ML16085A148

Request for Withholding Information from Public Disclosure - 3/14/16 Affidavit Executed by T. Mccool, Luminant Generation Company LLC Balance Sheets (Proprietary)

ML16085A148
Person / Time
Site:	Comanche Peak
Issue date:	04/06/2016
From:	Watford M Plant Licensing Branch IV
To:	Peters K Luminant Generation Co
Watford M
References
CAC MF7075, CAC MF7076
Download: ML16085A148 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 lp:"il 6, 2016 Mr. Ken J. Peters Senior Vice President and Chief Nuclear Officer (Acting)

Attention: Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043

SUBJECT:

COMANCHE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF7075 AND MF7076)

Dear Mr. Peters:

By letter dated March 14, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16076A162), Luminant Generation Company LLC (Luminant Power) submitted an affidavit executed by Mr. Thomas P. McCool, Site Vice President (Acting),

Luminant Generation Company LLC, dated March 14, 2016, requesting that 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:

Balance Sheets (Labeled as Enclosure 4 (Proprietary))

A nonproprietary version of the document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to ADAMS in the NRC Library at Accession No. ML16076A163.

The affidavit stated that the information sought to be withheld is considered to be proprietary for the reasons below:

a. This information is and has been held in confidence by Luminant Power and its affiliates;

b. This information is of a type that is held in confidence by Luminant Power and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning Luminant Power affiliates' anticipated revenues and operating expenses.

c. This information is being transmitted to the NRC in confidence.

d. This information is not available in public sources and could not be gathered readily from other publically available information.

K. Peters e. Public disclosure of this information would create substantial harm to the competitive position of Luminant Power by disclosing its internal financial pro form[a] statements and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of Luminant Power.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, 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 -1233 or via e-mail at Margaret.Watford@nrc.gov.

Sincerely, Margaret M. Watfor , Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: Distribution via Listserv

ML16085A148 OFFICE NRR/DORULPL4-1/PM NRR/DORULPL4-1 /LA NRR/DIRS/IFIB/BC NRR/DORULPL4-1/BC NRR/DORL/LPL4-1/PM NAME MWatford JBurkhardt A Bowers RPascarelli MWatford DATE 3/28/2016 3/28/2016 3/31/2016 4/06/2016 4/06/2016