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, 2007 Mr. C. Randy Hutchinson Senior Vice President-Development Entergy Nuclear Operations, Inc.

P.O. Box 32000 Jackson, MS 39286

SUBJECT:

PALISADES NUCLEAR PLANT, REQUEST FOR WITHHOLDING INFORMATION 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 Federal Regulations (10 CFR 50.80), to transfer the Palisades Nuclear Plant (Palisades) Facility Operating 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 Amendment for License Transfer, dated August 31, 2006 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:

i. This information is and has been held in confidence by Entergy Nuclear Palisades and ENO.

ii. This information is of a type that is held in confidence by Entergy Nuclear Palisades and 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 readily from other publicly available information.

C. Hutchinson iv. Public disclosure of this information would create substantial harm to the competitive position 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 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(s) 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 301-415-8371.

Sincerely,

/RA/

Mahesh L. Chawla, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-255 cc: See next page

ML070230017 OFFICE NRR/LPL3-1 NRR/LPL3-1/PM NRR/LPL3-1/LA NRR/PFPB/BC NRR/LPL3-1/BC(A)

NAME JPoole:ca MChawla THarris RCarlson PMilano DATE 02 /05/07 02/06/07 02/ 06 /07 01/31/07 02/06/07 Palisades Plant cc:

Robert A. Fenech, Senior Vice President 525 West Ottawa St.

Nuclear, Fossil, and Hydro Operations Sixth Floor, G. Mennen Williams Building Consumers Energy Company Lansing, MI 48913 1945 Parnall Rd.

Jackson, MI 49201 Michael B. Sellman President and Chief Executive Officer Arunas T. Udrys, Esquire Nuclear Management Company, LLC Consumers Energy Company 700 First Street 1 Energy Plaza Hudson, MI 54016 Jackson, MI 49201 Jonathan Rogoff, Esquire Regional Administrator, Region III Vice President, Counsel & Secretary U.S. Nuclear Regulatory Commission Nuclear Management Company, LLC Suite 210 700 First Street 2443 Warrenville Road Hudson, WI 54016 Lisle, IL 60532-4351 Douglas E. Cooper Supervisor Senior Vice President and Covert Township Chief Nuclear Officer P. O. Box 35 Nuclear Management Company, LLC Covert, MI 49043 700 First Street Hudson, WI 54016 Office of the Governor P. O. Box 30013 Stephen T. Wawro, Director Lansing, MI 48909 of Nuclear Assets Consumers Energy Company U.S. Nuclear Regulatory Commission Palisades Nuclear Plant Resident Inspector's Office 27780 Blue Star Memorial Highway Palisades Plant Covert, MI 49043 27782 Blue Star Memorial Highway Covert, MI 49043 Laurie A. Lahti, Manager Regulatory Affairs Michigan Department of Environmental Quality Nuclear Management Company, LLC Waste and Hazardous Materials Division Palisades Nuclear Plant Hazardous Waste and Radiological 27780 Blue Star Memorial Highway Protection Section Covert, MI 49043 Nuclear Facilities Unit Constitution Hall, Lower-Level North Paul A. Harden 525 West Allegan Street Site Vice President P.O. Box 30241 Palisades Nuclear Plant Lansing, MI 48909-7741 Nuclear Management Company, LLC 27780 Blue Star Memorial Highway Covert, MI 49043 Michigan Department of Attorney General Special Litigation Division