ML19080A049

FENOC - Beaver Valley Power Station, Unit 1 and 2; Davis-Besse Nuclear Power Station Unit 1; and Perry Nuclear Power Plant Unit 1 - Request for Withholding Information from Public Disclosure Regarding Retrospective Premium Guarantee

ML19080A049
Person / Time
Site:	Beaver Valley, Davis Besse, Perry
Issue date:	04/10/2019
From:	Bhalchandra Vaidya Plant Licensing Branch III
To:	Harden P FirstEnergy Nuclear Operating Co
Vaidya B, 415-3308
References
Download: ML19080A049 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 10, 2019 Mr. Paul A. Harden Senior Vice President, Chief Operating Officer of FENOC, and Chief Nuclear Officer FirstEnergy Nuclear Operating Company 341 White Pine Drive Akron, OH 44320

SUBJECT:

FENOC - BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING RETROSPECTIVE PREMIUM GUARANTEE

Dear Mr. Harden:

By letter dated February 27, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19059A019), FirstEnergy Nuclear Operating Company (FENOC, the licensee) submitted an affidavit dated February 27, 2019, executed by Darin M. Benyak, Vice President, Nuclear Support and Regulatory Affairs, FirstEnergy Corp., requesting that the 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:

Enclosure C, FirstEnergy Nuclear Generation, LLC 2019 Internal Cash Flow Projection for Beaver Valley Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1 (Proprietary). (ADAMS Accession No. ML19059A020)

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 2019 cash flow projection for FirstEnergy Nuclear Generation, LLC and the projected revenue is based on the intercompany Nuclear Power Supply Agreement dated August 10, 2006. This document constitutes proprietary commercial and financial information that should be held in confidence by the Nuclear Regulatory Commission (NRC) 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.

P.A. Harden 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 competitive information concerning FirstEnergy Nuclear Generation, LLC's anticipated cash flow.

e. Public disclosure of this information would create substantial harm to the competitive position of FirstEnergy Nuclear Generation, LLC by disclosing its internal cash flow.

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 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.

The non proprietary versions of the licensee submittal (Enclosure A of the licensee's submittal) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

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

Sincerely, Bhalchandra Vaidya, Project Manager Plant Licensing Branch Ill Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, 50-346, and 50-440 cc: Mr. David B. Hamilton Site Vice President-Perry FirstEnergy Nuclear Operating Company Perry Nuclear Power Station Mail Stop A-PY-A290 P.O. Box 97, Perry, OH 44081-0097 Mr. Mark Bezilla Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station c/o Davis-Besse NPS Mail Stop A-DB-3080 5501 North State, Route 2 Oak Harbor, OH 43449-9760 Mr. Richard D. Bologna Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SSB P.O. Box 4, Route 168 Shippingport, PA 15077 Listserv

P.A. Harden

SUBJECT:

FENOC- BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING RETROSPECTIVE PREMIUM GUARANTEE DATED APRIL 10, 2019 DISTRIBUTION:

PUBLIC PM File Copy RidsOgcMailCenter Resource RidsNrrDorlLpl3 Resource RidsNrrDorlLpl 1-2 Resource RidsRgn1 MailCenter RidsRgn3MailCenter RidsNrrPMDavisBesse Resource RidsNrrLAIBetts Resource RidsNrrPMPerry Resource RidsNrrLALRonewicz Resource RidsNrrPMBeavervalley Resource RidsACRS_MailCTR Resource ADAMS A ccess1on No.: ML19080A049 *b1yema1*1 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DLP/PFPB/BC*

NAME BVaidya IBetts ABowers DATE 03/22/2019 03/21/2019 03/24/2019 OFFICE OGC NRR/DORL/LPL3/PM NRR/DORL/LPL3/BC NAME KGrace BVaidya DWrona DATE 04/02/2019 04/10/2019 04/09/2019 OFFICIAL RECORD COPY