ML083190248

From kanterella
Jump to navigation Jump to search

Request for Withholding Information from Public Disclosure for Calvert Cliffs Nuclear Power Plant Units 1 and 2, Nine Mile Point Nuclear Station Units 1 and 2, and R. E. Ginna Nuclear Power Plant
ML083190248
Person / Time
Site: Calvert Cliffs, Nine Mile Point, Ginna  Constellation icon.png
Issue date: 12/04/2008
From: Richard Guzman
Plant Licensing Branch 1
To: Barron H
Constellation Energy Group
Pickett D
References
TAC MD9786, TAC MD9787, TAC MD9788, TAC MD9789, TAC MD9790
Download: ML083190248 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

~ 4, 2.Cre Mr. Henry B. Barron President, CEO, & Chief Nuclear Officer 100 Constellation Way Suite 1800P Baltimore, MD 21202 SUB..IECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: INDIRECT TRANSFERS OF CONTROL OF LICENSES - CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2, AND R. E. GINNA NUCLEAR POWER PLANT (TAC NOS. MD9786, MD9787, MD9789, MD9790, AND MD9788)

Dear Mr. Barron:

By letter and affidavit dated October 3,2008, Constellation Energy Nuclear Group, LLC (CENG) and MidAmerican Energy Holdings Company requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

PRO..IECTED INCOME STATEMENTS FOR LICENSEES (Proprietary Version)

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (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:

a) This information is of a type that is customarily held in confidence by the CENG Companies, and there is a rational basis for doing so because the information contains sensitive financial information concerning projected revenues and operating expenses of the CENG Companies.

b) Public disclosure of this information would create substantial harm to the competitive position of the CENG Companies by disclosing their internal financial projections.

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 PROJECTED INCOME STATEMENTS FOR LICENSEES (Proprietary Version) 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.

H. Barron

- 2 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 Nuclear Regulatory Commission (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 301-415-1030.

Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-317, 50-318, 50-220, 50-410, and 50-244 cc:

Distribution via Listserv

L. Larragoite

-2 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 Nuclear Regulatory Commission (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 301-415-1030.

Sincerely,

/RA/

Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-317, 50-318, 50220, 50-410, and 50-244 cc:

Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrPIVIRGuzman Branch Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDORLLPLI-1 Resource RidsNrrLASLittle Resource RidsNrrPMDPickett Resource RidsNrrPFPB Resource RidsOgcMailCenter Resource RidsRgn1 MailCenter Resource ADAMS Accession No. ML083190248 OFFICE LPLI-1/GE LPLI-1/P NAME JGall DPickett DATE 11/13/08

\\l/"l.ftr08 LPLI-1/PM PFPB/BC