ML20209G471

Informs That Unredacted Version of Supplemental Commercial & Financial Data for Baycorp Holdings,Ltd,Submitted in 990407 Application & Affidavit,Marked Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)

ML20209G471
Person / Time
Site:	Seabrook
Issue date:	07/14/1999
From:	Harrison J NRC (Affiliation Not Assigned)
To:	Gaukler P SHAW, PITTMAN, POTTS & TROWBRIDGE
References
TAC-MA3842, NUDOCS 9907190172
Download: ML20209G471 (5)

Text

h t@ Muut p 4 UNITED STATES g j NUCLEAR REGULATORY 00MMISSION o WASHINGTON. D.C. 20555 4001

%*****/g July 14, 1999 Paul A. Gaukler 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. Gaukler:

By your application and affidavit dated April 7,1999, executed by Mr. Frank W. Getman, Jr. of BayCorp Holdings, Ltd., you submitted supplemental commercial and financial data for BayCorp Holdings, Ltd. and requested that the information be withheld from public disclosure pursuant to 10 OFR 2.790. A nonproprietary version was submitted 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 supplemental commercial and financial data 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 public sources.

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2. The supplementalinformation 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. l

3. If the supplementalinformation 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 power sales and cause BayCorp l 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 financial information and should be withheld from public disclosure.

Therefore, the unredacted version of the submitted information marked as confidential 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.

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> 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.  ;

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

Sincerely,

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• ohn Harrison, Project Manager, Section 2 Project Directorate i Division of Licensing Project 7ianagement Office of Nuclear Reactor Regulation Docket No. 50-443 I cc: See next page 1 l

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. P. Gaukler - n

. Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed 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

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, 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 th.e 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.

Gincerely,

ORIGINAL SIGNED BY

John Harrison, Project Manager, Section 2 Project Directorate 1

- Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-443.

cc: See next page

. DISTRIBUTION:

Docket File E. Adensam (EGA1) M. Dusaniwskyj PUBLIC J. Clifford M. P. Siemien, OGC PD1Rdg J. Harrison B. Zaleman l T. Clark C. Anderson, RI R. Wood DOCUMENT NAME: G:\PDI-2\Seabrook\ PRO 38420.wpd I n /l OFFICE PDI 2:PM PDl-2:LA RGEld OGC k PQ -2:SC NAME' JHarrisonb TClark&@h BMWi MPSiemien Jhob DATE ' 7/ 7/99 ' 1 / 1 /99 'l/ N/99 9 h /99 ~7 /lf /99 OFFICIAL RECORD COPY

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S:: brook Station, Unit No.1 cc:

Lillian M. Cuoco, Esq. Mr. Peter LaPorte, Director Senior Nuclear Counsel ATTN: James Muckerheide North 1ast Utilities Service Company Massachusetts Emergency Management P.O. Box 270 Agency Hartford, CT 06141-0270 400 Worcester Road P.O. Box 1496 Mr.. Peter Brann Framingham, MA 01701-0317 Assistant Attorney General State House, Station #6 Philip T. McLaughlin, Attorney General Augusta, ME 04333 Steven M. Houran, Deputy Attorney General Resident inspector 33 Capitol Street U.S. Nuclear Regulatory Commission Concord, NH 03301 Seabrook Nuclear Power Station P.O. Box 1149 Mr. Woodbury Fogg, Director Seabrook, NH 03874 New Hampshire Office of Emergency Management Jane Spector State Office Park South Federal Energy Regulatory Commission 107 Pleasant Street 825 North Capital Street, N.E. Concord, NH 03301 Room 8105 Washington, DC 20426 Mr. Roy E. Hickok Nuclear Training Manager -

Town of Exeter Seabrook Station 10 Front Street North Atlantic Energy Service Corp.

Exeter, NH 03823 P.O. Box 300 Seabrook, NH 03874 Regional Administrator, Region i U.S. Nuclear Regulatory Commission Mr. James M. Peschel 475 Allendale Road Manager of Regulatory Compliance King of Prussia, PA 19406 Seabrook Station North Atlantic Energy Service Corp. )

Office of the Attorney General P.O. Box 300 One Ashburton Place Seabrook, NH 03874

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20th Floor Boston, MA 02108 Mr. W. A. DiProfio Station Director Board of Selectmen Seabrook Station Town of Amesbury North Atlantic Energy Service Corporation Town Hall P.O. Box 300 Amesbury, MA 01913 Seabrook, NH 03874 i

Mr. Dan McElhinney Mr. Frank W. Getman, Jr.

Federal Emergency Management Agency 20 International Drive j Region I . Suite 301 l J.W. McCormack P.O. & Portsmouth, NH 03801-6809 l Courthouse Building, Room 401 I Boston, MA 02109 l l

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. Mr. B. D. Kenyon President - Nuclear Group Northeast Utilities Service Group P.O. Box 128 -

Waterford, CT 06385 Mr. Ted C. Feigenbaum Executive Vice President and l

Chief Nuclear Officer Seabrook Station North Atlantic Energy Service Corporation clo James M. Peschel P.O. Box 300 Seabrook, NH 03874 Mr. David E. Carriere Director, Production Services Canal Electric Company 2421 Cranberry Highway Wareham, MA 02571 Mr. David A. Lochbaum -

Nuclear Safety Engineer Union of Concerned Scientists' 1616 P Street, NW, Suite 310

- Washington, DC 20036-1495 i

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