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, 2007 Mr. Preston D. Swafford Interim 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 FOR WITHHOLDING 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 affidavit dated 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. 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 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.

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.

P. Swafford 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 301-415-2315.

Sincerely,

/RA/

Eva A. Brown, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260 and 50-296 cc: See next page

P. Swafford 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 301-415-2315.

Sincerely,

/RA/

Eva A. Brown, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-259, 50-260 and 50-296 cc: See next page DISTRIBUTION:

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ADAMS Accession Number: ML071290565 NRR-084 OFFICE LPL2-2/PM LPL2-2/LA OGC LPL2-2/BC NAME EBrown BClayton TBoyce DATE 5/15/07 5/14/07 5/16/07 OFFICIAL RECORD COPY

Preston D. Swafford BROWNS FERRY NUCLEAR PLANT Tennessee Valley Authority cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Division of Reactor Projects, Branch 6 Nuclear Operations U.S. Nuclear Regulatory Commission Tennessee Valley Authority 61 Forsyth Street, SW.

6A Lookout Place Suite 23T85 1101 Market Street Atlanta, GA 30303-8931 Chattanooga, TN 37402-2801 Ms. Beth A. Wetzel, Manager Mr. Larry S. Bryant, Vice President Corporate Nuclear Licensing Nuclear Engineering & Technical Services and Industry Affairs Tennessee Valley Authority Tennessee Valley Authority 6A Lookout Place 4X Blue Ridge 1101 Market Street 1101 Market Street Chattanooga, TN 37402-2801 Chattanooga, TN 37402-2801 Brian OGrady, Site Vice President Mr. William D. Crouch, Manager Browns Ferry Nuclear Plant Licensing and Industry Affairs Tennessee Valley Authority Browns Ferry Nuclear Plant P.O. Box 2000 Tennessee Valley Authority Decatur, AL 35609 P.O. Box 2000 Decatur, AL 35609 General Counsel Tennessee Valley Authority Senior Resident Inspector ET 11A U.S. Nuclear Regulatory Commission 400 West Summit Hill Drive Browns Ferry Nuclear Plant Knoxville, TN 37902 10833 Shaw Road Athens, AL 35611-6970 Mr. John C. Fornicola, General Manager Nuclear Assurance State Health Officer Tennessee Valley Authority Alabama Dept. of Public Health 6A Lookout Place RSA Tower - Administration 1101 Market Street Suite 1552 Chattanooga, TN 37402-2801 P.O. Box 303017 Montgomery, AL 36130-3017 Mr. Bruce Aukland, Plant Manager Browns Ferry Nuclear Plant Chairman Tennessee Valley Authority Limestone County Commission P.O. Box 2000 310 West Washington Street Decatur, AL 35609 Athens, AL 35611 Mr. Masoud Bajestani, Vice President Mr. Robert H. Bryan, Jr., General Manager Browns Ferry Unit 1 Restart Licensing and Industry Affairs Browns Ferry Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority 4X Blue Ridge P.O. Box 2000 1101 Market Street Decatur, AL 35609 Chattanooga, TN 37402-2801 Mr. Robert G. Jones, General Manager Browns Ferry Site Operations Browns Ferry Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Decatur, AL 35609 Mr. Larry S. Mellen Browns Ferry Unit 1 Project Engineer