ML20154D738

Affidavit of FW Getman Requesting Exhibit 1 to License Transfer Application Be Withheld from Public Disclosure,Per 10CFR2.790

ML20154D738
Person / Time
Site:	Seabrook
Issue date:	09/21/1998
From:	Getman F AFFILIATION NOT ASSIGNED
To:
Shared Package
ML20138L224	List: ML20154D729 ML20154D738
References
NUDOCS 9810070321
Download: ML20154D738 (3)

Text

. - - - . __ -- .- - .. .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

)

In the Matter of )

)

North Atlantic Energy Service Corporation, ) Docket No. 50-443 11al )

)

(Seabrook Station, Unit 1) )

)

Affidavit of Frank W. Getman Jr.

Pursuant to 10 C.F.R. 9 2.790 CITY OF PORTSMOUTH )

) SS:

STATE OF NEW HAMPSHIRE )

Frank W. Getman Jr., being duty swom, states as follows:

i

1. I am President and Chief Executive Officer for BayCorp Holdings, Ltd. l

("BayCorp"), Great Bay Power Corporation (" Great Bay"), and Little Bay Power  !

Corporation ("Little Bay") located in Portsmouth, New Hampshire. In that capacity, i 1 am responsible for the operational and managerial matters of BayCorp, Great Bay, and Little Bay. I l

2. North Atlantic Energy Serv.ce Corporation, acting on behalf of Montaup Electric Company ("Montaup") e nd Little Bay, is filing with the Nuclear Regulatory Commission ("NRC") a request for Commission consent pursuant to 10 C.F.R. % 50.80 to the transfer of Montaup'a interest in the operating I; cense for Seabrook Station, Unit No.1 to Little Bay. See " License Transfer Apolication Requesting Consent for Transfer of Montaup Electric Company's Interest in Operating License NPF-86 for the Seabrook Station to Little Bay Power Corporation" (" License Transfer Application"), Enclosure 1 to NYN-98096, Docket No. 50-443. Most of the information contained in Exhibit 1 to the License Transfer 9810070321 981002 PDR ADOCK 05000443!

P PDR ,.

a- ,

p-l-

L Application is sensitive confidential commercial and financial information that could cause great harm to BayCorp and its wholly owned subsidiaries, Great Bay and l

Little Bay, if it were made publicly available. Accordingly, BayCorp and its

! subsidiaries request the NRC to withhold this information, developed and owned by l l them, from public disclosure pursuant to 10 C.F.R 9 2.790 ofits regulations. This i

affidavit supplies the reasons why this information should be withheld from public  ;

disclosure as required by the regulation. i 1

3. The complete unredacted version of Exhibit 1 containing the sensitive, confidential commercial and financial information which BayCorp and its subsidiaries request the Commission to treat as proprietary and to withhold from public ,

' disclosure is attached to this affidavit. A redacted version of Exhibit i deleting the  !

sensitive, confidential commercial and financial information is attached to the License Transfer Application. The redacted version of Exhibit 1 attached to the l

License Transfer Application can be made publicly available without competitive r harm to BayCorp and its subsidiaries. l

- 4. l'am familiar with the sensitive commercial and financial information contained in Exhibit 1 attached to this affidavit. I am authorized to speak to the practice of BayCorp and its subsidiaries of maintaining such information confidential I and the harm that would befall them if it were publicly disclosed.  ;

5. Exhibit 1 attached to this affidavit contains consolidated cash flow and income statement projections reflecting BayCorp's budget and forecast of revenues I

from the sale of electricity, and cash outlays for the cost of generating electricity, for the years 1999 through 2003. It also contains assumptions concerning Great Bay's price for short term sales of electricity and the capacity factors for Seabrook on which these projections are based. This information (consisting of revenue, cash flow, sales price and similar type projections)is information of the type customarily held in confidence by BayCorp and its subsidiaries, and this information is so held.

[ BayCorp and its subsidiaries do not disclose this type of information to the public

( and it is not available from public sources. The rational basis for not disclosing this l

f 2

l type of information is that the information is commercially sensitive to the conduct of l Great B,ay's sale of power and its disclosure to competitors and customers could cause BayCorp and its subsidiaries substantial competitive harm. If the information contained in Exhibit 1 to this affidavit became available to Great Bay's competitors or customers (both current and potential), those parties would learn of sensitive pricing and cost information which could be used against Great Bay in the negotiation of current and future power sales. Such a result would place Great Bay at a significant competitive disadvantage in the negotiations of current and future l

power sales and cause BayCorp and its subsidiaries substantial commercial harm.

6. Accordingly, the information included in Exhibit 1 attached to this affidav;t is being transmitted to the Commission in confidence under the provisions of 10 C.F.R. 6 2.790 with the understanding that it will be received and held in confidence by the Commission and withheld from public disclosure.  !

/ I i

l l

1 I

i Frank W. Getman Jr.

Sworn to before me this 2/sI day of September 1998 l

A11/XiAb Y k Not'ary Pubil: (/

.. .- . u st l

l l

l I 3