ML053200245
| ML053200245 | |
| Person / Time | |
|---|---|
| Site: | Duane Arnold  |
| Issue date: | 11/22/2005 |
| From: | Spaulding D Plant Licensing Branch III-2 |
| To: | Hartzog J Florida Power & Light Co, Duane Arnold |
| Spaulding D, NRR/DLPM, 415-2928 | |
| References | |
| TAC MC5026 | |
| Download: ML053200245 (6) | |
Text
November 22, 2005 Mr. John Hartzog, Manager, Special Financial Projects Florida Power and Light Company Florida Power and Light Energy, LLC (FPLE)
FPL Energy Duane Arnold (FPLE Duane Arnold)
P. O. Box 14000 Juno Beach, FL 33408-0420
SUBJECT:
FLORIDA POWER AND LIGHT ENERGY LLC (FPLE) AND ITS SUBSIDIARY FPL ENERGY DUANE ARNOLD (FPLE DUANE ARNOLD) REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DUANE ARNOLD ENERGY CENTER (DAEC) (TAC NO. MC8026)
Dear Mr. Hartzog:
By letter to the Nuclear Regulatory Commission (NRC) dated August 1, 2005, Florida Power and Light Energy LLC (FPLE) and its subsidiary FPL Energy Duane Arnold (FPLE Duane Arnold) submitted an affidavit dated July 29, 2005, executed by you requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
FPL ENERGY DUANE ARNOLD LLC PROJECTED INCOME STATEMENT (FOR 70 percent OF PLANT)
FPL ENERGY DUANE ARNOLD, LLC PROJECTED OPENING BALANCE SHEET AT 1/1/06 (FOR 70 percent OF PLANT)
A nonproprietary copy of this document has been placed in the NRC 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)
The information is and has been held in confidence by FPLE and its subsidiary, FPLE Duane Arnold.
b)
This information is of a type that is held in confidence by FPLE and FPLE 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 FPLE Duane Arnold.
c)
This information is being transmitted to the NRC in confidence.
J. Hartzog 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 FPLE Duane Arnold by disclosing their internal financial projections to other persons whose commercial interests may be adverse to FPLE and FPLE Duane Arnold.
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 301-415-2928.
Sincerely,
/RA/
Deirdre W. Spaulding, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-331 cc: See next page
J. Hartzog 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 FPLE Duane Arnold by disclosing their internal financial projections to other persons whose commercial interests may be adverse to FPLE and FPLE Duane Arnold.
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 301-415-2928.
Sincerely,
/RA/
Deirdre W. Spaulding, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-331 cc: See next page DISTRIBUTION:
PUBLIC LPLIII-1 R/F DSpaulding MPadovan LRaghavan OGC ACRS THarris RGN III DORL DPR TBoyce ADAMS Accession Number: ML053200245 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA NRR-LPL-3-1/BC NAME DSpaulding THarris PTam for LRaghavan DATE 11/21/05 11/21/05 11/22/05 OFFICIAL RECORD COPY
Duane Arnold Energy Center cc:
Michael B. Sellman President and Chief Executive Officer Nuclear Management Company, LLC 700 First Street Hudson, MI 54016 John Bjorseth Plant Manager Duane Arnold Energy Center 3277 DAEC Road Palo, IA 52324 Steven R. Catron Manager, Regulatory Affairs Duane Arnold Energy Center 3277 DAEC Road Palo, IA 52324 U. S. Nuclear Regulatory Commission Resident Inspectors Office Rural Route #1 Palo, IA 52324 Regional Administrator, Region III U. S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 Jonathan Rogoff Vice President, Counsel & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Bruce Lacy Nuclear Asset Manager Alliant Energy/Interstate Power and Light Company 3277 DAEC Road Palo, IA 52324 Daniel McGhee Utilities Division Iowa Department of Commerce Lucas Office Buildings, 5th floor Des Moines, IA 50319 Chairman, Linn County Board of Supervisors 930 1st Street SW Cedar Rapids, IA 52404 Craig G. Anderson Senior Vice President, Group Operations 700 First Street Hudson, WI 54016 November 2005