ML20216H043
| ML20216H043 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 04/16/1998 |
| From: | Casey Smith NRC (Affiliation Not Assigned) |
| To: | Charnoff G AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| TAC-MA0851, TAC-MA851, NUDOCS 9804210026 | |
| Download: ML20216H043 (4) | |
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k UNITED STATES g
j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. Samma a,mq
%.....,o April 16,1998 Mr. Gerald Chamoff Counsel for Great Bay Power Corporation Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, DC 20037-1128
SUBJECT:
GREAT BAY POWER CORPORATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MA0851),
Dear Mr. Chamoff:
j By your letters dated March 31,1998 and April 13,1998, containing an affidavit dated April 10,1998, executed by Frank W. Getman, Jr., of Great Bay Power Corp., you submitted a Response to Request for Additional Information - Great Bay Power Corporation's Request to Provide Reasonable Assurance of Decommissioning Funds Through Accelerated Trust Fund Contributions and requested that it be withheld from public disclosure, pursuant to 10 CF?
2.790.
In the affidavit, Mr. Frank W. Getman, Jr., Vice President and Chief Operating Officer for Great Bay Power Corporation (Great Bay), stated that the submitted information was developed and owned by Great Bay and should be considered exempt from mandatory public disciemre for j
the following reasons:
Great Bay's resronse attached at Tab A to this affidavit contains cash flow, balance sheet, and income statement projections reflecthg Great Bay's budget and forecast of revenues from the sale of electricity, and cash outlays for the cost of generating electricity, for the years 1998 through 2002. Great Bay's response also contains assumptions conceming Great Bay's price for short term
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sales of electricity and the capacity factors for Seabrook [Seabrook Station), on which these projections are based. This information, consisting of revenue, cash flow, sales price and similar type projections, is information of the type
, customarily held in confidence by Great Bay, and this information is so held.
' Great Bay does not disclose this type of information to the public and it is not available from public sources. The rational basis for not disclosing this type of information is that the information is commercially sensitive to the conduct of Great Bay's sale of power and its disclosure to competitors and customers could cause Great Bay substantial competitive harm. If the information contained in Great Bay's response (behind Tab A to this affidavit) became available to Great Bay's competitors or customers (both current and potential), those parties would leam of sensitive pricing and cost information which could be used against Great
\\G Bay in the negotiation of current and future power sales. Such a result would N
f,O place Great Bay at a significant competitive disadvantage in the negotiations of
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current and future power sales and cause it substantial commercial harm.
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North Atlantic Energy Service Corporation Seabrook Station, Unit No.1 cc:
Lillian M. Cuoco Esq.
Mr. Dan McElhinney Senior Nuclear Counsel Federal Emergency Management Agency Northeast Utilities Service Company Region I
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P.O. Box 270 J.W. McCormack P.O. &
Hartford, CT 06141-0270 Courthouse Building, Room 401 Boston, MA 02109 Mr. Peter Brann Assistant Attomey General Mr. Peter LaPorte, Director State House, Station #6 ATTN: James Muckerheide Augusta, ME 04333 Massachusetts Emergency Management Agency Resident inspector 400 Worcester Road U.S. Nuclear Regulatory Commission P.O. Box 1496 Seabrook Nuclear Power Station Framingham, MA 01701-0317 l
P.O. Box 114g Seabrook, NH 03874 Jeffrey Howard, Attomey General G. Dana Bisbee, Deputy Attomey Jane Spector General I
Federal Energy Regulatory Commission 33 Capitol Street 825 North Capital Street, N.E.
Concord, NH 03301 Room 8105 Washington, DC 20426 Mr. Woodbury Fogg, Director New Hampshire Office of Emergency Town of Exeter Management 10 Front Street State Office Park South Exeter, NH 03823 107 Pleasant Street Concord, NH 03301 Mr. George L. lverson, D; rector New Hampshire Office of Emergency Mr. Roy E. Hickok Management Nuclear Training Manager State Office Park South Seabrook Station 107 Pleasant Street North Atlantic Energy Service Corp.
Concord, NH 03301 P.O. Box 300 Seabrook, NH 03874 Regional Administrator, Region i U.S. Nuclear Reculatory Commission Mr. Terry L. Harpster 475 Allendale Road Director of Ucensing Services King of Prussia, PA 19406 Seabrook Station North Atlantic Energy Service Corp.
Office of the Attomey General P.O. Box 300 One Ashburton Place Seabrook, NH 03874 20th Floor Boston, MA 02108 Mr. D. M. Goebel Vice President-Nuclear Oversight Board of Selectmen Northeast Utilities Service Company Town of Amesbury P.O. Box 270 Town Hall Hartford, CT 06141-0270 Amesbury, MA 01g13
- G. Ch:moff..
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Great Bay Power Corporation's statements, have determined that the information sought to be withheld contains proprietary commercial information.
Therefore, the version of the submitted information marked as proprietary 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.
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 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 such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if tha 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.
Sincerely, Original signed:by Craig W. Smith, Project Manager l
Project Directorate 1-3 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See next page DISTRIBUTION:
& Docket File -
PUBLIC PDI-3 r/f JZwolinski CSmith TClark MPSiemen, OGC CHehl, RI DOCUMENT NAME: G:\\ SMITH \\GRTBAY.PRP To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with cttrchment/ enclosure "N" = No copy OFFICE PDI-3/PlVJe/j PDI-3/LA, n n lE. OGC c
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NAME CSmit)(7f TClark ( // )O MPSiemen GYV 56tp@ad DATE 04/NM8 04//1//98 04// 9 98 54///,/98 OFFICIAL RECORD COPY
,, Mr. W. A. DiProfio Station Director Seabrook Station North Atlantic Energy Service Corporation
- P.O. Box 300 Seabrook, NH 03874 Mr. Frank W. Getman, Jr.
Great Bay Power Corporation Cocheco Falls Millworks 100 Main Street, Suite 201 Dover, NH 03820 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 Chief Nuclear Officer Seabrook Station North Atlantic Energy Service Corporation c/o Terry L. Harpster P.O. Box 300 Seabrook, NH 03874 Mr. David E. Carriere Director, Productioni Services Canal Electric Company 2421 Cranberry Highway Wareham, MA 02571
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