ML16224A120

Request for Withholding Information from Public Disclosure (Cac. Nos. MF6741, MF6742, and MF6743)

ML16224A120
Person / Time
Site:	Browns Ferry
Issue date:	09/26/2016
From:	Farideh Saba Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Saba F DORL/LPL2-2 301-415-1447
References
CAC MF6741, CAC MF6742, CAC MF6743
Download: ML16224A120 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Joseph W. Shea Vice President, Nuclear Licensing Tennessee Valley Authority 1101 Market Street, LP 3R-C Chattanooga, TN 37402-2801 September 26, 2016

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF6741, MF6742, AND MF6743)

Dear Mr. Shea:

By letter to the U.S. Nuclear Regulatory Commission (NRC), dated August 3, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16217A144), Tennessee Valley Authority submitted an affidavit dated July 28, 2016, executed by Mr. Peter M. Yandow, Vice President, General Electric-Hitachi Nuclear Energy Americas LLC (GEH), requesting that the information contained in the following document (Enclosure 1 of the letter dated August 3, 2016) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Responses to NRC Requests for Additional Information [RAls] EMCB

[Mechanical and Civil Engineering Branch of NRC]-RAls 10 (Revision 1), 14, 15, 16, 18, 21, and 24 (Revision 1) (Proprietary version).

A non-proprietary copy of the document (Enclosure 2 of the letter dated August 3, 2016),

entitled "Responses to NRC Requests for Additional Information EMCB-RAls 10 (Revision 1 ),

14, 15, 16, 18, 21, and 24 (Revision 1) (Non-proprietary version)," has been placed in the NRC's Public Document Room and added to the NRC Library under ADAMS Accession No. ML16217A144.

The GEH affidavit dated July 28, 2016, 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 GEH's 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, on the basis of 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 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.

Docket Nos. 50-259, 50-260, and 50-296 cc: Mr. Peter M. Yandow Vice President, NPP/Services Licensing Regulatory Affairs Sincerely,

~~ If, ~

-fl)r Farideh E. Saba, Senior Project Manager Plant Licensing 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road, M/C A-75 Wilmington, NC 28401 Additional Distribution via Listserv

ML16224A120 OFFICE NRR/DORL/LPL4-1 /PM NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-2/LA NAME Sling am FSaba BClayton DATE 9/22/2016 9/22/2016 9/21/2016 OFFICE NRR/DE/EMCB/BC(A)

NRR/DORL/LPL2-2/BC(A)

NRR/DORL/LPL2-2/PM NAME Yli JD ion FSaba (Slingham for)

DATE 9/26/2016 9/23/2016 9/26/2016