ML082280795

Amergen Energy Company, LLC - Request for Withholding Information from Public Disclosure for Clinton Power Station, Unit No. 1, Oyster Creek Nuclear Generating Station, and Three Mile Island Nuclear Station, Unit 1

ML082280795
Person / Time
Site:	Oyster Creek, Three Mile Island, Clinton
Issue date:	08/22/2008
From:	Gratton C Plant Licensing Branch III
To:	Pardee C AmerGen Energy Co, Exelon Generation Co
Gratton C, NRR/DORL 415-1055
References
TAC MD9012, TAC MD9013, TAC MD9014
Download: ML082280795 (7)

Text

August 22, 2008 Mr. Charles G. Pardee Chief Nuclear Officer and Senior Vice President Exelon Generation Company, LLC Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555

SUBJECT:

EXELON GENERATION COMPANY, LLC, AND AMERGEN ENERGY COMPANY, LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR CLINTON POWER STATION, UNIT NO. 1, OYSTER CREEK NUCLEAR GENERATING STATION, AND THREE MILE ISLAND NUCLEAR STATION, UNIT 1 (TAC NOS. MD9012, MD9013, AND MD9014)

Dear Mr. Pardee:

By letter dated June 20, 2008, Exelon Generation Corporation, LLC and AmerGen Energy Company, LLC (together, Applicants), submitted an affidavit dated June 19, 2008, executed by Carol R. Peterson, you 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:

Application for Approval of License Transfer, Attachment 5A (dated June 20, 2008)

A nonproprietary copy of this document has 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:

i. This information is and has been held in confidence by Applicants.

ii. This information is of a type that is customarily held in confidence by Applicants and there is a rational basis for doing so because the information contains sensitive financial information concerning projected revenues and operating expenses of Applicants.

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 Applicants by disclosing its internal financial projections.

C. Pardee 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 301-415-1055.

Sincerely,

/RA/

Christopher Gratton, Senior Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-461, 50-219, and 50-289 cc: See next page

ML082280795 OFFICE LPL3-2 PM LPL3-2/LA LPL1-2 BC LPL3-2 BC NAME CGratton THarris HChernoff(REnnis RGibbs for)

DATE 8/21/08 8/20/08 8/21/08 8/22/08 Clinton Power Station, Unit No. 1 cc:

Corporate Distribution Exelon Generation Company, LLC Via e-mail Clinton Distribution Exelon Generation Company, LLC Via e-mail Clinton Resident Inspector U.S. Nuclear Regulatory Commission Via e-mail Illinois Emergency Management Agency Division of Disaster Assistance &

Preparedness Via e-mail J. W. Blattner, Project Manager Sargent & Lundy Engineers Via e-mail Chairman of DeWitt County c/o County Clerks Office Via e-mail

Oyster Creek Nuclear Power Station cc:

Senior Resident Inspector Site Vice President - Oyster Creek U.S. Nuclear Regulatory Commission Nuclear Generating Station P.O. Box 445 AmerGen Energy Company, LLC Forked River, NJ 08731 P.O. Box 388 Forked River, NJ 08731 Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC Senior Vice President-Operations Support Correspondence Control AmerGen Energy Company, LLC P.O. Box 160 4300 Winfield Road Kennett Square, PA 19348 Warrenville, IL 60555 Manager Licensing - Oyster Creek Kathryn M. Sutton, Esquire Exelon Generation Company, LLC Morgan, Lewis, & Bockius LLP Correspondence Control 1111 Pennsylvania Avenue, NW P.O. Box 160 Washington, DC 20004 Kennett Square, PA 19348 Patrick Mulligan, Chief Ron Bellamy, Region I Bureau of Nuclear Engineering U.S. Nuclear Regulatory Commission New Jersey Department of Environmental 475 Allendale Road Protection King of Prussia, PA 19406-1415 25 Arctic Parkway Ewing, NJ 08638 Correspondence Control Desk AmerGen Energy Company, LLC Vice President - Licensing and 200 Exelon Way, KSA 1-NB1 Regulatory Affairs Kennett Square, PA 19348 AmerGen Energy Company, LLC 4300 Winfield Road Plant Manager Warrenville, IL 60555 Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC Regional Administrator, Region I P.O. Box 388 U.S. Nuclear Regulatory Commission Forked River, NJ 08731 475 Allendale Road King of Prussia, PA 19406-1415 Associate General Counsel Exelon Generation Company, LLC Mayor of Lacey Township 4300 Winfield Road 818 West Lacey Road Warrenville, IL 60555 Forked River, NJ 08731 Chief Operating Officer (COO)

Manager Regulatory Assurance AmerGen Energy Company, LLC Oyster Creek Generating Station 4300 Winfield Road AmerGen Energy Company, LLC Warrenville, IL 60555 P.O. Box 388 Forked River, NJ 08731

Oyster Creek Nuclear Power Station Senior Resident Inspector (TMI-1)

U.S. Nuclear Regulatory Commission cc: P.O. Box 219 Middletown, PA 17057 Senior Vice President - Mid-Atlantic Operations Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Correspondence Control Kennett Square, PA 19348 P.O. Box 160 Kennett Square, PA 19348 Three Mile Island Nuclear Station, Unit 1 Director Bureau of Radiation Protection cc: Pennsylvania Department of Environmental Protection Site Vice President - Three Mile Island Rachel Carson State Office Building Nuclear Station, Unit 1 P.O. Box 8469 AmerGen Energy Company, LLC Harrisburg, PA 17105-8469 P. O. Box 480 Middletown, PA 17057 Plant Manager - Three Mile Island Nuclear Station, Unit 1 Senior Vice President - Operations, Mid- AmerGen Energy Company, LLC Atlantic P. O. Box 480 AmerGen Energy Company, LLC Middletown, PA 17057 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Regulatory Assurance Manager - Three Mile Island Nuclear Station, Unit 1 Vice President - Licensing and Regulatory AmerGen Energy Company, LLC Affairs P.O. Box 480 AmerGen Energy Company, LLC Middletown, PA 17057 4300 Winfield Road Warrenville, IL 60555 Ronald Bellamy, Region I U.S. Nuclear Regulatory Commission Regional Administrator 475 Allendale Road Region I King of Prussia, PA 19406 U.S. Nuclear Regulatory Commission 475 Allendale Road Ronnie Gardner, PMP King of Prussia, PA 19406 Manager, Site Operations and Corporate Regulatory Affairs Chairman AREVA NP Inc.

Board of County Commissioners 3315 Old Forest Road OF-16 of Dauphin County Lynchburg, VA 24501 Dauphin County Courthouse Harrisburg, PA 17120 Dr. Judith Johnsrud National Energy Committee Chairman Sierra Club Board of Supervisors 433 Orlando Avenue of Londonderry Township State College, PA 16803 R.D. #1, Geyers Church Road Middletown, PA 17057

Three Mile Island Nuclear Station, Unit 1 cc:

Eric Epstein TMI Alert 4100 Hillsdale Road Harrisburg, PA 17112 Correspondence Control Desk AmerGen Energy Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348