ML20210B360
| ML20210B360 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 07/19/1999 |
| From: | Parkyn J AFFILIATION NOT ASSIGNED |
| To: | |
| Shared Package | |
| ML20210B337 | List: |
| References | |
| 97-732-02-ISFSI, ISFSI, NUDOCS 9907230133 | |
| Download: ML20210B360 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22
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(Private Fuel Storage Facility)
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ASLBP No. 97-732-02-ISFSI AFFIDAVIT OF JOHN D. PARKYN PURSUANT TO 10 C.F.R. g 2.790 REGARDING STATE'S PROPRIETARY RESPONSES TO APPLICANT'S SECOND SET OF DISCOVERY REQUESTS FOR GROUPS II AND HI CONTENTIONS CITY OF LA CROSSE
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STATE OF WISCONSIN
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John D. Parkyn, being duly sworn, states as follows:
- 1. I am Chairman of the Board of Private Fuel Storage L.L.C. ("PFS"), a limited liability company organized and existing under the laws of the State of Delaware with its principal office currently located in La Crosse, Wisconsin. In that capacity, I am responsible for the operational and managerial matters of PFS.
- 2. The State of Utah has provided the Commission with " State of Utah's Objections and Responses to Applicant's Second Set of Discovery Requests with respect to Groups II 1
and III Contentions," (" State's Response") dated June 28,1999, pursuant to the licensing l
I proceeding for the Private Fuel Storage Facility ("PFSF"), an independent spent fuel storage installation, on the reservation of the Skull Valley Band of Goshute Indians.
9907230133 990720 PDR ADOCK 07200022 c
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- 3. Included as part of the State's Response was an Addendum A, which contains sensitive PFS proprietary commercial and financial information that could cause great harm to PFS ifit were made publicly available. Because the Addendum contains PFS confidential information, the State filed the Addendum separately, with each page containing the logo, MAY CONTAIN PROPRIETARY INFORMATION. A copy of Addendum A is attached to this affidavit. The State provided Addendum A to the Commission pursuant to the Commission's discovery regulations as part of the State's responses to PFS's discovery requests.
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- 4. Because Addendum A contains sensitive proprietary commercial and financial l
l mformation that could cause great harm to PFS ifit were made publicly available, PFS requests the NRC to withhold this sensitive information, developed and owned by PFS, from public disclosure pursuant to 10 C.F.R. { 2.790 ofits regulations. This affidavit supplies the reasons why the confidential information in Addendum A to the State's i
Response should be withheld from public disclosure as required by the regulation. I am l
familiar with the sensitive commercial and financialinformation contained in Addendum A l
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of the State's Response and am authorized to speak to PFS's practice of maintaining such infonnation proprietary and the harm that would befall PFS ifit were publicly disclosed.
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- 5. Addendum A of the State's Response contains sensitive proprietary information l
concerning PFS financial and business plans including legal and financial relationships, potential financial liability of the PFSF, PFS budgeting, PFS corporate agreements, PFS I r
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financial agreements, and cost estimates and cost-related strategies for construction, operation and decommissioning of the PFSF.
- 6. The sensitive proprietary commercial and financial'information contained in Addendum A is information of the type customarily held in confidence by PFS, and the information within this document is so held. PFS does not disclose this type ofinformation to the public and it is not available from public sources. The rational basis for not disclosing this type ofinformaticn is that the information is commercially sensitive to the conduct of I
PFS's business, i.e., the development and operation of an independent spent fuel storage facility, and its disclosure to competitors and customers could cause PFS substantial competitive harm. If the information contained in Addendum A of the State's Response became available to PFS's competitors or customers (both current and potential), those parties would learn of sensitive commercial, cost and financial information which could be used against PFS in the competition for customers or negotiation of contracts for services.
Such a result would place PFS at a significant competitive disadvantage in negotiations
' with potential customers, would provide potential competitors with competitively advantageous information, and cause PFS substantial commercial harm.
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- 7. Accordingly, Addendum A to the" State of Utah's Objections and Responses to Applicant's Second Set of Discovery Requests with respect to Groups II and III Contentions," dated June 28,1999, should be held in confidence by the Commission pursuant to the provisions of 10 C.F.R. l 2.790 and withheld from public disclosure.,
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hn D. Parkyn Sworn to before me this 19tiday ofJuly 1999 s
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AAA Nota'ry Public, $6te of Wisconsin My Commission Expires: June 1, 2003 CAR 01.J. N NotaryPub5o l
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