ML20210S618
| ML20210S618 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/10/1997 |
| From: | Charnoff G SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | De Agazio A NRC |
| References | |
| NUDOCS 9709110211 | |
| Download: ML20210S618 (4) | |
Text
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i SHAW PITTMAN IDTI'S(KiOWBRIDGE
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W 00 7 1128 Fenima 202 e43 007 CLKALD CHAKNOff, P,C.
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l September 10,1997 L
Mr. Albert W. De Agazlo l
Pro, lect Manager L
Nuclear Regulatory Commission l
OWFN, Room 1412D 14_C7 l
Rockville, MD Ret Great Bay Power Corporation
Dear Mr. De Agazio:
in accordance with your letter of September 2,1997, enclosed is an affidu,it of Frank W. Getman Jr. requesting confidential treatment under 10 C.F.R. Q 2.790 for Exhibit A to my letter of June 16,1997. I am sending the original of the affidavit to the Document Control desk for filing in accordance with 10 C.F.R. 6 50.4.
Resnectfully, l
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Geral Chamoff D
Counsel for Great Bay Power Corporation
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Enclosure cc:
Documen: Control Desk (with enclosure) llubert J. Miller (with enclosure)
Regional Administrator, Region 1 John B. MacDonald (with enclosure)
Senior Resident Inspector, Seabrook 9709110211 970910 '
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
)
In the Matter of
)
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North Atlantic Energy Service Corporation,
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Docket No. 50-443 21at
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NYN-96031
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(Seabrook Station, Unit 1)
)
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Affidavit Of Frank W. Getman Jr.
Pursuant to 10 C.F.R. 6 2.790 CITY OF DOVER
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8
) SS:
STATE OF NEW HAMPSHIRE
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Frank W. Getman Jr., being duly sworn, states as follows:
1.
I am Vice President and Chief Operating Officer for Great Bay Power Cor-poration (" Great Bay") located in Dover, New Hampshire. In that capacity, I am respon-sible for operational and managerial matters of Great Bay.
2.
By letter dated June 16,1997 from its attorneys Shaw Pittman Potts &
Trowbridge, Great Bay submitted information to the NRC in response to questions from the NRC staff concerning the " Supplement To Great Bay Power Corporation's Petition For Partial Reconsideration Of Exemption Order To Submit Requested Cost Data And
-To Request, in The Alternative, A Further Exemption" which had been filed with the NRC June 4,1997. In its June 16,1997 communication, Great Bay stated that Exhibit A to that communication contained " sensitive, confidential, commercial and financial in-formation" identical in nature to the information found in unredacted Exhibit 1 to Great Bay's June 4,1997 Supplement, for which Great Bay had submitted an affidavit
,. pursuant to 10 C.F.R S 2.790 requesting Exhibit i to be withheld from public disclosure.
Great Bay did not file a new affidavit with the June 16,1997 communication, but did state that the previous affidavit filed with respect to the June 4,1997 submittal was equally applicable to the information contained in Exhibit A to the June 16,1997 communication.
3.
By letter dated September 2,1997, the NRC has advised Great Bay that it is necessary to submit a separate affidavit under 10 C.F.R S 2.790 in order for the NRC to withhold from public disclosure Exhibit A to the June 16,1997 communication. The September 2,1997 letter further advised Great Bay that the information contained in Exhibit A would be withheld temporarily from public disclosure pending receipt of the required affidavit and the NRC's related determination. The letter requested Great Bay f
to submit the required affidavit to the NRC by September 18,1997.
4.
In accordance with the NRC's September 2,1997 letter, the purpose of this affidavit is to request the NRC to withhold from public disclosure pursuant to 10 C.F.R 9 2.790 of its regulations the information contained in Exhibit A to Great Bay's June 16,1997 communication. The informetion contained in Exhibit A is sensitive con-fidential commercial and financial information that could cause great harm to Great Bay if it were made publicly available. I am familiar with the sensitive commercial and finan-cial information contained in Exhibit A and I am authorized to speak to Great Bay's practice of maintaining such information confidential as well as to the harm that would befall Great Bay if it were publicly disclosed.
5.
Exhibit A to Great Bay's June 16,1997 communication shows and com-pares Great Bay's wholesale price projections for the calendar years 1998 through 2001 with other sources of wholesale power in the Now England area. Great Bay holds in confidence such projected wholesale price information. Great Bay does not disclose this type of information to the public and it is not available from public sources. This in-formation is comrnercially sensitive to the conduct of Great Bay's sale of power. If the information contained in Exhibit A became available to Great Bay's competitors or cus-tomers (both current and potential), those parties would learn of sensitive pricing 1
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,information which could be used against Great Bay in the negotiation of current and fu.
turo power sales. Such a result would place Great Bay at a significant competitive dis-advantage in the negotlo;ons of current and future power salos and cause it substantial commercial harm G.
Accordingly, Great Bay requests that the information contained in Exhibit A to the letter dated June 16,1997 from its attorneys, Shaw Pittman Potts & Trow-bridge, be held in confidence by the Commission pursuant to 10 C.F.R. 9 2.790 and not be made available for public disclosure.
/
Frank W. Getman Jr.
ph Sworn to before me this 1 Y ' day of September 1997
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