ML033230473
| 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 Senior Counsel Dominion Resources Services, Inc.
Rope Ferry Road Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D.
Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385 Mr. W. R. Matthews Senior Vice President - Nuclear Operations Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Charles Brinkman, Director Washington Operations Nuclear Services Westinghouse Electric Company 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P. O. Box 513 Niantic, CT 06357 Mr. P. J. Parulis Manager - Nuclear Oversight Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. John Markowicz Co-Chair Nuclear Energy Advisory Council 9 Susan Terrace Waterford, CT 06385 Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870 Mr. G. D. Hicks Director - Nuclear Station Safety and Licensing Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terrys Plain Road Simsbury, CT 06070 Mr. William D. Meinert Nuclear Engineer Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056 Mr. David W. Dodson Licensing Supervisor Dominion Nuclear Connecticut, Inc.
Roper Ferry Road Waterford, CT 06385
Millstone Power Station, Unit Nos. 1, 2, and 3 cc:
Mr. S. E. Scace Assistant to the Site Vice President Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. M. J. Wilson Manager - Nuclear Training Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. A. J. Jordan, Jr.
Director - Nuclear Engineering Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 Mr. S. P. Sarver Director - Nuclear Station Operations and Maintenance Dominion Nuclear Connecticut, Inc.
Rope Ferry Road Waterford, CT 06385 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 Attorney Nicholas J. Scobbo, Jr.
Ferriter, Scobbo, Caruso, Rodophele, PC 75 State Street, 7th Floor Boston, MA 02108-1807 Ernest C. Hadley, Esquire 1040 B Main Street P.O. Box 549 West Wareham, MA 02576 Citizens Regulatory Commission ATTN: Ms. Susan Perry Luxton 180 Great Neck Road Waterford, CT 06385 Deborah Katz, President Citizens Awareness Network P.O. Box 83 Shelburne Falls, MA 03170 Mr. John Buckingham Department of Public Utility Control Electric Unit 10 Liberty Square New Britain, CT 06051