ML092470193

Licensee Guarantee of Payment of Deferred Premium

ML092470193
Person / Time
Site:	Palo Verde
Issue date:	07/20/2009
From:	Eden E PNM Resources, Public Service Co of New Mexico
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
102-06051-TNW/KAR
Download: ML092470193 (5)

Text

Public Service Company of New Mexico ML A personl commitment to New Mexico Alvarado SquareMS 2702 Albuquerque, NM 87158 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001

Dear Sir / Madam:

July 20, 2009

Subject:

Palo Verde Nuclear Generating Station (PVNGS)

Docket Nos. STN 50-528/ 529/530 Licensee Guarantee of Payment of Deferred Premium Pursuant to the requirements of 10CFR140.21 (e), Public Service Company of New Mexico, hereafter "the Company", for itself and on behalf of the PVNGS Participants, has enclosed projected cash flow statements for each participant.

Portions of the 2009 cash flow information are considered Company confidential as respects each PVNGS Participant, and as such, we request that it be withheld from public disclosure pursuant to 10CFR2.390(b)(1). The affidavit to support this request is provided as . Proprietary and non-proprietary versions of the cash flow information are provided by Attachment 2 and Attachment 3 respectively.

Should you have any questions, please contact Lisa Eden at 505-241-2691.

Nese, f 1jy, I a en, Assistant Treasurer, Liability Management, PNM Resources, Inc.

e-mail: Elisabeth.Eden(-pnmresources.com Attachments (3)

1. Affidavit to Request Withholding of Proprietary Information from Public Disclosure

2. 2008 Actual Cash Flow and 2009 Projected Cash Flow (Proprietary Version)

3. 2008 Actual Cash Flow and 2009 Projected Cash Flow (Non-Proprietary Version)

I

ATTACHMENT 1 UNITED STATES NUCLEAR REGULATORY COMMISSION PALO VERDE NUCLEAR GENERATING STATION DOCKET NO. 50-528/529/530 Request to Withhold Proprietary Information from Public Disclosure Public Service Company of New Mexico, hereafter "the Company" hereby requests that to the letter entitled "Guarantee of Payment of Deferred Premiums Annual 10CFR140.21(e) Report" dated July 20, 2009, be withheld from public disclosure due to its proprietary nature. The details of this request are provided in the following affidavit:

AFFIDAVIT I, Terry R. Horn, being duly sworn, depose and state as follows:

(1) I am Vice President and Treasurer of Public Service Company of New Mexico, and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld consists of portions of the 2009 Projected Cash Flow that is included in Attachment 2 to the Company's July 20, 2009, letter to the NRC entitled "Guarantee of Payment of Deferred Premiums Annual 10CFR140.21(e) Report". , a one-page document, has the words "Proprietary Version" on the top and bottom of the page.

(3) In making this application for withholding of proprietary information of which it is the owner, the Company relies upon the exemption from disclosure set forth in the NRC regulation 10 CFR 2.390(b)(1) for confidential financial information.

(4) Justification for the request for withholding from public disclosure is provided by addressing the five items identified in 10 CFR 2.390(b)(4).

To the best of my knowledge and belief:

a. This information is considered company confidential and has been held in confidence by the Company.

b. This information is of the type customarily held in confidence by the Company and the rationale basis is that it would provide an unfair advantage to competitors if it were disclosed.

c. This information is transmitted in confidence to the NRC and the purpose of this request is to maintain its confidentiality.

d. The 2009 projected cash flow information is not available from public sources.

e. Public disclosure of the information sought to be withheld is likely to cause harm to the Company's competitive position and reduce the availability of profit-making opportunities.

2

ATTACHMENT 1, CONT'D This letter contains no restricted or other defense information.

I certify under penalty of perjury that the foregoing is true and correct.

Public Service Company of New Mexico Terry R. Horn Date:

Title:

Vice President and Treasurer Executed/on Executed By 3

ATTACHMENT 3 NON-PROPRIETARY VERSION Public Service Company of New Mexico Joint Owner of Palo Verde Nuclear Generating Station Internal Cash Flow Projection Prior Year 2008 Projection Year Actual Total 2009 Total (In Thousands)

Net Income After Taxes (31,846)

Less Preferred Dividends Paid (528)

Adoption of SFAS 157 10,422 Earnings Retained (21,952)

Adjustments:

Depreciation & Amortization 101,458 Withheld from Deferred Income Taxes & ADITC (7,856) public disclosure Impairment of Goodwill 51,143 per Affidavit Regulatory Allowances 30,248 Regulatory Disallowances AFUDC 6,833 Other 7,780 Total Adjustments 189,606 INTERNAL CASH FLOW 167,654 Average Quarterly Cash Flow 41,914 Source: 2008 10K.

Per NRC regulation 10 CFR 140.21(e).

NON-PROPRIETARY VERSION 5

U.: S. Nuclear Regulatory Commission.

ATTW. Document Control Desk Washington, DC 20555-0001 received by the NRC.

This envelope should be sealed when is required to contact:

If there is any sign of tampering, NRC Lisa Eden PNM Resources, Inc.

Phone: 505-241-2691