ML20128A339

Approves 921008 Application & 921007 Affidavit for Withholding 920925, Draft Nuclear Operating Agreement Between Georgia Power Co & Southern Nuclear Operating Co, (Ref 10CFR2.790(b)(1))

ML20128A339
Person / Time
Site:	Hatch, Vogtle
Issue date:	11/25/1992
From:	Matthews D Office of Nuclear Reactor Regulation
To:	Hairston W GEORGIA POWER CO.
References
TAC-M84531, TAC-M84532, TAC-M84534, TAC-M84535, NUDOCS 9212030292
Download: ML20128A339 (6)

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION w t WASHING TON. D. C. 20555 g

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November 25, 1992 Docket Nos. 50-321 and 50-366 50-424 and 50-425 Mr. W. G. Hairston,111 Senior Vice President Nuclear Operations P. O. Box 1295 Birmingham, Alabama 35201

SUBJECT:

PROPOSED WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE EDWIN 1. HATCH NUCLEAR PLANT, UNITS 1 AND 2 V0GTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 (TAC NOS M84534, M84535, M84531, AND M84532)

By application and affidavit dated October 8 (for Plant Hatch) and October 7, 1992 (for Vogtle Plant), Georgia Power Company (GPC) submitted a copy of the September 25, 1992, " Draft Nuclear Operating Agreement between Georgia Power Company and Southern Nuclear Operating Company" (Operating Agreement) and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790(b)(1).

A redacted, non-confidential copy of the Operating Agreement was also provided for placement in the NRC Public Document Room.

By letters dated November 6, 1992, the NRC concluded that GPC did not provide sufficient information in support of GPC's determination to withhold the informhtion excluded in the redacted version of the Operating Agreement.

By applications dated November 20, 1992, GPC submitted a revised, redacted copy of the Operating Agreement and a revised supporting affidavit dated November 20, 1992.

GPC states that the October 7 and 8, 1992, confidential versions of the Operating Agreement be withheld from public disclosure on the grounds that it=

contains privileged or confidential commercial or financial information.

The November 20, 1992, affidavit provides justification in support of withholding each provision of the Operating Agreement which har been omitted from the revised, redacted version.

The affidavit states:

a.

The Operating Agreement is a draft agreement _which-is undergoing final approval by the owners of Plants Hatch and Vogtle (GPC,.0glethorpe Power Corporation..., the Municipal Electric Authority of Georgia, and The City of Dalton, Georgia) (hereafter the "0wners"), their respective legal counsel and governmental authorities having jurisdiction over matters invohing the Operating Agreement.

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Mr. W. G. Hairston b.

The Operating Agreement has been held in confidence by GPC and Southern Nuclear and has been disclosed only to Southern Nuclear, the Owners, their respective legal counsel, and such governmental authorities as have jurisdiction over matters involving the Operating Agreement.

c.

Except as provided in paragraph (b) above, the provisions of the Operating Agreement which are referenced in paragraphs (d) and (e) below are customarily held in confiience by Southern Nuclear.

d.

The Operating Agreement contains certain piovisions... which, if disclosed to the public could adversely affect the ability of Southern Nuclear to negotiate more favorable terms and conditions in operating agreements for other nuclear facilities' and thereby cause substantial economic harm to Southern Nuclear. Third party owners of other nuclear plants negotiating an operating services contract with Southern Nuclear could utilize the provisions identified... to seek a contract which is more f avorable to such owner than the Operating Agreement, to the economic detriment of Southern Nuclear.

Further, such disclosure could preclude Southern Nuclear from obtaining contracts with-such third parties which are more favorable than the Operating Agreement.

e.

The Operating Agreement centains (certain] provisions which, if disclosed to the public could provide information to third parties who contract to provide equipment, materials and services to Southerr.

Nuclear which will enable such third parties to gain an advantage during contract negotiations with Southern Nuclear (by virtue of knowing what Southern Nuclear has oeen authorized by GPC to concede in such contracts thereby causing Southern Nuclear substantial economic harm.

The NRC has reviewed GPC's application and all of the supporting information in accordance with the requirements of 10 CFR 2.790 and, on the basis of GPC's statements, have determined that the submitted information sought to be withheld contains trade secrcu or proprietary commercial information.

Therefore, the confidential version of the Operating Agreement will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public disclosure 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 should also l

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Mr. W. G. Hairston -

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.

Sincerely,

'fb David B. Matthews, Director Project Directorate 11-3 Division of Reactor l'rojects - I/II Office of Nuclear Reactor Regulation cc: See next page

Edwin I. Hatch Nuclear Plant Georgia Power Company Vogtle Electric Generating Plant cc:

Mr. Ernest L. Blake, Jr.

Mr. R. P. Mcdonald Shaw, Pittman, Potts and Trowbridge Executive Vice President -

2300 N Street, NW.

Nuclear Operations Washi:igton, DC 20037 Georgia-Power Company P. O. Box 1295 Mr. J. T. Beckham Birmingham, Alabama 35201 Vice President - Plant Hatch Georgia Power Company Mr. Alan R. Herdt, Chief P. O. Box 1295 Project Branch #3 Birmingham, Alabama 35201 U. S. Nuclear Regulatory Commission 101 Marietta Street, NW, Suite 2900 Mr. S. J. Bethay Atlanta, Georgia 30323 Manager Licensing - Hatch Georgia Power Company Mr. Dan H. Smith, Vice President P. O. Box 1295 Power Supply Operations Birmingham, Alabama 35201 Oglethorpe Power Corporation 2100 East Exchange flace Mr. L. Sumner Turker, Georgia 30085-1349 General Manager, Nuclear Plant Georgia Power Company Charles A. Patrizia, Esauire

-Route 1, Box 439 Paul, Hastings Janofsky & Walker Baxley, Georgia 31513 12th Floor 1050 Connecticut Avenue, NW.

Resident Inspector Washington, DC 20036 U. S. Nuclear Regulatory Commission Route 1, Box 725 Baxley, Georgia 31513 Regional Administrator, Region II U. S. Nuclear Regulatory Commission 101 Marietta Street, NW, Suite 2900 Atlanta, Georgia 30323 Mr. Charles H. Badger Office of Planning and Budget Room 610 270 Washington Street, SW.

Atlanta, Georgia 30334 Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE., Suite 1252 Atlanta, Georgia 30334 Chairman Appling County Commissioners County Courthouse Baxley, Georgia 31513

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Edwin I. Hatch Nuclear Plant Georgia Power. Company Vogtle Generating Plant cc:

Mr. J. A. Bailey Office of the County Commissioner Manager - Licensing Burke County Commission-Georgia Power Company Waynesboro, Georgia 30830 P. O. Box 1295 Birmingham, Alabama 35201 Resident inspector U. S. Nuclear Regulatory Commission Mr. W. B. Shipman P. O. Box 572 General Manager, Vogtle Electric Waynesboro, Georgia 30830 Geneisting Plant P. O. Box 1600 Waynesboro, Georgia 30830 Office of Planning and budget Room 615B

-270 Washington Street, SW, Atlanta, Georgia 30334 Mr. C. K. McCoy Vice Presic'ent - Nuclear Vogtle Project Georgia Power Company P. O. Box 1295 Bi rmi ng h t:.., 41abama 35201 Attorney General Law Department 132 Judicial Building Atlanta, Georgia 30334 Art Domby, Esquire Troutman, Sanders NationsBank ' Pl aza Suite 5200 600 Peachtree Street Atlanta, Georgia 30308-2210

o Mr. W. G. Hairston

--3 November 25, 1992 understand that the NRC may have cause to review this determination in the l

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 j

determination adverse to the above, you will be notified in advance-of any public disclosure.

Sincerely,

/s/

i David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page DJSTRIBUTION Docket Files K.Jabbour i

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