ML051540373

6/16/05, Firstenergy Nuclear Operating Co, Withholding from Public Disclosure, Application for Order Consenting to Transfer of Licenses and Approving Conforming License Amendments for Beaver Valley, Units 1 & 2 and Perry Nuclear Power Plant

ML051540373
Person / Time
Site:	Beaver Valley, Perry
Issue date:	06/16/2005
From:	Macon W NRC/NRR/DLPM/LPD3
To:	Leidich G FirstEnergy Nuclear Operating Co
Macon W, NRR/DLPM,415-3965
References
TAC MC7005, TAC MC7006, TAC MC7007
Download: ML051540373 (6)

Text

June 16, 2005 Mr. Gary R. Leidich President and Chief Nuclear Officer FirstEnergy Nuclear Operating Company 76 South Main Street Akron, OH 44308

SUBJECT:

FIRSTENERGY NUCLEAR OPERATING COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2, AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 (TAC NOS. MC7005, MC7006 AND MC7007)

Dear Mr. Leidich:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated May 18, 2005, FirstEnergy Nuclear Operating Company (FENOC) submitted an affidavit dated May 18, 2005, executed by yourself, requesting 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), Part 2, Section 2.390, and Part 9, Section 9.17(a)(4):

Beaver Valley Power Station, Unit Nos. 1 & 2 and Perry Nuclear Power Plant, Unit No. 1, Docket Nos. 50-334 & 50-440, and 50-412, Application for Order Consenting to Transfer of Licenses and Approving Conforming License Amendments A nonproprietary copy of this document has been placed in the NRC's 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:

a. This information is and has been held in confidence by FENOC and its affiliates.

b. This information is of a type that is held in confidence by FENOC and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning FENOC's affiliates' anticipated revenues and operating expenses.

c. This information is being transmitted to the NRC in confidence.

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

e. Public disclosure of this information would create substantial harm to the competitive position of FENOC by disclosing its internal financial pro forma

G. Leidich statements and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of FENOC.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and 10 CFR 9.17(a)(4) 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 versions 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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Jr., Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, and 50-440 cc: See next page

G. Leidich June 16, 2005 and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of FENOC.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and 10 CFR 9.17(a)(4) 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 versions 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 301-415-3965.

Sincerely,

/RA/

William A. Macon, Jr., Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, and 50-440 cc: See next page DISTRIBUTION:

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Accession Number: ML051540373 Nrr-084 OFFICE PM:PDIII-2 LA:PDIII-2 SC:RPRP-C SC:PDIII-2 NAME WMacon DClarke AMcKeigney GSuh DATE 6/13/05 6/13/05 6/15/05 6/16/05 OFFICIAL RECORD COPY

Perry Nuclear Power Plant, Unit 1 cc:

David W. Jenkins Ohio Emergency Management Agency FirstEnergy Corporation 2855 West Dublin Granville Road 76 South Main St. Columbus, OH 43235-7150 Akron, OH 44308 Mayor, Village of Perry Resident Inspector's Office P.O. Box 100 U.S. Nuclear Regulatory Commission Perry, OH 44081-0100 P.O. Box 331 Perry, OH 44081-0331 Dennis Clum Radiological Assistance Section Supervisor Regional Administrator, Region III Bureau of Radiation Protection U.S. Nuclear Regulatory Commission Ohio Department of Health 2443 Warrenville Road P.O. Box 118 Lisle, IL 60532-4531 Columbus, OH 43266-0118 Sue Hiatt Zack A. Clayton OCRE Interim Representative DERR 8275 Munson Ohio Environmental Protection Agency Mentor, OH 44060 ATTN: Mr. Zack A. Clayton P.O. Box 1049 Manager - Regulatory Compliance Columbus, OH 43266-0149 FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant Chairman P.O. Box 97, A210 Perry Township Board of Trustees 10 Center Road 3750 Center Road, Box 65 Perry, OH 44081 Perry, OH 44081 Director, Site Operations Daniel Z. Fisher FirstEnergy Nuclear Operating Company Transportation Department Perry Nuclear Power Plant Public Utilities Commission P.O. Box 97, SB306 180 East Broad Street Perry, OH 44081 Columbus, OH 43215-3793 Mayor, Village of North Perry Joseph J. Hagan North Perry Village Hall Senior Vice President, Engineering and 4778 Lockwood Road Services North Perry Village, OH 44081 First Energy Nuclear Operating Company 76 South Main Street Donna Owens, Director Akron, OH 44308 Ohio Department of Commerce Division of Industrial Compliance Mr. Lew W. Myers Bureau of Operations & Maintenance Chief Operating Officer 6606 Tussing Road FirstEnergy Nuclear Operating Company P.O. Box 4009 76 South Main Street Reynoldsburg, OH 43068-9009 Akron, OH 44308 Carol OClaire, Chief, Radiological Branch

Perry Nuclear Power Plant, Unit 1 cc:

Director, Regulatory Affairs FirstEnergy Nuclear Operating Company 395 Ghent Road Akron, OH 44333 Richard Anderson Vice President FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant P.O. Box 97, A290 10 Center Road Perry, OH 44081

Beaver Valley Power Station, Unit Nos. 1 and 2 cc:

Mary OReilly, Attorney Rich Janati, Chief FirstEnergy Nuclear Operating Company Division of Nuclear Safety FirstEnergy Corporation Bureau of Radiation Protection 76 South Main Street Department of Environmental Protection Akron, OH 44308 Rachel Carson State Office Building P.O. Box 8469 FirstEnergy Nuclear Operating Company Harrisburg, PA 17105-8469 Regulatory Affairs/Performance Improvement Mayor of the Borough of Shippingport Larry R. Freeland, Manager P O Box 3 Beaver Valley Power Station Shippingport, PA 15077 Post Office Box 4, BV-A Shippingport, PA 15077 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Commissioner James R. Lewis 475 Allendale Road West Virginia Division of Labor King of Prussia, PA 19406 749-B, Building No. 6 Capitol Complex Resident Inspector Charleston, WV 25305 U.S. Nuclear Regulatory Commission Post Office Box 298 Director, Utilities Department Shippingport, PA 15077 Public Utilities Commission 180 East Broad Street FirstEnergy Nuclear Operating Company Columbus, OH 43266-0573 Beaver Valley Power Station ATTN: R. G. Mende, Director Director, Pennsylvania Emergency Work Management (BV-IPAB)

Management Agency Post Office Box 4 2605 Interstate Dr. Shippingport, PA 15077 Harrisburg, PA 17110-9364 FirstEnergy Nuclear Operating Company Ohio EPA-DERR Beaver Valley Power Station ATTN: Zack A. Clayton Mr. B. F. Sepelak Post Office Box 1049 Post Office Box 4, BV-A Columbus, OH 43266-0149 Shippingport, PA 15077 Dr. Judith Johnsrud Mr. L. William Pearce National Energy Committee Vice President Sierra Club FirstEnergy Nuclear Operating 433 Orlando Avenue Company State College, PA 16803 Beaver Valley Power Station Post Office Box 4 J. H. Lash, Plant Manager (BV-IPAB)

FirstEnergy Nuclear Operating Company Shippingport, PA 15077 Beaver Valley Power Station Post Office Box 4 Shippingport, PA 15077