ML020780118
| ML020780118 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 03/13/2002 |
| From: | Tam P NRC/NRR/DLPM/LPD1 |
| To: | Kingsley O Exelon Generation Co |
| Tam P | |
| References | |
| TAC MB7450 | |
| Download: ML020780118 (4) | |
Text
March 13, 2002 Mr. Oliver D. Kingsley, President and Chief Nuclear Officer Exelon Nuclear Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, OYSTER CREEK NUCLEAR GENERATING STATION (TAC NO. MB7450)
Dear Mr. Kingsley:
By a letter and affidavit both dated January 16, 2002, Mr. Jeffrey A. Benjamin of Exelon Nuclear corresponded with the Nuclear Regulatory Commission (NRC) regarding future Oyster Creek business plans. He requested that the letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. Mr. Benjamin also submitted a non-proprietary version of the same document as Attachment 1 for placement in the NRC 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:
(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 AmerGens intent to seek license renewal for OCNGS [Oyster Creek Nuclear Generating Station], thereby providing information to parties whose commercial or other interests may be adverse to those of AmerGen.
We have reviewed Mr. Benjamins letter in accordance with the requirements of 10 CFR 2.790.
On the basis of Mr. Benjamins statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
O. D. Kingsley 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page
O. D. Kingsley 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-410 cc: See next page DISTRIBUTION:
PUBLIC S. Little B. Platchek, RGI PDI-1 Reading File J. Munday P. Tam M. P. Siemien, OGC Accession Number: ML020780118 OFFICE PDI-1\\PM PDI-1\\LA OGC PDI-1\\ASC NAME PTam SLittle MSiemien JMunday DATE 3/4/02 3/4/02 3/12/02 3/13/02 OFFICIAL RECORD COPY
Oyster Creek Nuclear Generating Station cc:
John Skolds Chief Operating Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 William Bohkle Senior Vice President Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 John B. Cotton Senior Vice President - Operations Support Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Joseph J. Hagan Senior Vice President -
Mid Atlantic Regional Operating Group Exelon Generation Company, LLC 200 Exelon Way, Suite 305 Kennett Square, PA 19348 Kevin P. Gallen, Esquire Morgan, Lewis, & Bockius LLP 1800 M Street, NW Washington, DC 20036-5869 Kent Tosch, Chief New Jersey Department of Environmental Protection Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 Mr. Jeffrey A. Benjamin Vice President -
Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Mr. Ronald J. DeGregorio Vice President Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC PO Box 388 Forked River, NJ 08731 H. J. Miller Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mayor of Lacey Township 818 West Lacey Road Forked River, NJ 08731 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Michael P. Gallagher Director - Licensing Exelon Generation Company, LLC Correspondence Control Desk P.O. Box 160 Kennett Square, PA 19348 Ernest J. Harkness Plant Manager Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Manager Regulatory Assurance Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Edward J. Cullen, Jr., Esquire Vice President, General Counsel and Secretary Exelon Generation Company, LLC 300 Exelon Way Kennett Square, PA 19348 J. Rogge, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415