ML072140881

Request for Withholding Information from Public Disclosure - Attachment 2A to 5/3/07 Application and Attachment 2A to 7/20/07 Supplement - Order Approving Indirect Transfer of Control of Licenses (TAC MD5656 & MD5657)

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:

Attachment 2A, Projected Income Statement of NRG South Texas LP (Proprietary), to the May 3, 2007, Application for Order Approving Indirect Transfer of Control of Licenses.

Attachment 2A (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 South Texas Project, Units 1 & 2 cc:

Senior Resident Inspector E. D. Halpin U.S. Nuclear Regulatory Commission Site Vice President P.O. Box 289 STP Nuclear Operating Company Wadsworth, TX 77483 South Texas Project Electric Generating Station C. M. Canady P.O. Box 289 City of Austin Wadsworth, TX 77483 Electric Utility Department 721 Barton Springs Road S. M. Head, Manager, Licensing Austin, TX 78704 STP Nuclear Operating Company P.O. Box 289, Mail Code: N5014 J. J. Nesrsta/R. K. Temple Wadsworth, TX 77483 E. Alercon/Kevin Pollo City Public Service Board C. T. Bowman P.O. Box 1771 General Manager, Oversight San Antonio, TX 78296 STP Nuclear Operating Company P.O Box 389 INPO Wadsworth, TX 77483 Records Center 700 Galleria Parkway Marilyn Kistler Atlanta, GA 30339-3064 Sr. Staff Specialist, Licensing STP Nuclear Operating Company Regional Administrator, Region IV P.O. Box 289, Mail Code 5014 U.S. Nuclear Regulatory Commission Wadsworth, TX 77483 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Environmental and Natural Resources Policy Director Steve Winn/Christie Jacobs P.O. Box 12428 Eddy Daniels/Marty Ryan Austin, TX 78711-3189 NRC Energy, Inc.

211 Carnegie Center Jon C. Wood Princeton, NJ 08540 Cox, Smith, & Matthews 112 East Pecan, Suite 1800 Judge, Matagorda County San Antonio, TX 78205 Matagorda County Courthouse 1700 Seventh Street Director Bay City, TX 77414 Division of Compliance & Inspection Bureau of Radiation Control A. H. Gutterman, Esq. Texas Department of State Health Services Morgan, Lewis & Bockius 1100 West 49th Street 1111 Pennsylvania Avenue, NW Austin, TX 78756 Washington, DC 20004 March 2007

South Texas Project, Units 1 & 2 cc:

Mr. Ted Enos Ken Coates 4200 South Hulen Plant General Manager Suite 422 STP Nuclear Operating Company Ft. Worth, TX 76109 South Texas Project Electric Generating Station Brian Almon P.O. Box 289 Public Utility Commission Wadsworth, TX 77483 William B. Travis Building P.O. Box 13326 Mr. Terry Parks, Chief Inspector 1701 North Congress Avenue Texas Department of Licensing Austin, TX 78701-3326 and Regulation Boiler Division Susan M. Jablonski P.O. Box 12157 Office of Permitting, Remediation Austin, TX 78711 and Registration Texas Commission on Mr. James J. Sheppard Environmental Quality President and Chief Executive Officer MC-122 STP Nuclear Operating Company P.O. Box 13087 South Texas Project Electric Austin, TX 78711-3087 Generating Station P.O. Box 289 Wadsworth, TX 77483 March 2007