ML072140881
| ML072140881 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 08/14/2007 |
| From: | Thadani M NRC/NRR/ADRO/DORL/LPLIV |
| To: | Hill T NRG Energy |
| Thadani, M C, NRR/DORL/LP4, 415-1476 | |
| References | |
| TAC MD5656, TAC MD5657 | |
| Download: ML072140881 (5) | |
Text
August 14, 2007 Mr. Thad Hill NRG Energy, Inc.
211 Carnegie Center Princeton, NJ 08540
SUBJECT:
NRG SOUTH TEXAS LP - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SOUTH TEXAS PROJECT, UNITS 1 AND 2 (TAC NOS. MD5656 AND MD5657)
Dear Mr. Hill:
By letter dated May 3, 2007, as supplemented by letter dated July 23, 2007, STP Nuclear Operating Company (STPNOC), acting on behalf of NRG South Texas LP and its corporate parent, NRG Energy Inc. (NRG Energy), submitted two affidavits dated April 26, 2007, and July 20, 2007, respectively, executed by Thad Hill, in which it requested 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: A, Projected Income Statement of NRG South Texas LP (Proprietary), to the May 3, 2007, Application for Order Approving Indirect Transfer of Control of Licenses. A (revised), Projected Income Statement of NRG South Texas LP (Proprietary), to the July 23, 2007, supplement to the Application for Order Approving Indirect Transfer of Control of Licenses.
A nonproprietary copy 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 affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
i.
This information is and has been held in confidence by NRG South Texas LP and its affiliates.
ii.
This information is of a type that is customarily held in confidence by NRG South Texas LP and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial information concerning projected revenues and operating expenses of NRG South Texas LP.
iii.
This information is being transmitted to the NRC voluntarily and in confidence.
T. Hill 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 NRG South Texas LP and its affiliates by disclosing its internal financial projections.
We have reviewed your application, supplemental letter, 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 Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: See next page
ML072140881 NRR-084 OFFICE NRR/LPL4/GE NRR/LPL4/PM NRR/LPL4/LA NRR/LPL4/BC NAME AHoffman:sp MThadani JBurkhardt THiltz DATE 8/10/07 8/13/07 8/10/07 8/14/07
March 2007 South Texas Project, Units 1 & 2 cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 289 Wadsworth, TX 77483 C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 J. J. Nesrsta/R. K. Temple E. Alercon/Kevin Pollo City Public Service Board P.O. Box 1771 San Antonio, TX 78296 INPO Records Center 700 Galleria Parkway Atlanta, GA 30339-3064 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Steve Winn/Christie Jacobs Eddy Daniels/Marty Ryan NRC Energy, Inc.
211 Carnegie Center Princeton, NJ 08540 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 A. H. Gutterman, Esq.
Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004 E. D. Halpin Site Vice President STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483 S. M. Head, Manager, Licensing STP Nuclear Operating Company P.O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 C. T. Bowman General Manager, Oversight STP Nuclear Operating Company P.O Box 389 Wadsworth, TX 77483 Marilyn Kistler Sr. Staff Specialist, Licensing STP Nuclear Operating Company P.O. Box 289, Mail Code 5014 Wadsworth, TX 77483 Environmental and Natural Resources Policy Director P.O. Box 12428 Austin, TX 78711-3189 Jon C. Wood Cox, Smith, & Matthews 112 East Pecan, Suite 1800 San Antonio, TX 78205 Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of State Health Services 1100 West 49th Street Austin, TX 78756
March 2007 South Texas Project, Units 1 & 2 cc:
Mr. Ted Enos 4200 South Hulen Suite 422 Ft. Worth, TX 76109 Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Ken Coates Plant General Manager STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P.O. Box 12157 Austin, TX 78711 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P.O. Box 289 Wadsworth, TX 77483