ML20128J238
| ML20128J238 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Davis Besse, Perry |
| Issue date: | 05/26/2020 |
| From: | Bhalchandra Vaidya Plant Licensing Branch III |
| To: | Hamilton D Energy Harbor Nuclear Corp |
| Vaidya B | |
| References | |
| EPID L-2020-LRO-0024 | |
| Download: ML20128J238 (4) | |
Text
May 26, 2020 Mr. David B. Hamilton Senior Vice President and Chief Nuclear Officer Energy Harbor Nuclear Corp.
168 E. Market Street Akron, OH 44308-2014
SUBJECT:
ENERGY HARBOR - 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 REQUEST FOR THRESHOLD DETERMINATION (EPID-L-2020-LRO-0024)
Dear Mr. Hamilton:
By letter dated May 4, 2020 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML20125A345), Energy Harbor Nuclear Corp (Energy Harbor, the licensee) submitted an affidavit dated May 1, 2020, executed by Stuart Cohen, Managing Director and Head of Legal, Nuveen Asset Management, LLC, 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 390(a)(4) and 10 CFR 9.17(a)(4):
Energy Harbor Nuclear Generation LLC, Letter, Dated May 4, 2020, Attachment 4, Unredacted Nuveen Asset Management, LLC, Voting Agreement, Request for Threshold Determination, 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. ML20125A348).
The following reasons were given in your affidavit for requesting our withholding of this information:
- 2.
Nuveen is providing information in support of the Request for Threshold Determination, submitted before the Nuclear Regulatory Commission (NRC), in regard to a stock buy-back transaction involving the current owners of Energy Harbor Corp., including Nuveen. Energy Harbor Corp.
is the ultimate parent company of NRC licensees Energy Harbor Nuclear Corp., and Energy Harbor Nuclear Generation LLC, (together, the Licensees). The document subject to this affidavit is the Voting Agreement (Voting Agreement), executed the 28th of April, 2020, by and between Energy Harbor Corp., and Nuveen. This document constitutes 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 10 CFR 9.17(a)(4), because, to the best of my knowledge and belief:
- a. This document is and has been held in confidence by Nuveen and its affiliates.
- b. This document is of the type that is held in confidence by Nuveen and its affiliates, and there is a rational basis for doing so because the information consists of highly sensitive and confidential commercial terms, and commercial and financial information. Public disclosure of this information could hamper the parties' negotiating positions in future transactions.
- d. This information is not available from public sources and could not be gathered readily from other public sources.
- e. Public disclosure of this information would create substantial harm lo the competitive position of Nuveen in this transaction or future transactions of the same or similar nature in disclosing Nuveens internal positions and policies related to such transactions with other parties who may be adverse to the commercial interests of Nuveen.
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, Attachment 4 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 nonproprietary versions of Attachment 4 (Attachment 2 of the licensees May 4, 2020, submittal) has been placed in the NRCs Public Document Room and added to the ADAMS Public Electronic Reading Room (ADAMS Accession No. ML20125A347).
If you have any questions regarding this matter, I may be reached at 301-415-3308.
Sincerely,
/RA/
Bhalchandra Vaidya, Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, 50-346, and 50-440 cc:
Stuart Cohen, Managing Director and Head of Legal Nuveen Asset Management, LLC, 333 West Wacker Drive Chicago, IL 60606 DAVIS-BESSE PERRY BEAVER VALLEY Mark B. Bezilla Frank R. Payne Rod L. Penfield Site Vice President Site Vice President Site Vice President Energy Harbor Nuclear Corp.
Energy Harbor Nuclear Corp.
Energy Harbor Nuclear Corp.
Davis-Besse Nuclear Power Station Perry Nuclear Power Plant Beaver Valley Power Station Mail Stop P-DB-3080 Mail Stop P-PY-A290 Mail Stop P-BV-SSB 5501 N. State Route 2 PO Box 97, P.O. Box 4, Route 168 Oak Harbor, OH 43449-9760 Perry, OH 44081-0097 Shippingport, PA 15077-0004 Listserv
(*) By Email OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NMSS/REFS/FAB/BC*
NAME BVaidya SRohrer FMiller DATE 05/07/2020 /c/
05/07/2020 /c/
05/15/2020 OFFICE NRR/DORL/LPL3/BC*
NRR/DORL/LPL3/PM NAME NSalgado BVaidya DATE 05/26/2020 05/26/2020