ML050590047

Texas Genco LLC and Texas Genco LP - Withholding from Public Disclosure, Information in Attachment 7C (Proprietary), to the February 23, 2005 Letter

ML050590047
Person / Time
Site:	South Texas
Issue date:	03/08/2005
From:	Jaffe D NRC/NRR/DLPM/LPD4
To:	Fusco J, Tees D Texas Genco GP, Texas Genco
Jaffe D, NRR/DLPM, 415-1439
References
TAC MC4732, TAC MC4733, TAC MC4917, TAC MC4918
Download: ML050590047 (7)

Text

March 8, 2005 Mr. David G. Tees Manager and President Texas Genco GP, LLC 1111 Louisiana Houston, TX 77002 Mr. Jack A. Fusco Chief Executive Officer Texas Genco, LLC 12301 Kurland Drive, 4th Floor Houston, TX 77034 Messrs. Tees and Fusco:

SUBJECT:

TEXAS GENCO LLC, AND , TEXAS GENCO LP - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SOUTH TEXAS PROJECT, UNITS 1 AND 2 (TAC NOS. MC4732, MC4733, MC4917, AND MC4918)

Dear Gentlemen:

By letter dated February 23, 2005, STP Nuclear Operating Company, acting on behalf of Texas Genco LP, and Texas Genco LLC (previously known as GC Power Acquisition LLC), submitted an affidavit dated February 23, 2005, and an affidavit dated February 22, 2005, respectively.

The affidavits requested that the information contained in Attachment 7C (proprietary), to the February 23, 2005 letter, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

A nonproprietary copy of this attachment 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.

The affidavits state 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 applicants.

ii. This information is of a type that is customarily held in confidence by the applicants, 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 applicants by disclosing their internal financial projections and proprietary business information.

We have reviewed your applications and the supporting 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

ML050590047 OFFICE PDIV-1/PM PDIV-1/LA RPRP/SC PDIV-1/SC NAME DJaffe DBaxley BThomas AHowe DATE 3/4/05 3/3/05 3/4/05 3/8/05 South Texas Project, Units 1 & 2 cc:

Senior Resident Inspector A. H. Gutterman, Esq.

U.S. Nuclear Regulatory Commission Morgan, Lewis & Bockius P. O. Box 910 1111 Pennsylvania Avenue, NW Bay City, TX 77414 Washington, DC 20004 C. Kirksey/C. M. Canady Mr. T. J. Jordan, Vice President City of Austin Engineering & Technical Services Electric Utility Department STP Nuclear Operating Company 721 Barton Springs Road P. O. Box 289 Austin, TX 78704 Wadsworth, TX 77483 Mr. J. J. Nesrsta S. M. Head, Manager, Licensing Mr. R. K. Temple STP Nuclear Operating Company City Public Service Board P. O. Box 289, Mail Code: N5014 P. O. Box 1771 Wadsworth, TX 77483 San Antonio, TX 78296 Environmental and Natural Resources Mr. C. A. Johnson/ R. P. Powers Policy Director AEP Texas Central Company P. O. Box 12428 P. O. Box 289 Austin, TX 78711-3189 Mail Code: N5022 Wadsworth, TX 77483 Jon C. Wood Cox Smith Matthews INPO 112 East Pecan, Suite 1800 Records Center San Antonio, TX 78205 700 Galleria Parkway Atlanta, GA 30339-3064 Director Division of Compliance & Inspection Regional Administrator, Region IV Bureau of Radiation Control U.S. Nuclear Regulatory Commission Texas Department of State Health Services 611 Ryan Plaza Drive, Suite 400 1100 West 49th Street Arlington, TX 76011 Austin, TX 78756 D. G. Tees/R. L. Balcom Brian Almon Texas Genco, LP Public Utility Commission P. O. Box 1700 William B. Travis Building Houston, TX 77251 P. O. Box 13326 1701 North Congress Avenue Judge, Matagorda County Austin, TX 78701-3326 Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 November 2004

Susan M. Jablonski Mr. James J. Sheppard Office of Permitting, Remediation President and Chief Executive Officer and Registration STP Nuclear Operating Company Texas Commission on South Texas Project Electric Environmental Quality Generating Station MC-122 P. O. Box 289 P.O. Box 13087 Wadsworth, TX 77483 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