ML16250A461

Request for Withholding Information from Public Disclosure for James A. FitzPatrick Nuclear Power Plant

ML16250A461
Person / Time
Site:	FitzPatrick
Issue date:	09/19/2016
From:	Render D Plant Licensing Branch 1
To:	Wright B Exelon Generation Co
Render D, DORL/LPL1-1
References
CAC MF8293
Download: ML16250A461 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 19, 2016 Bryan P. Wright Chief Financial Officer Exelon Generation Company, LLC 100 Constellation Way Suite 600 C Baltimore, MD 21202

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR JAMES A. FITZPATRICK NUCLEAR POWER PLANT (CAC NO. MF8293)

Dear Mr. Wright:

By application dated August 18, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16235A081), you submitted an affidavit dated August 12, 2016, executed by Bryan P. Wright, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 1O of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Application for Order Approving Transfer of Renewed Facility Operating License and Proposed Conforming License Amendment The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The Licensee is providing information in support of the application for an Order approving a license transfer. The documents being provided in Enclosures 7A and 9A contain proprietary financial information and financial projections related to the ownership and operation of the Licensee's generation assets. These documents constitute proprietary commercial and financial information that should be held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 9.17(a)(4), because:

(a)(4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential.

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, the Enclosures 7A and 9A 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.

B. Wright 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 (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 301-415-3629.

Diane Render, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No.: 50-333 cc: Distribution via Listserv

B. Wright 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 (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 301-415-3629.

Sincerely, IRA/

Diane Render, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No.: 50-333 cc: Distribution via Listserv DISTRIBUTION:

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