330151

5/10/04, Browns Ferry, Unit 3, Framatome, Anp, Inc., Request for Withholding Information

ML041330151
Person / Time
Site:	Browns Ferry
Issue date:	05/10/2004
From:	Jabbour K NRC/NRR/DLPM/LPD2
To:	Holm J Framatome ANP
Jabbour K, NRR/DLPM, 415-1496
References
TAC MC0918
Download: ML041330151 (4)

Text

May 10, 2004 Mr. Jerald S. Holm, Manager Product Licensing Framatome ANP, Inc.

2101 Horn Rapids Road Richland, Washington 99352

SUBJECT:

FRAMATOME ANP, INC. (FANP) REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BROWNS FERRY NUCLEAR PLANT, UNIT 3 (TAC NO. MC0918)

Dear Mr. Holm:

By letters dated October 1 and December 19, 2003, the Tennessee Valley Authority (TVA or the licensee) submitted affidavits dated September 24 and December 16, 2003, respectively.

You have executed both affidavits requesting that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390: (1) Browns Ferry Unit 3 Cycle 12 MCPR [minimum critical power ratio] Safety Limit Analysis, (2) Browns Ferry Nuclear Plant Unit 3 TS-445 Request for Additional Information Responses.

Nonproprietary versions of these documents have been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1.

The information reveals details of FANPs research and development plans and programs or their results.

2.

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.

3.

The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for FANP.

4.

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for FANP in product optimization or marketability.

5.

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

J. Holm We have reviewed your application and the material in accordance with the requirements of 10 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.

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.

If you have any questions regarding this matter, I may be reached at 301-415-1496.

Sincerely,

/RA/

Kahtan N. Jabbour, Senior Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-296 cc: See next page

ML041330151 NRR-106 OFFICE PDII-2/PM PDII-2/NSPDP PDII-2/LA SRXB/SC OGC PDII/SC NAME KJabbour CSydnor BClayton FAkstulewicz STurk WBurton DATE 4/29/04 4/29/04 4/29/04 4/30/04 5/4/04 5/10/04

Tennessee Valley Authority BROWNS FERRY NUCLEAR PLANT cc:

Mr. J. A. Scalice Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801 Mr. Karl W. Singer, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. James E. Maddox, Vice President Engineering & Technical Services Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Ashok S. Bhatnagar, Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 General Counsel Tennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902 Mr. T. J. Niessen, Acting General Manager Nuclear Assurance Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Michael D. Skaggs, Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Mark J. Burzynski, Manager Nuclear Licensing Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. Timothy E. Abney, Manager Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Senior Resident Inspector U.S. Nuclear Regulatory Commission Browns Ferry Nuclear Plant 10833 Shaw Road Athens, AL 35611 State Health Officer Alabama Dept. of Public Health RSA Tower - Administration Suite 1552 P.O. Box 303017 Montgomery, AL 36130-3017 Chairman Limestone County Commission 310 West Washington Street Athens, AL 35611