ML033460317
| ML033460317 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 12/12/2003 |
| From: | Jaffe D NRC/NRR/DLPM/LPD4 |
| To: | Tees D Texas Genco GP |
| Jaffe D, NRR/DLPM, 415-1439 | |
| References | |
| TAC MC0903, TAC MC0904 | |
| Download: ML033460317 (5) | |
Text
December 12, 2003 Mr. David G. Tees President & CEO Texas Genco GP, LLC 1111 Louisiana Houston, Texas 77002
SUBJECT:
SOUTH TEXAS PROJECT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE PER SECTION 2.790 OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS CONCERNING APPLICATION FOR AN ORDER AUTHORIZING INDIRECT TRANSFER OF FACILITY OPERATING LICENSES (TAC NOS. MC0903 AND MC0904)
Dear Mr. Tees:
By application dated September 29, 2003, STP Nuclear Operating Company (STPNOC), acting on behalf of Texas Genco, LP (Texas Genco), requested that the U. S. Nuclear Regulatory Commission (NRC) issue an Order consenting to the indirect transfer of control of Texas Gencos ownership interest in the South Texas Project Electric Generating Station, Units 1 and 2. By letter dated December 8, 2003, STPNOC submitted additional information concerning the September 29, 2003, application. Attachment 3 of the December 8, 2003, STPNOC submittal provided financial information concerning Texas Genco and Attachment 2 of the submittal was a December 2, 2003, affidavit signed by you, requesting that the subject information be withheld from public disclosure pursuant to Section 2.790 of Title 10 of the Code of Federal Regulations (10 CFR). A nonproprietary version of the subject financial information was also submitted as Attachment 1 of the submittal for placement in the NRC Public Document Room.
The affidavit furnished the following information pursuant to paragraph (b)(4) of 10 CFR 2.790 of the Commission's regulations, for consideration by the Commission in determining whether the information sought to be withheld from public disclosure be withheld.
i.
This information is and has been held in confidence by Texas Genco, LP.
ii.
This information is of a type that is customarily held in confidence by Texas Genco, LP, and there is a rational basis for doing so because the information contains sensitive financial information concerning projected revenues and operating expenses of Texas Genco, LP.
iii.
This information is being transmitted to the NRC voluntarily and in confidence.
iv.
This information is not available in public sources and could not be gathered readily from other publicly available information.
G. Tee v.
Public disclosure of this information would create substantial harm to the competitive position of Texas Genco, LP by disclosing its internal financial projections.
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.
By letter dated November 12, 2003, STPNOC submitted information and requested that it be withheld from public disclosure as proprietary. However, the request did not meet the standards set forth in 10 CFR 2.790 because the marginal lines were not used to identify the information claimed to be proprietary. Our copies of the November 12, 2003, submittal will be returned under separate cover.
If you have any questions regarding this matter, I may be reached at 301-415-1439.
Sincerely,
/RA/
David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: See next page
- See previous concurrence NRR-084 OFFICE PDIV-1/PM PDIV-1/LA RPRP/SC OGC PDIV-1/SC NAME DJaffe MMcAllister BThomas*
B.Smith*
RGramm DATE 12/12/03 12/12/03 12/01/03 12/9/03 12/12/03 Document Name: C:\\ORPCheckout\\FileNET\\ML033460317.wpd
South Texas Project, Units 1 and 2 cc:
Mr. Cornelius F. OKeefe Senior Resident Inspector U. S. Nuclear Regulatory Commission P. O. Box 910 Bay City, TX 77414 A. Ramirez/C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Mr. L. K. Blaylock Mr. W. C. Gunst City Public Service Board P. O. Box 1771 San Antonio, TX 78296 Mr. C. A. Johnson/A. C. Bakken AEP Texas Central Company P. O. Box 289 Mail Code: N5022 Wadsworth, TX 77483 INPO Records Center 700 Galleria Parkway Atlanta, GA 30339-3064 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 R. L. Balcom Texas Genco, LP P. O. Box 1700 Houston, TX 77251 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 A. H. Gutterman, Esq.
Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004 Mr. T. J. Jordan, Vice President Engineering & Technical Services STP Nuclear Operating Company P. O. Box 289 Wadsworth, TX 77483 S. M. Head, Manager, Licensing Nuclear Quality & Licensing Department STP Nuclear Operating Company P. O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 Environmental and Natural Resources Policy Director P. O. Box 12428 Austin, TX 78711-3189 Jon C. Wood Matthews & Branscomb 112 East Pecan, Suite 1100 San Antonio, TX 78205 Arthur C. Tate, Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756 Brian Almon Public Utility Commission William B. Travis Building P. O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326
South Texas Project, Units 1 & 2 cc:
Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483