ML19163A080

Request for Withholding Information from Public Disclosure

ML19163A080
Person / Time
Site:	Browns Ferry
Issue date:	07/22/2019
From:	Farideh Saba Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Saba F DORL/LPL2-2 301-415-1447
References
EPID L-2018-LLA-0048
Download: ML19163A080 (3)

Text

July 22, 2019 Mr. Joseph W. Shea Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority Browns Ferry Nuclear Plant 1101 Market Street, LP 4A Chattanooga, TN 37402-2801

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0048)

Dear Mr. Shea:

By letter to the U.S. Nuclear Regulatory Commission (NRC), dated January 25, 2019 (Agencywide Documents Access and Management System Accession No. ML19025A204),

Tennessee Valley Authority (TVA) submitted an affidavit dated January 17, 2019, executed by Ms. Lisa K. Schichlein, Senior Project Manager, NPP/Services Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC (GEH), requesting that the information contained in the following document (Enclosure 1 of the letter dated January 25, 2019) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

GEH letter DOC-0007-4283-139, Responses to SRXB-RAI 6 and SRXB-RAI 7 in Support of BFN MELLLA+ LAR, dated January 17, 2019.

A nonproprietary copy of this document is provided in Enclosure 2 of the TVA letter dated January 25, 2019.

The GEH affidavit dated January 17, 2019, stated that the submitted document contains proprietary information that should be considered exempt from mandatory public disclosure of 10 CFR 2.390(b)(4) requirements for the following reasons:

a.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEHs 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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavit, 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, please contact me at (301) 415-1447 or Farideh.Saba@nrc.gov.

Sincerely,

/RA/

Farideh E. Saba, Senior 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:

Ms. Lisa K. Schichlein Senior Project Manager NPP/Services Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Listserv

ML19163A080 OFFICE NRR/DORL/LPL2-2/PM NRR/DORL/LAiT NRR/DORL/LPL2-2/LA NRR/DSS/SNPB/BC NAME FSaba KEntz BClayton (JBurkhardt for) RLukes DATE 06/24/19 06/20/19 06/24/19 07/15/19 OFFICE NRR/DSS/SRXB/BC(A)

NRR/DORL/LPL2-2/BC NRR/DORL/LPL2-2/PM NAME JBorromeo UShoop FSaba DATE 07/15/19 07/19/19 07/22/19