ML20205K488

Forwards Original of Affidavit of FW Getman Filed with Commission on 990407 to Support Maintaining Little Bay Responses to NRC Questions of 990401 Under 10CFR2.790

ML20205K488
Person / Time
Site:	Seabrook
Issue date:	04/09/1999
From:	Gaukler P AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NUDOCS 9904130244
Download: ML20205K488 (5)

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SHAW PITTMAN POTT 5eTROWBRIDG A r^nmtasmr inctumuc encerscwat conronamws l 2300 N Street. N.W.

Washington, DC 20037-1128 202.663.8000 Facamile 202.663.8007 PAUL A. CAUKLER Nm York 202.663.8304 Virginia paul _gauller@shawpittman.com April 9,1999 NRC Operatine License No. NPF-86 Docket No. 50-443 United States Nuclear Regulatory Commission  !

j Attention: Document Control Desk Washington, D.C. 20555 Re: Seabrook Station, Unit No.1 Little Bay Power Corporation's Responses to NRC Questions of April 1,1999 Concerning Supplement to License Transfer Application Requesting Consent for Transfer of Montaup Electric Company's Interest in Operating License NPF-86 for the i

Seabrook Station to Little Bay Lndies and Gentlemen:

I Enclosed please find the original of the Affidavit of Frank W. Getman, Jr. filed with the Commission on April 7,1999 to support maintaining Little Bay's responses to the NRC questions of April 1,1999 as confidential information under 10 C.F.R. Q 2.790.

Very truly yours, b ,

Paul A.Gaukler Counsel for Little Bay Power Corporation Enclosures cc: J.T. Harrison \

Project Manager /

Project Directorate I-3 1 H.J. Miller Region 1 Administrator oi D

9904130244 990409

, PDR ADOCK 05000443; P PMg I

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l .SHAW PITTMAN ICTISeTFOWBFJDGE l A PAfLTNEL911F INCLUDINC PILOR5510N AL COLf0KATIONS l Onited States Nuclear Regulatory Commission i

April 9,1999 l Page 2

i. R. W. Lorson Sr. Resident Inspector Seabrook Mr. Tony Callendrello North Atlantic Service Corporation l

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16 s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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North Atlantic Energy Servic,e Corporation, ) Docket No. 50-443 e.t at )

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(Seabrook Station, Unit 1) )

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Affidavit of Frank W. Getman Jr.

Pursuant to 10 C.F.R. 9 2.790 CITY OF PORTSMOUTH ) 3

) SS: l STATE OF NEW HAMPSHIRE ) j Frank W. Getman Jr., being duly sworn, states as follows:

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

("BayCorp"), Great Bay Power Corporation (" Great Bay"), and Little Bay Power Corporation ("Little Bay") located in Portsmouth, New Hampshire. In that capacity,1

m responsible for the operational and managerial matters of BayCorp, Great Bay,

.c ad Little Bay.

2. Little Bay is filing with the Nuclear Regulatory Commission ("NRC") its responses to requests for information made by the NRC Staff to Little Bay (in a teleconference call last Thursday, April 1,1999) related to Little Bay's March 8, 1999 Supplement to the License Transfer Application requesting the Commission's consent to the transfer of Montaup's interest in the operating license for Seabrook Station, Unit No.1 to Little Bay. Most of the information in Little Bay's responses is sensitive confidential commercial and financial information that could cause great harm to BayCorp and its wholly owned subsidiaries, Great Bay and Little Bay, if it were made publicly available. Accordingly, BayCorp and its subsidiaries request l

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the NRC,to withhold this information, developed and owned by them, from public disclosure pursuant to 10 C.F.R @ 2.790 of its regulations. This affidavit supplies the reasons why this information should be withheld from oublic disclosure as required by the regulation.

3. The complete unredacted version of Little Bay's responses 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 behind Tab A to this affidavit. A redacted version of Little Bay's responses deleting the sensitive, confidential commercial and financial information is attached behind Tab B to this affidavit. The redacted version of Little Bay's responses behind Tab B can be made publicly available without competitive harm to BayCorp and its subsidiaries.

4. I am familiar with the sensitive commercial and financial information contained in Little Bay's responses attached behind Tab A to this affidavit. I am authorized to speak to the practice of SayCorp and its subsidiaries of maintaining such information confidential and the harm that would befall them if it were publicly disclosed.

5. Little Bay's unredacted responses behind Tab A of this affidavit contain detailed sales revenue information, and other proprietary information, concerning the projected sales of electricity for the years 1999 through 2004. This  !

information includes BayCorp's budget and forecast of revenues from the sale of electricity, the assumptions concerning Great Bay's price for short term sales of l electricity, and the capacity factors for Seabrook on which these projections are  !

l based. This information is of the type customarily held in confidence by BayCorp and its subsidiaries, and this information is so held. BayCorp and its subsidiaries ,

I do not disclose this type of information to the public and it is not available from

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1 public sources. The rational basis for not disclosing this type of information is that l the information is commercially sensitive to the conoict of Great Bay's sale of power i

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y t an.d its disclosure to competitors and customers could cause BayCorp and its subsidiaries substantial competitive harm. If the information contained in Little Bay's responses attached behind Tab A 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 i t

Bay in the negotiation of current and future power sales. Such a result would raace Great Bay at a significant competitive disadvantage in the negotiations of rJfrent  ;

i and future power sales and cause BayCorp and its subsidiaries substotial commercicI harm.

6. Accordingly, the information included in Little Bays' responses attached at Tab A to this affidavit is being transmitted to the Commission in confidence under the provisions of 10 C.F.R. 2.790 with the understanding that it ,

will be received and held in confidence by the Commission and withheld from public disclosure.

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l Frank W. Getman Jr.

nd Sworn to before me this /

• day of April 1999.

07Nl h OIn2 n >

Notary Public /

My Commission expires O o no .6. 400/

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