ML070230017

Request for Withholding Information

ML070230017
Person / Time
Site:	Palisades
Issue date:	02/06/2007
From:	Mahesh Chawla NRC/NRR/ADRO/DORL/LPLE
To:	Hutchinson C Entergy Nuclear Operations
J. Poole, LPL3-1
References
TAC MD2954
Download: ML070230017 (4)

Text

February 6, 2007Mr. C. Randy HutchinsonSenior Vice President-Development Entergy Nuclear Operations, Inc.

P.O. Box 32000 Jackson, MS 39286

SUBJECT:

PALISADES NUCLEAR PLANT, REQUEST FOR WITHHOLDINGINFORMATION FROM PUBLIC DISCLOSURE FROM APPLICATION FOR ORDER AND CONFORMING LICENSE AMENDMENT FOR LICENSE TRANSFER (TAC NO. MD2954)

Dear Mr. Hutchinson:

On August 31, 2006, Consumers Energy Company and Nuclear Management Company, LLC(NMC), filed an application, pursuant to Section 50.80 of Title 10 of the Code of FederalRegulations (10 CFR 50.80), to transfer the Palisades Nuclear Plant (Palisades) FacilityOperating License to Entergy Nuclear Palisades, LLC, to possess and own, and Entergy Nuclear Operations, Inc. (ENO), to possess, use and operate Palisades. By your application dated August 31, 2006, and affidavits dated August 31, 2006, executed by you and Terence A. Burke (Entergy Nuclear Palisades), you requested that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390:Enclosures 1, 3, and 7 to "Application for Order and Conforming License Amendmentfor License Transfer," dated August 31, 2006A nonproprietary copy of this document has been placed in the Nuclear RegulatoryCommission'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 frommandatory public disclosure for the following reasons: i. This information is and has been held in confidence by Entergy Nuclear Palisadesand ENO.ii. This information is of a type that is held in confidence by Entergy Nuclear Palisadesand ENO and there is a rational basis for doing so because the information contains sensitive financial, corporate, and commercial information concerning Energy Nuclear Palisades and ENO's projected revenues and operating expenses as well as confidential financial and organization information concerning affiliated companies.iii. This information is not available in public sources and could not be gathered readilyfrom other publicly available information.

C. Hutchinson-2-iv. Public disclosure of this information would create substantial harm to the competitiveposition of Entergy Nuclear Palisades and ENO by disclosing Entergy Nuclear Palisades and ENO's internal financial projections, confidential financial and corporate information of affiliated companies, and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of Entergy Nuclear Palisades and ENO.We have reviewed your application and the material in accordance with the requirements of10 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. Therefore, the version(s) of the submitted information marked as proprietary will be withheldfrom 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 anddirectly 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 futuresuch 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 301-415-8371. Sincerely,/RA/Mahesh L. Chawla, Project ManagerPlant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-255 cc: See next page

ML070230017OFFICENRR/LPL3-1NRR/LPL3-1/PMNRR/LPL3-1/LANRR/PFPB/BCNRR/LPL3-1/BC(A)NAME JPoole: caMChawlaTHarrisRCarlsonPMilanoDATE02 /05/0702/06/0702/ 06 /0701/31/0702/06/07 Palisades Plant cc:

Robert A. Fenech, Senior Vice PresidentNuclear, Fossil, and Hydro Operations Consumers Energy Company 1945 Parnall Rd.

Jackson, MI 49201Arunas T. Udrys, EsquireConsumers Energy Company 1 Energy Plaza Jackson, MI 49201Regional Administrator, Region IIIU.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4351SupervisorCovert Township P. O. Box 35 Covert, MI 49043Office of the GovernorP. O. Box 30013 Lansing, MI 48909U.S. Nuclear Regulatory CommissionResident Inspector's Office Palisades Plant 27782 Blue Star Memorial Highway Covert, MI 49043Michigan Department of Environmental QualityWaste and Hazardous Materials Division Hazardous Waste and Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741Michigan Department of Attorney GeneralSpecial Litigation Division525 West Ottawa St.Sixth Floor, G. Mennen Williams Building Lansing, MI 48913Michael B. SellmanPresident and Chief Executive Officer Nuclear Management Company, LLC 700 First Street Hudson, MI 54016Jonathan Rogoff, EsquireVice President, Counsel & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016Douglas E. CooperSenior Vice President and Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016Stephen T. Wawro, Director of Nuclear Assets Consumers Energy Company Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043Laurie A. Lahti, ManagerRegulatory Affairs Nuclear Management Company, LLC Palisades Nuclear Plant 27780 Blue Star Memorial Highway Covert, MI 49043Paul A. HardenSite Vice President Palisades Nuclear Plant Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Covert, MI 49043