ML070330528

Letter, FPL Energy Point Beach

ML070330528
Person / Time
Site:	Point Beach
Issue date:	02/15/2007
From:	Milano P NRC/NRR/ADRO/DORL/LPLIII-1
To:	Rajiv Kundalkar Florida Power & Light Energy Point Beach
P. Milano X1457
References
TAC MD4112, TAC MD4113
Download: ML070330528 (4)

Text

February 15, 2007 Mr. Rajiv S. Kundalkar Vice President FPL Energy Point Beach, LLC P.O. Box 14000 Juno Beach, FL 33408-0420

SUBJECT:

FPL ENERGY POINT BEACH, LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 (TAC NOS. MD4112 AND MD4113)

Dear Mr. Kundalkar:

On January 26, 2007, Nuclear Management Company, LLC (NMC), and Wisconsin Electric Power Company (WEPCO), filed an application, pursuant to Sections 50.80 and 72.50(a) of Title 10 of the Code of Federal Regulations (10 CFR), seeking approval of the proposed direct transfer of Renewed Facility Operating License Nos. DPR-24 and DPR-27 for Point Beach Nuclear Plant, Unit Nos. 1 and 2, to FPL Energy Point Beach, LLC (FPLE Point Beach).

By letter dated January 26, 2007, FPLE Point Beach submitted an affidavit dated January 25, 2007, executed by you, requesting that the information contained in the following documents be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390:

Enclosures 5P and 6P (Projected Income Statements, FPLE Point Beach) to FPLE Point Beach letter, dated January 26, 2007.

Nonproprietary copies of the documents were included with the January 26 application from NMC and WEPCO and 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:

(a) The information is and has been held in confidence by FPLE.

(b) This information is of a type that is held in confidence by FPLE, 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.

(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.

R. Kundalkar (e) Public disclosure of this information would create substantial harm to the competitive position of FPLE by disclosing its internal financial projections to other persons whose commercial interests may be adverse to FPLE.

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 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 III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301 cc: See next page

ML070330528 OFFICE NRR/LPL3-1 NRR/LPL3-1/LA NRR/PFPB/BC NRR/LPL3-1/BC(A)

NAME PMilano:ca THarris RCarlson MMarshall for PMilano DATE 02/07/07 02/09/07 02/07/07 02/15/07 Point Beach Nuclear Plant, Units 1 and 2 cc:

Jonathan Rogoff, Esquire Resident Inspector's Office Vice President, Counsel & Secretary U.S. Nuclear Regulatory Commission Nuclear Management Company, LLC 6612 Nuclear Road 700 First Street Two Rivers, WI 54241 Hudson, WI 54016 Mr. Jeffery Kitsembel Mr. F. D. Kuester Electric Division President & Chief Executive Officer Public Service Commission of Wisconsin WE Generation P.O. Box 7854 231 West Michigan Street Madison, WI 53707-7854 Milwaukee, WI 53201 Nuclear Asset Manager Mr. Dennis L. Koehl Wisconsin Electric Power Company Site Vice President 231 West Michigan Street Point Beach Nuclear Plant Milwaukee, WI 53201 Nuclear Management Company, LLC 6610 Nuclear Road Michael B. Sellman Two Rivers, WI 54241-9516 President and Chief Executive Officer Nuclear Management Company, LLC Regulatory Affairs Manager 700 First Street Point Beach Nuclear Plant Hudson, MI 54016 Nuclear Management Company, LLC 6610 Nuclear Road Douglas E. Cooper Two Rivers, WI 54241 Senior Vice President & Chief Nuclear Officer Mr. Ken Duveneck Nuclear Management Company, LLC Town Chairman 700 First Street Town of Two Creeks Hudson, WI 54016 13017 State Highway 42 Mishicot, WI 54228 Site Director of Operations Nuclear Management Company, LLC Chairman 6610 Nuclear Road Public Service Commission Two Rivers, WI 54241 of Wisconsin P.O. Box 7854 Mitchell S. Ross Madison, WI 53707-7854 Associate General Counsel FPL Energy Point Beach, LLC Regional Administrator, Region III 700 Universe Blvd.

U.S. Nuclear Regulatory Commission Juno Beach, Florida 33408 Suite 210 2443 Warrenville Road Arthur H. Domby Lisle, IL 60532-4351 Troutman Sanders LLP 600 Peachtree Street Atlanta, Georgia 30308