ML19360A044

Request for Withholding Information from Public Disclosure

ML19360A044
Person / Time
Site:	Browns Ferry
Issue date:	12/30/2019
From:	Farideh Saba Plant Licensing Branch II
To:	Polickoski J Tennessee Valley Authority
Saba F DORL/LPL2-2 301-415-1447
References
EPID L-2018-LLA-0048
Download: ML19360A044 (3)

Text

December 30, 2019 Mr. James T. Polickoski Director, Nuclear Regulatory Affairs Tennessee Valley Authority 1101 Market Street 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. Polickoski:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated December 19, 2019 (Agencywide Documents Access and Management System Accession No. ML19353D549),

Tennessee Valley Authority (TVA) submitted an affidavit dated December 18, 2019, executed by Mr. Alan B. Meginnis, Manager, Product Licensing, for Framatome Inc., requesting that the information contained in the following document (Enclosure 1 of the letter dated December 19, 2019) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

FS1-0029298, Revision 1, Browns Ferry Units 1, 2, and 3 EPU MELLLA+ Issue Identification and Evaluation (Proprietary), dated December 2019 A nonproprietary copy of this document is provided in Enclosure 2 of the TVA letter dated December 19, 2019.

The Framatome affidavit dated December 18, 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:

6.(d)

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

6.(e)

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

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 applicable portion of the submitted document 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:

Mr. James Barstow, Vice President Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street LP 4A-C Chattanooga, TN 37402-2801 Mr. Alan B. Meginnis Framatome Inc.

2101 Horn Rapids Rd Richland, WA 99354 alan.meginnis@framatome.com Listserv

ML19360A044

• by e-mail OFFICE DORL/LPL2-1/PM DORL/LPL2-2/LA DSS/SNSB/BC(A)* DORL/LPL2-2/BC DORL/LPL2-1/PM NAME FSaba LRonewicz JBorromeo (ASallman for)

UShoop (THood for)

FSaba DATE 12/30/2019 12/29/2019 12/26/2019 12/30/2019 12/30/2019