ML051540373
| 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 FirstEnergy Corporation 76 South Main St.
Akron, OH 44308 Resident Inspector's Office U.S. Nuclear Regulatory Commission P.O. Box 331 Perry, OH 44081-0331 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 2443 Warrenville Road Lisle, IL 60532-4531 Sue Hiatt OCRE Interim Representative 8275 Munson Mentor, OH 44060 Manager - Regulatory Compliance FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant P.O. Box 97, A210 10 Center Road Perry, OH 44081 Director, Site Operations FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant P.O. Box 97, SB306 Perry, OH 44081 Mayor, Village of North Perry North Perry Village Hall 4778 Lockwood Road North Perry Village, OH 44081 Donna Owens, Director Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsburg, OH 43068-9009 Carol OClaire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-7150 Mayor, Village of Perry P.O. Box 100 Perry, OH 44081-0100 Dennis Clum Radiological Assistance Section Supervisor Bureau of Radiation Protection Ohio Department of Health P.O. Box 118 Columbus, OH 43266-0118 Zack A. Clayton DERR Ohio Environmental Protection Agency ATTN: Mr. Zack A. Clayton P.O. Box 1049 Columbus, OH 43266-0149 Chairman Perry Township Board of Trustees 3750 Center Road, Box 65 Perry, OH 44081 Daniel Z. Fisher Transportation Department Public Utilities Commission 180 East Broad Street Columbus, OH 43215-3793 Joseph J. Hagan Senior Vice President, Engineering and Services First Energy Nuclear Operating Company 76 South Main Street Akron, OH 44308 Mr. Lew W. Myers Chief Operating Officer FirstEnergy Nuclear Operating Company 76 South Main Street Akron, OH 44308
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 FirstEnergy Nuclear Operating Company FirstEnergy Corporation 76 South Main Street Akron, OH 44308 FirstEnergy Nuclear Operating Company Regulatory Affairs/Performance Improvement Larry R. Freeland, Manager Beaver Valley Power Station Post Office Box 4, BV-A Shippingport, PA 15077 Commissioner James R. Lewis West Virginia Division of Labor 749-B, Building No. 6 Capitol Complex Charleston, WV 25305 Director, Utilities Department Public Utilities Commission 180 East Broad Street Columbus, OH 43266-0573 Director, Pennsylvania Emergency Management Agency 2605 Interstate Dr.
Harrisburg, PA 17110-9364 Ohio EPA-DERR ATTN: Zack A. Clayton Post Office Box 1049 Columbus, OH 43266-0149 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803 J. H. Lash, Plant Manager (BV-IPAB)
FirstEnergy Nuclear Operating Company Beaver Valley Power Station Post Office Box 4 Shippingport, PA 15077 Rich Janati, Chief Division of Nuclear Safety Bureau of Radiation Protection Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Mayor of the Borough of Shippingport P O Box 3 Shippingport, PA 15077 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspector U.S. Nuclear Regulatory Commission Post Office Box 298 Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Beaver Valley Power Station ATTN: R. G. Mende, Director Work Management (BV-IPAB)
Post Office Box 4 Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mr. B. F. Sepelak Post Office Box 4, BV-A Shippingport, PA 15077 Mr. L. William Pearce Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Post Office Box 4 Shippingport, PA 15077