ML16152A059

FENOC-Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station Unit No. 1, Perry Nuclear Power Plant, Unit No. 1 - Request for Withholding Information from Public Disclosure (CAC Nos. MF7487, MF7488, MF7489 and MF74

ML16152A059
Person / Time
Site:	Beaver Valley, Davis Besse, Perry
Issue date:	06/17/2016
From:	Bhalchandra Vaidya Plant Licensing Branch III
To:	Belcher S FirstEnergy Nuclear Operating Co
Vaidya B
References
CAC MF7487, CAC MF7488, CAC MF7489, CAC MF7490
Download: ML16152A059 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 17, 2016 Mr. Samuel L. Belcher Senior Vice President and Chief Nuclear Officer FirstEnergy Nuclear Operating Company 341 White Pine Drive Akron, OH 44320

SUBJECT:

FENOC- BEAVER VALLEY POWER STATION, UNIT NOS. 1AND2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NOS. MF7487, MF7488, MF7489, AND MF7490)

Dear Mr. Belcher:

By letter dated March 2, 2016 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML16062A337), as supplemented by letter dated April 22, 2016 (ADAMS Package Accession No. ML16144A467), FirstEnergy Nuclear Operating Company (FENOC, the Licensee) submitted an affidavit dated April 22, 2016, executed by Gregory H. Halnon, Vice president, Regulatory Affairs and Laboratory Services, FirstEnergy Corp. (FE), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 1O of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390:

Enclosure C, FirstEnergy Corp. 2016 Internal Cash Flow Projection for Davis-Besse Unit No. 1, Perry Unit No. 1, And Beaver Valley Unit Nos. 1 and 2 Nuclear Power Plants, Letter dated April 22, 2016, from Gregory H. Halnon, Vice president, Regulatory Affairs and Laboratory Services, FirstEnergy Corp. (FE).

(ADAMS Accession No. ML16144A470).

The following reasons were given in your affidavit for requesting our withholding of this information:

2. FENOC is providing information in support of its "Retrospective Premium Guarantee" submittal. The proprietary version of Enclosure C being provided in the submittal contains a 2016 cash flow projection for FirstEnergy Corp. Unlike previous "Retrospective Premium Guarantee" submittals, the financial information contained in Enclosure C is proprietary since FirstEnergy Corp. has not released its earnings forecast for 2016.

S. L. Belcher 4. This document constitutes proprietary financial information that should be held in confidence by the Nuclear Regulatory Commission (NRG) pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 10 CFR 9.17(a)(4), because:

a. This information is and has been held in confidence by FENOC and its affiliates.

b. This information is of a type that is held in confidence by FENOC and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial information concerning FirstEnergy Corp.'s anticipated cash flow.

e. Public disclosure of this material non-public internal financial information would create substantial harm to FirstEnergy Corp. and its shareholders as this disclosure would not be accompanied by the typical disclaimers provided with projected financial information along with the necessary analysis and commentary to contextualize such projected financial information thus risking market abuse with respect to FirstEnergy Corp.'s common stock.

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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, Enclosure C 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 Nuclear Regulatory Commission (NRG). You also should understand that the NRG may have cause to review this determination in the future, tor example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRG makes a determination adverse to the above, you will be notified in advance of any public disclosure.

S. L. Belcher The nonproprietary versions of the licensee submittal (Enclosure A of the licensee's submittal, part of ADAMS Accession No. ML16144A468) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely, Bhalchandra Vaidya, Project Manager Plant Licensing 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, 50-346, 50-440 Distribution via Listserv

ML16144A468) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely, IRA/

Bhalchandra Vaidya, Project Manager Plant Licensing 111-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, 50-346, 50-440 Distribution via Listserv DISTRIBUTION:

PUBLIC LPL3-1 R/F LPL3-2 R/F LPL 1-2 R/F RidsNrrDorlLpl3-1 Resource RidsOgcMailCenter Resource RidsNrrDorlLpl3-2 Resource RidsNrrDorlLpl1-2 Resource RidsRgn1 MailCenter RidsRgn3MailCenter RidsNrrPMDavisBesse Resource RidsNrrLASRohrer Resource RidsNrrPMPerry Resource RidsNrrLAMHenderson Resource RidsNrrPMBeavervalley Resource RidsNrrLALRonewicz Resource RidsNrrPMBVaidya Resource RidsAcrsAcnwMailCenter Resource ADAMS Accession No. ML16152A059 OFFICE LPL3-2/PM LPL3-2/LA DIAS/I FIB/BC OGC LPL3-2/BC(A) LPL3-2/PM NAME BVaidya SRohrer ABowers EMichel EMiller BVaidya DATE 5/31/16 5/31/16 6/7/16 6/15/16 6/17/16 6/17/16