ML081060445

Request for Withholding Information from Public Disclosure for Partial Round 13 Responses (Tacs. MD5262, MD5263 and MD5264)

ML081060445
Person / Time
Site:	Browns Ferry
Issue date:	06/02/2008
From:	Ellen Brown NRC/NRR/ADRO/DORL/LPLII-2
To:	Campbell W Tennessee Valley Authority
Brown E. A.
References
TAC MD5262, TAC MD5263, TAC MD5264
Download: ML081060445 (5)

Text

June 2, 2008

Mr. William R. Campbell, Jr.

Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PARTIAL ROUND 13 RESPONSES (TAC NOS. MD5262, MD5263 AND MD5264)

Dear Mr. Campbell:

By letter dated August 9, 2007, the Tennessee Valley Authority (TVA) submitted affidavits dated August 1, 2007, and July 31, 2007, executed on behalf of GE [General Electric]-Hitachi Nuclear Energy Americas LLC (GEH) and AREVA NP, Inc., respectively, requesting that the information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

- Enclosure 1 of the GEH letter, GE-ERl-AEP-07-362, Larry King (GE) to J. Valente (TVA), entitled GEH Responses to NRC [Nuclear Regulatory Commission] Request for Additional Information - SBWB-67, SBWB-68, SBWB-69, and SBWB-70, dated August 1, 2007; and

- Browns Ferry Nuclear Plant (BFN) - Units 1, 2, and 3- Technical Specifications (TS) Changes TS-431 and TS-418 - Extended Power Uprate (EPU) - Response to Round 13 Request for Additional Information (RAI) - SBWB RAls (TAC Nos. MC5262, MC5263, and MC5264), dated August 2007.

The information is contained in Enclosure 1 to TVA's letter to the Nuclear Regulatory Commission (NRC) dated August 9, 2007. A nonproprietary 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 AREVA 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 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 AREVA NP.

W. Campbell, Jr.

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

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

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

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 info rmation 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 301-415-2315.

Sincerely, /RA/

Eva A. Brown, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-290, 50-260, and 50-296

cc: See next page W. Campbell, Jr.

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

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

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

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 info rmation 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 301-415-2315.

Sincerely, /RA/ Eva A. Brown, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-290, 50-260, and 50-296

cc: See next page

DISTRIBUTION

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ADAMS Accession Number: ML081060445 NRR-084 OFFICE LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME EBrown:sp BClayton TBoyce DATE 06/02/08 04/15/08 06/02/08 OFFICIAL RECORD COPY Page 1 of 2 Tennessee Valley Authority BROWNS FERRY NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar Senior Vice President Nuclear Generation Development and Construction Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

Vice President Nuclear Support Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

Mr. H. Rick Rogers Vice President Nuclear Engineering & Technical Services Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

Mr. D. Tony Langley, Manager Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609

General Counsel Tennessee Valley Authority 6A West Tower 400 West Summit Hill Drive Knoxville, TN 37902

Mr. John C. Fornicola, General Manager Nuclear Assurance Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

Mr. R. G. (Rusty) West Site Vice President Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609

Ms. Beth A. Wetzel, Manager Corporate Nuclear Licensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. James E. Emens, Jr., Interim Manager Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609

James B. Baptist Browns Ferry Senior Project Engineer Division of Reactor Projects, Branch 6 U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW.

Suite 24T85 Atlanta, GA 30303-8931

Tomy A. Nazario Browns Ferry Project Engineer Division of Reactor Projects, Branch 6 U.S. Nuclear Regulatory Commission 61 Forsyth Street, SW.

Suite 24T85 Atlanta, GA 30303-8931

Senior Resident Inspector U.S. Nuclear Regulatory Commission Browns Ferry Nuclear Plant 10833 Shaw Road Athens, AL 35611-6970

Page 2 of 2 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

Mr. Larry E. Nicholson, General Manager Performance Improvement Tennessee Valley Authority 3R Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

Mr. Michael A. Purcell Senior Licensing Manager Nuclear Power Group Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801

Mr. Jerald S. Holm, Manager Product Licensing AREVA NP, Inc.

2101 Horn Rapids Road Richland, WA 99352

Mr. George B. Strambach Manager, Regulatory Services General Electric Energy P.O. Box 780 M/C A-45 Wilmington, NC 28401