ML20212J265
| ML20212J265 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 06/17/1999 |
| From: | Harrison J NRC (Affiliation Not Assigned) |
| To: | Charnoff G SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| TAC-MA3842, NUDOCS 9906290088 | |
| Download: ML20212J265 (5) | |
Text
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1 UNITED STATI S g
j NUCLEAR REGULATORY COMMISSION o
WASHINGTON, D.C. 20555-0001 k
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June 17, 1999 Gerald Charnoff, 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. Charnoff:
By your letter dated March 8,1999, and affidavit dated March 5,1999, executed by Mr. Frank W. Getman, Jr. you submitted updated financial data for BayCorp Holdings, Ltd. (Exhibits 1,2, and 3) and requested that the commercial and financial information contained in these exh; bits j
be withheld from public disclosuie pursuant to 10 CFR 2.790. A nonproprietary version of Exhibits 1,2, and 3 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 information in Exhibits 1,2, and 3 is information of the typo customarily held in ?
confidence by BayCorp and its subsidiaried and that BayCorp and its subsidiaries do not disclose this type of information to the public and it is not available from public sources.
2.
The type of information in Exhibits 1,2, and 3 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 Exhibits 1,2, and 3 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 cucrent and future power
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sales and cause BayCorp and its subsidiaries substantial com nercial harm.
J We have reviewed your request and the material in accordance with the requirements of 10 l
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.
Thereforo, the unredacted version of the submitted information marked as confidential will be
'Ql withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the k
Atomic Energy Act of 1954, as amended.
agememy gy, 9906290008 990617 PDR ADOCK 05000443 P
PDR I
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- s G. Charnoff !
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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.
1 If the basis for withholding this informatiori 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 determnation 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.
l If you have any questions regarding this matter, ! may be reached at (301) 415-3199.
l Sincerely,
{
ohn Harrison, Project Manager, Section 2 Project Directorate i Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-443
)
cc: See next page i
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L
. Saabrook Station, Unit No.1 cc:
Lillian M. Cuoco, Esq.
Mr. Peter LaPorte, Director Senior Nuclear Counsel ATTN: James Muckerheide Northeast Utilities, Service Company Massachusetts Emergency Management P.O. Box 270 Agency Hartford, CT 06141-0270 400 Worcester Road P.O. Box 1496 l
l 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 Re0ulatory Commissio-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 l
Washington, DC 20426 Mr. Roy E. Hickok Nuclear Training Manager Town of Exeter Seabrook Station 10 Front Street -
North Atlantic Energy Serv!ce 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 20th Floor Boston, MA 02108 Mr. W. A. DiProfio Station Director Board of Selectroen Seabrook Station Town of Amesbury North Atlantic Energy Service Corporation Town Hall '
P.O. Box 300 Amesbury, MA 01913 Seabrook, NH 03874 Mr. Dan McElhinney Mr. Frank W. Getman, Jr.
Federal Emergency Managemen:.gency 20 Intemational Drive Region i Suite 301 J.W. McCormack P.O. &
Portsmouth, NH 03801-6809 Courthouse Building, Room 401 Boston, MA 02109
-s Mr. B. D. Kenyon President - Nuclear Group Northeast Utilities Service Group P.O. Box 128 Waterford, CT 06385 Mr. Ted C.' Felgenbaum -
Executive Vice President and Chief Nuclear Officer Seabrool: Station North Atlantic Energy Service Corporation c/o James M. Peschel P.O. Box 300 Seabrook, NH 03874 Mr. David E. Carriere i
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 4
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n G. Charnoff 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 inforrnation, 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 determ;.sation 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, ORIGINAL SIGNED BY:
John Harrison, Project Manager, Section 2 Project Directorate i Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See next page DISTRIBUTION:
Docket File J. Harrison M. Dusaniwsky PUBLIC E. Adensam (EGA1) PDI-2 r/f M. P. Siemien, OGC J. Clifford B. Zaleman C. Anderson, RI R. Wood DOCUMENT NAME: G:\\PDI-2\\Seabrook\\ PRO 38428.WPD OFFICE PDl-2/PM PDI-2/LA
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