ML043170641

Request for Withholding Information from Public Disclosure by Letter Dated October 12, 2004

ML043170641
Person / Time
Site:	South Texas
Issue date:	11/09/2004
From:	Jaffe D NRC/NRR/DLPM/LPD4
To:	Fusco J, Tees D GC Power Acquisition, Texas Genco GP
Jaffe D, NRR/DLPM, 415-1439
References
TAC MC4732, TAC MC4733
Download: ML043170641 (5)

Text

November 9, 2004 Mr. David G. Tees Manager and President Texas Genco GP, LLC 1111 Louisiana Houston, TX 77002 Mr. Jack A. Fusco Chief Executive Officer GC Power Acquisition, LLC 12301 Kurland Drive, 4th Floor Houston, TX 77034 Messrs. Tees and Fusco:

SUBJECT:

TEXAS GENCO GP, LLC AND GC POWER ACQUISITION, LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SOUTH TEXAS PROJECT, UNITS 1 AND 2 (TAC NOS. MC4732 AND MC4733)

Dear Gentlemen:

By letter dated October 12, 2004, STP Nuclear Operating Company, acting on behalf of Texas Genco, LP, CenterPoint Energy, Inc., and GC Power Acquisition, LLC, submitted an affidavit dated October 8, 2004, and an affidavit dated October 6, 2004. The affidavits requested that the information contained in the following attachments to the October 12, 2004, letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: A A A A nonproprietary copy of these attachments has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room (ADAMS). (Note: Public access to ADAMS has been temporarily suspended so that security reviews of publicly available documents may be performed and potentially sensitive information removed. Please check the NRC Web site for updates on the resumption of ADAMS access.)

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 the applicant.

ii.

This information is of a type that is customarily held in confidence by the applicant, and there is a rational basis for doing so because the information contains sensitive financial information concerning projected revenues and operating expenses of the applicant.

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.

v.

Public disclosure of this information would create substantial harm to the competitive position of the applicant by disclosing its internal financial projections.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 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 2.390(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 301-415-1439.

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

ML043170641 OFFICE PDIV-1/PM PDIV-1/LA RPRP/SC PDIV-1/SC(A)

NAME DJaffe DBaxley BThomas*

MWebb DATE 11/9/04 11/5/04 10/27/04 11/9/04

November 2004 South Texas Project, Units 1 & 2 cc:

Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 910 Bay City, TX 77414 C. Kirksey/C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Mr. J. J. Nesrsta Mr. R. K. Temple City Public Service Board P. O. Box 1771 San Antonio, TX 78296 Mr. C. A. Johnson/ R. P. Powers 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 D. G. Tees/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 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 Cox Smith Matthews 112 East Pecan, Suite 1800 San Antonio, TX 78205 Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of State Health Services 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 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