ML053070514
| ML053070514 | |
| Person / Time | |
|---|---|
| Site: | Duane Arnold  |
| Issue date: | 11/01/2005 |
| From: | Stall J Florida Power & Light Co |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| TAC MC8026 | |
| Download: ML053070514 (5) | |
Text
FPL Energy An FPL Group Company November 1, 2005 Docket Nos. 50-331 72-32 10 CFR 50.80 10 CFR 50.90 10 CFR 72.210 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555
Subject:
Response to StaffRequest forAdditional Information re: Application for Order and Conforming Amendments for License Transfer (TAC No. MC8026)
Reference:
(1) Letter, G. Van Middlesworth (NMC) and J.A. Stall (FPLE) to USNRC, "Application for Order and Conforming Amendments for License Transfer," NG-05-0419, August 1, 2005.
(2) Letter, G. Van Middlesworth (NMC) and J.A. Stall (FLPLE) to USNRC, "Response to Staff Request for Additional Information re: Application for Order and Conforming Amendments for License Transfer (TAC No. MC8026), NG-05-061 1, November 1, 2005.
Dear Sir or Madam,
In the referenced application, Nuclear Management Company, LLC ("NMC"), Interstate Power and Light Company ("IPL"), and FPL Energy Duane Arnold, LLC ("FPLE Duane Arnold") (collectively, "the parties"), submitted an application to the Nuclear Regulatory Commission ("NRC") for an order and conforming amendments consenting to the transfer of Facility Operating License No. DPR49 for Duane Arnold Energy Center ("DAEC'). On October 20, 2005, the NRC Staff ("Staff') transmitted by facsimile to the parties a set of questions regarding this application. Conference calls were subsequently held between the parties and Staff to clarify this request for additional information. Reference (2) provided the responses to these questions, except for the responses to questions 6a and 6b which contain confidential commercial information.
PO Box 14D00 - Juno Beach, Florida 33408-0420 P I, oBoSSEBt
The Enclosure to this letter contains FPLE Duane Arnold's response to questions 6a and 6b. This letter requests that the attached responses be withheld from public disclosure pursuant to 10 C.F.R. §§ 2.390(a)(4) and 9.17(a)(4). An affidavit supporting this request is enclosed.
Sincerely,
-C32Zh J.A. Stall Senior Vice President, Nuclear and FPL Energy Duane Arnold, LLC
Enclosure:
Proprietary Response to NRC Request for Additional Information Affidavit of J.A. Stall cc: Administrator, Region III, USNRC Project Manager, Duane Arnold Energy Center, USNRC Resident Inspector, Duane Arnold Energy Center, USNRC Director, Spent Fuel Project Office State of Iowa - D. McGhee
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
Duane Arnold Energy Center ) Docket Nos. 50-331
) 72-32 AFFIRMATION I, J. A. Stall, being duly sworn, hereby depose and state that I am Senior Vice President, Nuclear and Chief Nuclear Officer of FPL Energy Duane Arnold, LLC; that I am duly authorized to file with the Nuclear Regulatory Commission the attached Response to NRC Request for Additional Information; that I am familiar with the content thereof; and that the matters set forth therein pertaining to FPLE Duane Arnold are true and correct to the best of my knowledge and belief.
J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Subscribed and sworn to before me, a Notary Public this day of November, 2005. JOYCE tEWMAN j el hyCommission 'umber 730289 owik ExPier
financial projections to other persons whose commercial interests may be adverse to FPLE and FPL Energy Duane Arnold.
- 3. Accordingly, FPLE and FPL Energy Duane Arnold request that the designated documents be withheld from public disclosure pursuant to 10 C.F.R. §§ 2.390(a)(4) and 9.1 7(a)(4).
Further, affiant sayeth naught.
J.A Stall Senior Vice President, Nuclear and Chief Nuclear Officer Subscribed and sworn to before me this L day of November, 2005.
ma JoY"r~c r. *"MAN I ...- 289 NOtPublic IOwe-X30 -,0-7 0*2 My commission expires 2"30 -0'.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
Duane Arnold Energy Center ) Docket Nos. 50-331
) 72-32 10 C.F.R. § 2.390 AFFIDAVIT OF J. A. STALL I, J. A. Stall, Senior Vice President, Nuclear, and Chief Nuclear Officer, of FPL Energy, LLC ("FPLE") and FPL Energy Duane Arnold, LLC, being duly sworn according to law, depose and state the following:
- 1. I am authorized to execute this affidavit on behalf of FPLE and its subsidiary, FLP Energy Duane Arnold, LLC ("FPL Energy Duane Arnold").
- 2. FPL Energy Duane Arnold is providing information in support of the Application for Order and Conforming License Amendments to Transfer Facility Operating License DPR-49, which FPLE Duane Arnold, Nuclear Management Company, LLC, and Interstate Power and Light Company filed on August 1, 2005. On October 20, 2005, the NRC Staff ("Staff')
transmitted by facsimile to the parties a set of questions regarding this application. The response to the Staff's questions 6(a) and 6(b) contains the financial projections of FPLE and FPL Energy Duane Arnold related to the operation of the Duane Arnold Energy Center. These documents constitute proprietary commercial information that should be held in confidence by the NRC pursuant to 10 C.F.R. §§ 9.17(a)(4) and 2.390(a)(4), because:
a) The information is and has been held in confidence by FPLE and its subsidiary, FPL Energy Duane Arnold.
b) This information is of a type that is held in confidence by FPLE and FPL Duane Arnold, and there is a rational basis for doing so because the information contains sensitive financial information concerning projected revenues, operating expenses, and finances of FPL Energy Duane Arnold.
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 FPLE and FPL Energy Duane Arnold by disclosing their internal