ML061520144
| ML061520144 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs, Nine Mile Point, Ginna  |
| Issue date: | 06/06/2006 |
| From: | Milano P NRC/NRR/ADRO/DORL/LPLA |
| To: | Heffley J Constellation Generation Group |
| Milano P, NRR/DLPM , 415-1457 | |
| References | |
| TAC MC9620, TAC MC9621, TAC MC9622, TAC MC9623, TAC MC9624 | |
| Download: ML061520144 (6) | |
Text
June 6, 2006 Mr. John M. Heffley Chief Nuclear Officer Constellation Generation Group 1997 Annapolis Exchange Parkway Suite 310 Annapolis, MD 21401
SUBJECT:
CONSTELLATION GENERATION GROUP, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR R.E. GINNA NUCLEAR POWER PLANT, CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2, AND CALVERT CLIFFS INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NOS. MC9620, MC9621, MC9622, MC9623 AND MC9624)
Dear Mr. Heffley:
By letter dated January 23, 2006, as supplemented on April 25, 2006, Constellation Generation Group, LLC (CGG), on behalf of R.E. Ginna Nuclear Power Plant, LLC, Calvert Cliffs Nuclear Power Plant, Inc., and Nine Mile Point Nuclear Station, LLC, filed an application for the R.E.
Ginna Nuclear Power Plant, Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, Nine Mile Point Nuclear Station, Unit Nos. 1 and 2, and Calvert Cliffs Independent Spent Fuel Storage Installation. The application, pursuant to Sections 50.80 and 72.50 of Title 10 of the Code of Federal Regulations, sought approval of the proposed indirect transfer of the licenses to the extent effected by the proposed merger of Constellation Energy Group, Inc., and FPL Group, Inc. In the January 23 and April 25, 2006, letters, you submitted affidavits dated January 23 and April 25, 2006, executed by you, that requested that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of 10 CFR Part 2:
- 1. A, Balance Sheets and Projected Income Statements of Licensees (Proprietary Version), to the January 23, 2006, letter.
- 2. A, Amended Projected Income Statements and Cash Flows for R.E.
Ginna: No Assumed Uprate, to the April 25, 2006, letter.
Nonproprietary copies of these documents have 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 affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
ii.
This information is of a type that is customarily held in confidence by the CGG Companies, and there is a rational basis for doing so because the
J. M. Heffley information contains sensitive financial information concerning projected revenues and operating expenses of the CGG Companies.
- v.
Public disclosure of this information would create substantial harm to the competitive position of the CGG Companies by disclosing their internal financial projections.
We have reviewed your application 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 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 301-415-1457.
Sincerely,
/RA/
Patrick D. Milano, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-244, 50-317, 50-318, 50-220, 50-410, and 72-8 cc: See next page
J. M. Heffley information contains sensitive financial information concerning projected revenues and operating expenses of the CGG Companies.
- v.
Public disclosure of this information would create substantial harm to the competitive position of the CGG Companies by disclosing their internal financial projections.
We have reviewed your application 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 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 301-415-1457.
Sincerely,
/RA/
Patrick D. Milano, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-244, 50-317, 50-318, 50-220, 50-410, and 72-8 cc: See next page ACCESSION NO: ML061520144 OFFICE LPLI-1/PM LPLI-1/LA SPFB/BC LPLI-1/BC NAME PMilano SLittle BWetzel RLaufer DATE 06/01/06 06/01/06 06/06/06 06/06/06 OFFICIAL RECORD COPY
DATE: June 6, 2006
SUBJECT:
CONSTELLATION GENERATION GROUP, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR R.E. GINNA NUCLEAR POWER PLANT, CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2, NINE MILE POINT NUCLEAR STATION, UNIT NOS. 1 AND 2, AND CALVERT CLIFFS INDEPENDENT SPENT FUEL STORAGE INSTALLATION (TAC NOS. MC9620, MC9621, MC9622, MC9623 AND MC9624)
DISTRIBUTION:
PUBLIC LPLI-1 Reading File C. Haney RidsNrrDorl R. Laufer RidsNrrDorlLplI-1 P. Milano RidsNrrPMPMilano S. Little RidsNrrLASLittle B. Wetzel RidsNrrDprPfpb M. Dusaniwskyj C. Anderson RidsRgn1MailCenter Susan Uttal, OGC RidsOgcRp ACRS RidsAcrsAcnwMailCenter B. Singal RidsNrrDorlDpr
Constellation Energy Generation Group Calvert Cliffs Nuclear Power Plant, Unit Nos. 1 and 2 R.E. Ginna Nuclear Power Plant Nine Mile Point Nuclear Station, Unit Nos. 1 and 2 cc:
Mr. Michael J. Wallace President R.E. Ginna Nuclear Power Plant, LLC c/o Constellation Energy 750 East Pratt Street Baltimore, MD 21202 Mr. John M. Heffley Senior Vice President and Chief Nuclear Officer Constellation Generation Group 1997 Annapolis Exchange Parkway Suite 500 Annapolis, MD 21401 Mr. James A. Spina, Vice President Calvert Cliffs Nuclear Power Plant, Inc.
Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702 Mrs. Mary G. Korsnick Vice President R.E. Ginna Nuclear Power Plant R.E. Ginna Nuclear Power Plant, LLC 1503 Lake Road Ontario, NY 14519 Mr. Timothy J. OConnor Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093 Mr. Carey Fleming, Esquire Sr. Counsel - Nuclear Generation Constellation Generation Group, LLC 750 East Pratt Street, 17th floor Baltimore, MD 21202 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mark Gile, Sr. Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 287 St. Leonard, MD 20685 Kenneth Kolaczyk, Sr. Resident Inspector R.E. Ginna Nuclear Power Plant U.S. Nuclear Regulatory Commission 1503 Lake Road Ontario, NY 14519 Gordon Hunegs, Sr. Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 126 Lycoming, NY 13093 Mr. R. I. McLean, Manager Nuclear Programs Power Plant Research Program Maryland Department of Natural Resources 580 Taylor Avenue (B wing, 3rd floor)
Tawes State Office Building Annapolis, MD 21401 Mr. Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mr. Paul Eddy New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223 Mr. Louis Larragoite Director, Regulatory Matters Calvert Cliffs Nuclear Power Plant 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702
Constellation Energy Generation Group cc:
President Calvert County Board of Commissioners 175 Main Street Prince Frederick, MD 20678 Ms. Kristen A. Burger, Esquire Maryland People's Counsel 6 St. Paul Centre Suite 2102 Baltimore, MD 21202-1631 Ms. Patricia T. Birnie, Esquire Co-Director Maryland Safe Energy Coalition P.O. Box 33111 Baltimore, MD 21218 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Ms. Thelma Wideman, Director Wayne County Emergency Management Office Wayne County Emergency Operations Center 7336 Route 31 Lyons, NY 14489 Ms. Mary Louise Meisenzahl Administrator, Monroe County Office of Emergency Preparedness 1190 Scottsville Road, Suite 200 Rochester, NY 14624 Supervisor Town of Scriba Route 8, Box 382 Oswego, NY 13126 Mr. James R. Evans LIPA P.O. Box 129 Lycoming, NY 10393 Mr. Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 C. Adrienne Rhodes Chairman and Executive Director State Consumer Protection Board 5 Empire State Plaza, Suite 2101 Albany, NY 12223-1556 Mr. Mark J. Wetterhahn, Esquire Winston & Strawn 1700 K Street, NW Washington, DC 20006 Mr. Roy Hickok NRC Technical Training Center 5700 Brainerd Road Chattanooga, TN 37411-4017