ML071630002
| ML071630002 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/19/2007 |
| From: | Thadani M NRC/NRR/ADRO/DORL/LPLIV |
| To: | Macdougall M, Madden F Kohlberg, Kravis, Roberts & Co, LP, Texas Energy Future Capital Holdings, TXU Generation Co, LP |
| Thadani, M C, NRR/DORL/LP4, 415-1476 | |
| References | |
| TAC MD5289, TAC MD5290 | |
| Download: ML071630002 (4) | |
Text
June 19, 2007 Mr. Fred W. Madden Director, Oversight & Regulatory Affairs TXU Generation Company LP P. O. Box 1002 E08 Glen Rose, TX 76043 Mr. Michael MacDougall President, Texas Energy Future Capital Holdings LLC c/o Kohlberg Kravis Roberts & Company LP 9 West 57th Street, Suite 4200 New York, NY 10019
SUBJECT:
TXU GENERATION COMPANY LP AND TEXAS ENERGY FUTURE HOLDINGS LIMITED PARTNERSHIP - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 (TAC NOS. MD5289 AND MD5290)
Dear Messrs. Madden and MacDougall:
By letter dated April 18, 2007, TXU Generation Company LP, acting on behalf of Texas Energy Future Holdings Limited Partnership (parent) and itself (applicant), submitted two affidavits; an affidavit dated April 17, 2007, and executed by Fred W. Madden, and an affidavit dated April 18, 2007, executed by Michael MacDougall. The affidavits requested 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:
Attachments 1A, 2A, 3A, and 4A to the April 18, 2007, Application for Order Approving Indirect Transfer of Control of Licenses and License Amendments to Reflect Proposed Licensee Name Change.
Nonproprietary copies of Attachments 1A, 2A, 3A, and 4A, designated as Attachments 1A, 2A, 3A, and 4A, 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 affidavits stated that the submitted information should be considered exempt from mandatory public disclosure pursuant to 10 CFR 2.390(a)(4) and 10 CFR 9.17(a)(4), for the following reasons:
i.
This information is and has been held in confidence by the applicant and the parent company.
ii.
This information is of a type that is customarily held in confidence by the applicant and the parent company, and there is a rational basis for doing so
F. Madden and M. MacDougall because the information contains sensitive financial information concerning projected revenues and operating expenses of the applicant and the parent company.
iii.
This information is being transmitted to the NRC voluntarily and in confidence.
iv.
This information is not available in public sources and could not be gathered readily from other publicly available information.
v.
Public disclosure of this information would create substantial harm to the competitive position of the applicant by disclosing its internal financial projections.
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 301-415-1476.
Sincerely,
/RA/
Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactors Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page
ML071630002 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/PFP/BC NRR/LPL4/BC NAME MThadani JBurkhardt RCarlson THiltz DATE 6/13/07 6/13/07 6/14/07 6/19/07
December 2004 Comanche Peak Steam Electric Station cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 2159 Glen Rose, TX 76403-2159 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Mr. Fred W. Madden, Director Regulatory Affairs TXU Generation Company LP P.O. Box 1002 Glen Rose, TX 76043 George L. Edgar, Esq.
Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC 20004 County Judge P.O. Box 851 Glen Rose, TX 76043 Environmental and Natural Resources Policy Director Office of the Governor P.O. Box 12428 Austin, TX 78711-3189 Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756-3189 Mr. Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Program P.O. Box 12157 Austin, TX 78711