ML17313A772
| ML17313A772 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 02/01/1999 |
| From: | Fields M NRC (Affiliation Not Assigned) |
| To: | Hedrick G EL PASO ELECTRIC CO. |
| References | |
| NUDOCS 9902040218 | |
| Download: ML17313A772 (6) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON' C 205554001 February 1,
1999 Mr. Gary R. Hedrick Vice President, Treasurer and Chief Financial Officer El Paso Electric Company 123 W. Mills El Paso, Texas 79901
SUBJECT:
PALO VERDE NUCLEAR GENERATING STATION - REQUEST FOR WITHHOLDINGINFORMATIONFROM PUBLIC DISCLOSURE
Dear Mr. Hedrick:
By letter dated June 11, 1998, Arizona Public Service Company (APS) submitted for itself and on behalf of the Palo Verde Nuclear Generating Station (PVNGS) participants, a projected cash flow statement for each participant in accordance with 10 CFR 140.21(e).
El Paso Electric Company considered their cash flowstatement a confidential document and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790 of the Commission's regulations.
An affidavit, dated May 19, 1998, executed by you for the El Paso Electric Company, the owner of the information, was included in the letter.
El Paso Electric Company states that the submitted information, "Pro Forma Cashf low Statement of 1998," should be considered exempt from mandatory public disclosure for the following reasons:
"1. This information has not been released publicly.
2.
This information is customarily held in confidence by El Paso Electric Company.
3.
This information has not yet been transmitted to the NRC but will be transmitted in a confidential manner.
4.
This information can not be constructed from any other source.
5.
Disclosure of this information may cause substantial harm to the Company's competitive position and would give parties who have access to this information inside knowledge of
'projected operations that is not available to the general public."
We have reviewed the application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the statements, have determined that the submitted information sought to be withheld contains proprietary financial information and should be withheld from public disclosure.
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Mr. Gary R. Hedrick i
2 February 1,
1999 Therefore, we have determined that the information provided in the June 11, 1998, letter from Arizona Public Service Company, "Pro Forma Cashflow Statement of 1998," for the El Paso Electric Company marked as proprietary, willbe withheld from public disclosure pursuant to 10 CFR 2.790(a)(4) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, ifany, of persons properly and directly concerned to inspect the documents.
Ifthe 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 propr'ietary information.
Ifthe 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 should also understand that the NRC may'have cause to review this determination in the future, such as, ifthe scope of a Freedom of Information Act request includes your information.
In all review situations, ifthe NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original Signed By Mel B. Fields, Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION:
'ocket PUBLIC PDIV-2 Reading EAdensam (EGA1)
WBateman MFields EPeyton MPSiemien, OGC PHarrell, Region IV KBrockman, Region IV Document Name:
PVWTH.WPD OFC NAME DATE PDIV-2 EPeeo 1 ~99 PDIV4 M
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/99 OFFICIALRECORD COPY
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Mr. Gary R. Hedrick February 1,
1999 cc w/encl:
Mr. Steve Olea Arizona Corporation Commission 1200 W. Washington Street Phoenix, Arizona 85007 Douglas Kent Porter Senior Counsel Southern California Edison Company Law Department, Generation Resources P.O. Box 800
- Rosemead, California 91770 Senior Resident Inspector USNRC P. O. Box40 Buckeye, Arizona 85326 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission Harris Tower 8 Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Chairman, Board of Supervisors ATTN: Chairman 301 W. Jefferson, 10th Floor Phoenix, Arizona 85003 Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Ms. Angela K. Krainik, Manager Nuclear Licensing Arizona Public Service Company P.O. Box 52034
,Phoenix, Arizona 85072-2034 Mr. John C. Home, Vice President Power Supply Palo Verde Services 2025 N. Third Street, Suite 220 Phoenix, Arizona 85004 Mr. David Summers Public Service Company of New Mexico 414 Silver SW, ¹1 206 Albuquerque, New Mexico 87102 Mr. Jarlath Curran Southern California Edison Company 5000 Pacific Coast Hwy Bldg DIN San Clemente, California 92672 Mr. Robert Henry Salt River Project 6504 East Thomas Road Scottsdate, Arizona 85251 Terry Bassham, Esq.
General Counsel El Paso Electric Company 123 W. Mills El Paso, Texas 79901 Mr. John Schumann Los Angeles Department of Water & Power Southern California Public Power Authority P.O. Box 51111, Room 1255-C Los Angeles, California 90051 Mr. James M. Levine Senior Vice President, Nuclear Arizona Public Service Company Post Office Box 53999 Phoenix, Arizona 85072-3999
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