ML033230473

Withholding Proprietary Information Letter, Request for Withholding Information from Public Disclosure

ML033230473
Person / Time
Site:	Millstone
Issue date:	12/15/2003
From:	Richard Ennis NRC/NRR/DLPM/LPD1
To:	Christian D Dominion Nuclear Connecticut
Ennis R, NRR/DLPM, 415-1420
References
TAC MC0999, TAC MC1000, TAC MC1001
Download: ML033230473 (4)

Text

December 15, 2003 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, MILLSTONE POWER STATION, UNIT NOS. 1, 2, AND 3 (TAC NOS. MC0999, MC1000, AND MC1001)

Dear Mr. Christian:

By Dominion Nuclear Connecticut, Inc. (DNC) letter (B19012) dated November 7, 2003, and DNC affidavit, executed by Eugene S. Grecheck, dated November 7, 2003 (Attachment 2 to letter B19012), DNC requested 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) Section 2.790:

DNC 5 Year Financial Projection (Enclosure 1 to Letter B19012)

A nonproprietary copy of this document (Enclosure 2 to letter B19012), 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:

(1) This information is being held in confidence by DNC.

(2) This information is of a type that is held in confidence by DNC, and there is a rational basis for doing so because the information contains sensitive commercial information concerning DNCs financial information and capacity factor.

(3) This information is being transmitted to the NRC in confidence.

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

(5) Public disclosure of this information would create substantial harm to the competitive position of DNC by disclosing confidential DNC internal financial information to other parties whose commercial interests may be adverse to those of DNC. Furthermore, DNC has expended significant resources in the development of the information. Therefore, the use of this confidential information

D. Christian by competitors would permit them to use the information developed by DNC without the expenditure of similar resources, thus giving them a competitive advantage.

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 301-415-1420.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-245, 50-336, and 50-423 cc: See next page

D. Christian by competitors would permit them to use the information developed by DNC without the expenditure of similar resources, thus giving them a competitive advantage.

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 301-415-1420.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-245, 50-336, and 50-423 cc: See next page DISTRIBUTION:

PUBLIC JClifford VNerses BThomas PDI-2 Reading CRaynor DHolland MDusaniwskyj CHolden REnnis OGC BMcDermott, RGN-I ADAMS Accession Number: ML033230473 OFFICE PDI-2/PM PDI-2/LA RPRP/SC OGC PDI-2/SC NAME REnnis CRaynor BThomas BSmith DRoberts for JClifford DATE 11/20/03 11/20/03 11/20/03 12/01/03 12/15/03 OFFICIAL RECORD COPY

Millstone Power Station, Unit Nos. 1, 2, and 3 cc:

Lillian M. Cuoco, Esquire Mr. P. J. Parulis Senior Counsel Manager - Nuclear Oversight Dominion Resources Services, Inc. Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Rope Ferry Road Waterford, CT 06385 Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D. Mr. John Markowicz Director, Division of Radiation Co-Chair Department of Environmental Nuclear Energy Advisory Council Protection 9 Susan Terrace 79 Elm Street Waterford, CT 06385 Hartford, CT 06106-5127 Ms. Nancy Burton Regional Administrator, Region I 147 Cross Highway U.S. Nuclear Regulatory Commission Redding Ridge, CT 00870 475 Allendale Road King of Prussia, PA 19406 Mr. G. D. Hicks Director - Nuclear Station Safety and First Selectmen Licensing Town of Waterford Dominion Nuclear Connecticut, Inc.

15 Rope Ferry Road Rope Ferry Road Waterford, CT 06385 Waterford, CT 06385 Mr. W. R. Matthews Mr. Evan W. Woollacott Senior Vice President - Nuclear Operations Co-Chair Dominion Nuclear Connecticut, Inc. Nuclear Energy Advisory Council Rope Ferry Road 128 Terrys Plain Road Waterford, CT 06385 Simsbury, CT 06070 Charles Brinkman, Director Mr. William D. Meinert Washington Operations Nuclear Services Nuclear Engineer Westinghouse Electric Company Massachusetts Municipal Wholesale 12300 Twinbrook Pkwy, Suite 330 Electric Company Rockville, MD 20852 P.O. Box 426 Ludlow, MA 01056 Senior Resident Inspector Millstone Power Station Mr. David W. Dodson c/o U.S. Nuclear Regulatory Commission Licensing Supervisor P. O. Box 513 Dominion Nuclear Connecticut, Inc.

Niantic, CT 06357 Roper Ferry Road Waterford, CT 06385

Millstone Power Station, Unit Nos. 1, 2, and 3 cc:

Mr. S. E. Scace Attorney Nicholas J. Scobbo, Jr.

Assistant to the Site Vice President Ferriter, Scobbo, Caruso, Rodophele, PC Dominion Nuclear Connecticut, Inc. 75 State Street, 7th Floor Rope Ferry Road Boston, MA 02108-1807 Waterford, CT 06385 Ernest C. Hadley, Esquire Mr. M. J. Wilson 1040 B Main Street Manager - Nuclear Training P.O. Box 549 Dominion Nuclear Connecticut, Inc. West Wareham, MA 02576 Rope Ferry Road Waterford, CT 06385 Citizens Regulatory Commission ATTN: Ms. Susan Perry Luxton Mr. A. J. Jordan, Jr. 180 Great Neck Road Director - Nuclear Engineering Waterford, CT 06385 Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Deborah Katz, President Waterford, CT 06385 Citizens Awareness Network P.O. Box 83 Mr. S. P. Sarver Shelburne Falls, MA 03170 Director - Nuclear Station Operations and Maintenance Mr. John Buckingham Dominion Nuclear Connecticut, Inc. Department of Public Utility Control Rope Ferry Road Electric Unit Waterford, CT 06385 10 Liberty Square New Britain, CT 06051 Mr. J. Alan Price Site Vice President Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. Chris L. Funderburk Director, Nuclear Licensing and Operations Support Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Mr. Allan Johanson, Assistant Director Office of Policy and Management Policy Development & Planning Division 450 Capitol Avenue - MS# 52ERN P.O. Box 341441 Hartford, CT 06134-1441