ML013540071
| ML013540071 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 01/10/2002 |
| From: | Shukla G NRC/NRR/DLPM/LPD4 |
| To: | Rueger G Pacific Gas & Electric Co |
| Shukla G | |
| References | |
| TAC MB3523, TAC MB3524 | |
| Download: ML013540071 (5) | |
Text
January 10, 2002 Mr. Gregory M. Rueger Senior Vice President, Generation and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant P.O. Box 3 Avila Beach, CA 94177
SUBJECT:
DIABLO CANYON NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 -
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: APPLICATION FOR LICENSE TRANSFERS AND CONFORMING ADMINISTRATIVE LICENSE AMENDMENTS (TAC NOS. MB3523 AND MB3524)
Dear Mr. Rueger:
By your application dated November 30, 2001, and affidavit dated November 21, 2001, Pacific Gas and Electric Company (PG&E) submitted an application for license transfers and conforming administrative license amendments, and requested that Enclosure 8 of the application that contains confidential commercial or financial information, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. A nonproprietary copy of Enclosure 8 has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a) This information is and has been held in confidence by PG&E and its affiliated companies.
(b) This information is of a type that is held in confidence by PG&E and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial information concerning assets, projected revenues and operating expenses.
(c) This information was transmitted to the NRC in confidence.
(d) Other than the information included in the bankruptcy filing, this information is not available in public sources and could not be gathered readily from other publicly available information.
(e) Public disclosure of this information would create substantial harm to the competitive position of PG&E and its successors by disclosing internal financial projections.
Mr. Gregory M. Rueger We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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 2.790(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 301-415-8439.
Sincerely,
/RA/
Girija S. Shukla, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: See next page
Mr. Gregory M. Rueger We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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 2.790(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 301-415-8439.
Sincerely,
/RA/
Girija S. Shukla, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-275 and 50-323 cc: See next page DISTRIBUTION:
PUBLIC PDIV-2 R/F RidsNrrDlpmLpdiv (SRichards)
RidsNrrPMGShukla RidsNrrLAEPeyton MPSiemien, OGC RidsRgn4MailCenter CCarpenter ACCESSION NO.: ML013540071 OFFICE PDIV-2/PM PDIV-2/LA OGC PDIV-2/SC NAME GShukla:lf EPeyton MSiemien SDembek DATE 1/4/02 1/4/02 1/8/02 01/10/2002 OFFICIAL RECORD COPY
Diablo Canyon Power Plant, Units 1 and 2 cc:
NRC Resident Inspector Regional Administrator, Region IV Diablo Canyon Nuclear Power Plant U.S. Nuclear Regulatory Commission c/o U.S. Nuclear Regulatory Commission Harris Tower & Pavilion P.O. Box 369 611 Ryan Plaza Drive, Suite 400 Avila Beach, CA 93424 Arlington, TX 76011-8064 Dr. Richard Ferguson, Energy Chair Christopher J. Warner, Esq.
Sierra Club California Pacific Gas & Electric Company 1100 11th Street, Suite 311 Post Office Box 7442 Sacramento, CA 95814 San Francisco, CA 94120 Ms. Nancy Culver Mr. David H. Oatley, Vice President San Luis Obispo Diablo Canyon Operations and Mothers for Peace Plant Manager P.O. Box 164 Diablo Canyon Nuclear Power Plant Pismo Beach, CA 93448 P.O. Box 3 Avila Beach, CA 93424 Chairman San Luis Obispo County Board of Telegram-Tribune Supervisors ATTN: Managing Editor Room 370 1321 Johnson Avenue County Government Center P.O. Box 112 San Luis Obispo, CA 93408 San Luis Obispo, CA 93406 Mr. Truman Burns Mr. Ed Bailey, Radiation Program Director Mr. Robert Kinosian Radiologic Health Branch California Public Utilities Commission State Department of Health Services 505 Van Ness, Room 4102 P.O. Box 942732 (MS 178)
San Francisco, CA 94102 Sacramento, CA 94327-7320 Mr. Steve Hsu Mr. Robert A. Laurie, Commissioner Radiologic Health Branch California Energy Commission State Department of Health Services 1516 Ninth Street (MS 31)
P.O. Box 942732 Sacramento, CA 95814 Sacramento, CA 94327-7320 Diablo Canyon Independent Safety Committee ATTN: Robert R. Wellington, Esq.
Legal Counsel 857 Cass Street, Suite D Monterey, CA 93940