ML020460091

Letter from Oyster Creek Requesting Enclosed Information Be Withheld from Public Disclosure Pursuant to 10CFR2.790

ML020460091
Person / Time
Site:	Oyster Creek
Issue date:	01/16/2002
From:	Jamie Benjamin Exelon Nuclear
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML020460091 (4)

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Exelon Nuclear 200 Exelon Way Kennett Square, PA 19348 www.exeloncorp.com Nuclear January 16, 2002 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 Oyster Creek Nuclear Generating Station Facility Operating License No. DPR-16 NRC Docket No-50-219

Dear Sir/Madam:

The purpose of this letter is to inform the Nuclear Regulatory Commission (NRC) that AmerGen Energy Company, LLC (AmerGen)

This information is being submitted Both the in accordance with I OCFR2.790.

Accordingly, pursuant to 10CFR2.790 and 10CFR9.17, AmerGen requests In accordance with 10CFR2.790 and 10CFR9.17, attached is an affidavit providing the basis for withholding the information from public disclosure. If the NRC receives a request for disclosure of this information from any source, whether individual or government agency, or otherwise is unable to honor AmerGen's application for withholding, we respectfully request that the NRC notify AmerGen in advance of any possible public disclosure in order to provide us the opportunity to consider withdrawing this letter.

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If you have any questions regarding this letter, please contact Mr. Michael P. Gallagher, Director, Licensing and Regulatory Affairs, Mid-Atlantic Regional Operating Group at (610) 765-5664.

Very truly yours, Jeffrey A. Benjamin Vice President - Licensing and Regulatory Affairs

Enclosures:

Affidavit, Attachment 1 cc:

H. J. Miller, Administrator, Region I, USNRC L. A. Dudes, USNRC Senior Resident Inspector K. Tosch, Director, Bureau of Nuclear Engineering, State of New Jersey

Affidavit of Jeffrey A. Benjamin I, Jeffrey A. Benjamin, Vice President, Licensing and Regulatory Affairs, do hereby affirm and state:

1.

I am authorized to execute this affidavit on behalf of AmerGen Energy Company, LLC (AmerGen).

2.

AmerGen is providing this information with respect to its intent to seek license renewal for the Oyster Creek Nuclear Generating Station ("OCNGS," NRC Facility Operating License No. DPR-16; Docket No. 50-219). This notice of intent to pursue license renewal is being provided voluntarily by AmerGen solely for the NRC's planning and budgeting purposes. This information constitutes proprietary commercial and financial information that should be held in confidence by the NRC under 10CFR2.790(a)(4) and 10 C.F.R. 9.17(a)(4), because:

i.

This information is and has been held in confidence by AmerGen.

ii.

This information is being transmitted voluntarily to the NRC in confidence.

iii.

This information is not available in public sources and could not be gathered readily from other publicly available information.

iv.

Public disclosure of this information would create substantial harm to the competitive position of AmerGen by prematurely making public AmerGen's intent to seek license renewal for OCNGS, thereby providing information to parties whose commercial or other interests may be adverse to those of AmerGen.

3.

Accordingly, AmerGen requests that the foregoing document and the information contained therein be withheld from public disclosure under 10CFR2.790(a)(4) and 10CFR9.17 (a)(4).

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in iensing and Regulatory Affairs Commonwealth of State of Illinois County of h)j2 Subscribed and sworn to before me, a Notary Public, in and for the County and State above named, this 1&,t day of 0A. 4ooQ Notary Public My Commission Expires:

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! OFFICIAL SEAL ANESE L. GRIGSBY NOTARY PUBLIC, STATE OF ILLINOIS MYCOMMISSION EXPIRES 3-13-2005

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