ML20155G823

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Responds to Requesting to Withhold Info from Public Disclosure Re Plant Unit 1.Request Reviewed & NRC Has Determined Info Contains Proprietary Financial Info & Should Be Withheld
ML20155G823
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 10/26/1998
From: Harrison J
NRC (Affiliation Not Assigned)
To: Charnoff G
SHAW, PITTMAN, POTTS & TROWBRIDGE
References
TAC-MA3842, NUDOCS 9811090211
Download: ML20155G823 (4)


Text

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October 26, 1998

          • f Gerald Chamoff, Esquire Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.

Washington, D.C. 20037-1128

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, SEABROOK STATION, UNIT 1 (TAC NO. MA3842)

Dear Mr. Chamoff:

By your letter dated October 2,1998, and affidavit dated September 21,1998, executed by Mr.

Frank W. Getman, Jr. you submitted financial data for BayCorp Holdings, Ltd. (Exhibit 1) and requested that Exhibit 1 be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of Exhibit 1 was included in the License Transfer Application that was submitted by North Atlantic Energy Service Corporation on September 29,1998, which has been designated for placement in the NRC public document room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1.

The information in Exhibit 1 is information of the type customarily held in confidence by BayCorp and its subsidiaries and that BayCorp and its subsidiaries do not disclose this type of information to the public and it is not available from pubke sources.

2.

The type of information in Exhibit 1 is commercially sensitive to the conduct of Great Bay's sale of power and its disclosure to competitors and customers could cause BayCorp and its subsidiaries substantial competitive harm.

3.

If the information contained in Exhibit 1 became available to Great Bay's competitors or customers (both current and potential), those parties would learn of sensitive pricing and ecst 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 power sales and cause BayCorp and its subsidiaries substantial commercial harm.

We have reviewed your request and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary financialinformation and should be O

withheld from public disclosure.

i Therefore, the unredacted version of the submittet'information marked as confidential wi!! be

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withheld from public disclosure pursuant to 10 CFR D90(b)(5) and Section 103(b) of tho Atomic Energy Act ofj9_54, mended.

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1 G. Charnoff - Withholding from public inspection shall not affect the right, if any, of persons preperly 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 determinotion in the future, for example, if the scope of a Freedom of Information Act request includes your information. In ali review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

if you have any questions regarding this matter, I may be reached at (301) 415-3199.

Sincerely, Original signed by John Harrison, Project Manager Project Directorate 1-3 Division of Reactor Projects - 1/II Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See next page DISTRIBUTION Docket File C. Cowgill J. Harrison A. McKeigney PUBLIC M. P. Siemien, OGC T. Clark R. Wood Seabrook r/f J. Zwolinski R. Architzel DOCUMENT NAME: G:\\ HARRISON \\MA3842.PI To receive a copy of this document, indicate in the box:

"C" - Copy without attachment / enclosure "E" - Copy with attachment / enclosure "N" - No cop,y.

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0FFICIAL RECORD COPY

North Atlantic Energy Service Corporation Seabrook Station, Unit No.1 cc:

Mr. Ted C. Feigenbaum Mr. Dan McElhinney Executive Vice President and Federal Emergency Management Agency Chief Nuclear Officer Region i North Atlantic Energy Service Corporation J.W. McCormack P.O. &

' c/o Mr. Terry L. Harpster Courthouse Building, Room 401

' P.O. Box 300 Boston, MA 0210g 1

Seabrook, NH 03874 Mr. Peter LaPorte, Director Lillian M. Cuoco, Esq.

ATTN: James Muckerheide Senior Nuclear Counsel Massachusetts Emergency Management Northeast Utilities Service Company Agency P.O. Box 270 400 Worcester Road Hartford, CT 06141-0270 P.O. Box 1496 Framingham, MA 01701-0317 Mr. Peter Brann

' Assistant Attomey General Jeffrey Howard, Attomey General State House, Station #6 G. Dana Bisbee, Deputy Attorney Augusta, ME 04333 General 33 Capitol Street Resident inspector Concord, NH 03301 U.S. Nuclear Regulatory Commission Seabrook Nuclear Power Station Mr. Woodbury Fogg, Director P.O. Box 1149 '

New Hampshire Offici of Emergency Seabrook, NH 03874 Management State Office Park South Jane Spector 107 Pleasant Street Federal Energy Regulatory Commission Concord, NH 03301 825 North Capital Street, N.E.

Room 8105 Mr. Roy E. Hickok Washington, DC 20426 Nuclear Training Manager Seabrook Station Town of Exeter North Atlantic Energy Service Corp.

10 Front Street P.O. Box 300 Exeter, NH 03823 Seabrook, NH 03874 Regional Administrator, Region l Mr. Terry L. Harpster U.S. Nuclear Regulatory Commission Director of Licensing Services 475 Allendale Road Seabrook Station King of Prussia, PA 19406 North Atlantic Energy Service Corp.

P.O. Box 300 Office of the Attomey General Seabrook, NH 03874 One Ashburton Place 20th Floor Mr. D. M. Goebel Boston, MA 02108 Vice President Nuclear Oversight Northeast Utilities Service Company Board of Selectmen P.O. Box 270 Town of Amesbury Hartford, CT 06141 0270 Town Hall Amesbury, MA 01g13

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. Mr. W. A. DiProfio -

Station Director Seabrook Station North Atlantic Energy Service Corporation P.O. Box 300 Seabrook, NH 03874 Mr. Frank W. Getman, Jr.

Great Bay Power Corporation Cocheco Falls Millworks 100 Main Street, Suite 201 Dover, NH 03820 Mr. B. D. Kenyon President - Nuclear Group Northeast Utilities Service Group P.O. Box 128 Waterford, CT 06385 Mr. David E. Carriere Director, Production Services Canal Electric Cornpany 2421 Cranberry Highway Wareham, MA 02571 I

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