ML061010150

South Carolina Electric & Gas Company, Request for Withholding Information from Public Disclosure for Virgil C. Summer Nuclear Station, Unit 1

ML061010150
Person / Time
Site:	Summer
Issue date:	04/27/2006
From:	Martin R Plant Licensing Branch III-2
To:	Archie J South Carolina Electric & Gas Co
sxd6, 301-415-1485
References
Download: ML061010150 (4)

Text

April 27, 2006 Mr. Jeffery B. Archie Vice President, Nuclear Operations South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station Post Office Box 88 Jenkinsville, SC 29065

SUBJECT:

SOUTH CAROLINA ELECTRIC & GAS COMPANY (SCE&G), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR VIRGIL C. SUMMER NUCLEAR STATION, UNIT 1 (TAC NO. MD1083)

Dear Mr. Archie:

By letter dated March 31, 2006, SCE&G submitted an affidavit dated March 31, 2006, executed by you, requesting 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: to your letter dated March 31, 2006, entitled Guarantee of Payment of Deferred Premiums Annual 10CFR140.21(e) Report.

A nonproprietary copy of this document, Attachment 3 to your letter dated March 31, 2006, entitled Guarantee of Payment of Deferred Premiums Annual 10CFR140.21(e) Report, has been placed in the Nuclear Regulatory Commissions (NRCs) 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 considered company confidential and has been held in confidence by SCE&G.

b. This information is of the type customarily held in confidence by SCE&G and the rationale basis is that it would provide an unfair advantage to competitors if it were disclosed.

c. This information is transmitted in confidence to the NRC and the purpose of this request is to maintain its confidentiality.

d. The 2006 projected cash flow information is not available from public sources.

J. B. Archie e. Public disclosure of the information sought to be withheld is likely to cause harm to SCE&Gs competitive position and reduce the availability of profit-making opportunities.

We have reviewed your application and the material in accordance with the requirements of 10 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 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 regarding this matter, I may be reached at 301-415-1345.

Sincerely,

/RA/

Robert E. Martin, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-395 cc: See next page

J. B. Archie April 27, 2006

e. Public disclosure of the information sought to be withheld is likely to cause harm to SCE&Gs competitive position and reduce the availability of profit-making opportunities.

We have reviewed your application and the material in accordance with the requirements of 10 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 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 regarding this matter, I may be reached at 301-415-1345.

Sincerely,

/RA/

Robert E. Martin, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-395 cc: See next page DISTRIBUTION:

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ADAMS Accession No: ML061010150 NRR-084 OFFICE LPL2-1/PM LPL2-1/PM DPR/PFPB LPL2-1/LA LPL2-1/BC NAME SLingam RMartin MDusaniwskyz RSola EMarinos DATE 4/10/06 4/11/06 4/20/06 4/25/06 4/27/06 OFFICIAL AGENCY RECORD

Mr. Jeffrey B. Archie VIRGIL C. SUMMER NUCLEAR STATION South Carolina Electric & Gas Company cc:

Mr. R. J. White Nuclear Coordinator S.C. Public Service Authority c/o Virgil C. Summer Nuclear Station Post Office Box 88, Mail Code 802 Jenkinsville, South Carolina 29065 Resident Inspector/Summer NPS c/o U.S. Nuclear Regulatory Commission 576 Stairway Road Jenkinsville, South Carolina 29065 Chairman, Fairfield County Council Drawer 60 Winnsboro, South Carolina 29180 Mr. Henry Porter, Assistant Director Division of Waste Management Bureau of Land & Waste Management Dept. of Health & Environmental Control 2600 Bull Street Columbia, South Carolina 29201 Mr. Thomas D. Gatlin, General Manager Nuclear Plant Operations South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station Post Office Box 88, Mail Code 300 Jenkinsville, South Carolina 29065 Mr. Robert G. Sweet, Manager Nuclear Licensing South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station Post Office Box 88, Mail Code 830 Jenkinsville, South Carolina 29065 Ms. Kathryn M. Sutton Morgan, Lewis & Bockius LLP 111 Pennsylvania Avenue, NW.

Washington, DC 20004