ML090710330

Corp., Request for Withholding Information from Public Disclosure

ML090710330
Person / Time
Site:	Dresden, Peach Bottom, Oyster Creek, Byron, Braidwood, Limerick, Clinton, South Texas, Quad Cities, LaSalle, Crane
Issue date:	04/30/2009
From:	Thadani M Plant Licensing Branch IV
To:	Crane C Exelon Corp
Thadani, M C, NRR/DORL/LP4, 415-1476
References
TAC ME0650, TAC ME0651
Download: ML090710330 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 30, 2009 Mr. Christopher M. Crane President and Chief Operating Officer Exelon Corporation 10 S. Dearborn Chicago, IL 60603

SUBJECT:

BRAIDWOOD STATION, UNITS 1 AND 2, BYRON STATION, UNITS 1 AND 2, CLINTON POWER STATION, DRESDEN NUCLEAR POWER STATION, UNITS 1,2, AND 3, LASALLE COUNTY STATION, UNITS 1 AND 2, LIMERICK GENERATING STATION, UNITS 1 AND 2, OYSTER CREEK GENERATING STATION, PEACH BOnOM ATOMIC POWER STATION, UNITS 1, 2, AND 3, QUAD CITIES NUCLEAR POWER STATION, UNITS 1 AND 2, SALEM GENERATING STATION, UNITS 1 AND 2, THREE MILE ISLAND NUCLEAR STATION, UNIT 1, ZION NUCLEAR POWER STATION, UNITS 1 AND 2, AND SOUTH TEXAS PROJECT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME0650 AND ME0651)

Dear Mr. Crane:

By application dated January 29, 2009, as supplemented by letter dated March *18, 2009, Exelon Corporation (Exelon), acting on behalf of itself, Exelon Xchange Corporation (Xchange Corp.), Exelon Ventures Company, LLC (Exelon Ventures), and Exelon Generation Company, LLC (Exelon Generation) (together Applicants), submitted two affidavits dated January 29, 2009, and March 17, 2009, respectively; executed by Mr. Christopher Crane, President and Chief Operating Officer, Exelon Corporation, and Mr. Jon D. Veurink, Vice President and Controller, Exelon Generation Company, LLC, respectively; requesting 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 in Enclosure to letter dated January 29, 2009 - Projected Income Statements - NRG South Texas, LP (Proprietary Version)

• A in Enclosure to letter dated January 29,2009 - Balance Sheet and Projected Income Statements - Exelon Generation Company, LLC (Proprietary Version)

• A in Enclosure to letter dated January 29,2009 Consolidated Balance Sheet and Projected Income Statements - Exelon Corporation and NRG Energy, Inc. (Proprietary Version)

• to letter dated March 18, 2009 - Additional Information Application for Order Approving Indirect Transfer of Control of Licenses (Proprietary Version)

C. Crane

- 2 Nonproprietary copies of these documents have been placed in the U.S. Nuclear Regulatory Commission (NRC) 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 Exelon.

ii.

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

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 Exelon by disclosing its internal financial projections.

We have reviewed your application, supplemental letter, and the material in the documents to be withheld from public disclosure, 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 attachments and enclosure identified in the first paragraph of this letter and 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.

C. Crane

- 3 If you have any questions regarding this matter, I may be reached at 301-415-1476.

Sincerely, Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456, STN 50-457, STN 50-454, STN 50-455, 50-461,50-010, 50-237,50-249,50-373, 50-374, 50-352, 50-353,50-219,50-171,50-277,50-278, 50-254, 50-265, 50-289, 50-498, and 50-499 cc: Distribution via Listserv

C. Crane

- 3 If you have any questions regarding this matter, I may be reached at 301-415-1476.

Sincerely,

/RAJ Mohan C. Thadani, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. STN 50-456, STN 50-457, STN 50-454, STN 50-455, 50-461,50-010, 50-237, 50-249, 50-373, 50-374, 50-352, 50-353, 50-219, 50-171, 50-277, 50-278, 50-254, 50-265, 50-289, 50-498, and 50-499 cc: Distribution via Listserv DISTRIBUTION:

PUBLIC LPL3-2 Reading LPL4 Reading RidsAcrsAcnw_MailCTR Resource RidsNrrDorlDpr Resource RidsNrrDorlLpl3-2 Resource RidsNrrDorlLpl4 Resource RidsNrrDprPfpb Resource RidsNrrPMBraidwood Resource RidsNrrPMByron Resource RidsNrrPMClinton Resource RidsNrrPMDresden Resource RidsNrrPMLimerick Resource RidsNrrPMLaSalle Resource ADAMS Accession No.: ML090710330 RidsNrrPMPeachBottom Resource RidsNrrPMQuadCities Resource RidsNrrPMPBamford Resource RidsNrrPMREnnis Resource RidsNrrPMOysterCreek Resource JHickman.FSME RidsNrrPMSouthTexas Resource RidsNrrLAJBurkhardt Resource RidsOgcMailCenter Resource RidsRgn3MailCenter Resource RidsRgn4MailCenter Resource SHom, NRRIDPR MDusaniwskyj, NRRIDPR/PFPB SHarwell, NRR/DPR/PFPB

• See Previous Concurrence OFFICE NRR/LPL4/PM NRR/LPL3-2/PM NRR/LPL4/LA NRR/LPL4/BC NRR/LPL4/PM NAME MThadani CGrallon*

JBurkhardt MMarkley FLyon for MThadani DATE 4/29/09 4/30/09 4/29/09 4/30/09 4/30/09 OFFICIAL RECORD COpy