ML20217E248

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Discusses & 970910 Affidavit Which Requested That Exhibit a to Attachment a of NRC 970122 Exemption Be Withheld from Public Disclosure.Determined That Info Contains Trade Secrets & Will Be Withheld
ML20217E248
Person / Time
Site: Seabrook NextEra Energy icon.png
Issue date: 09/24/1997
From: De Agazio A
NRC (Affiliation Not Assigned)
To: Getman F
AFFILIATION NOT ASSIGNED
References
TAC-M98049, TAC-M99072, NUDOCS 9710060406
Download: ML20217E248 (4)


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UNITED STATES p

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NUCLEAR REGULATOnY COMMISSION O

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September 24, 1997

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Mr. Frank W. Getman Vice President and Chief Operating Officer Great Bay Power Corporation Cocheco Falls Millworks 100 Main Street, Suite 201 Dover, NH 03820

SUBJECT:

SEABROOK STATION, UNIT NO.1 REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. M98049 AND M99072)

Great Bay Power Corporation submitted additional information related to Great Bay's petition for par'111 reconsideration of the NRC's January 22,1997, exemption through its attorneys Shaw, Pitman, Potts & Trowbridge by letter dated June 16,1997. Attachment A to that letter included a request that Exhibit A to Attachment A be withheld from public disclosure pursuant to 10 CFR 2.790. However, the request was not supported by the required affidavit. Your affidavit dated September 5,1997, requesting that Exhibit A of the June 16 letter be withheld from public disclosure was submitted on your behalf through your attorneys on September 10,1997.

In that affidavit, you indicated that the information submitted should be considered exempt from mandatory public disclosure for the following reasons:

(1)

Great Bay holds in con lance pro')cted wholesale price information; (2)

The materialis of the type customarily held in confidence by Great Bay and is not customarily disclosed to the public; (3)

The information sought to be withheld from public disclosure is not available in public sources; and p

I (4)

The information is commercially sensitive, and if available to others could place

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Great Bay at a significant competitive disadvantage in future sales negotiations and cause substantial commercial harm.

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 trade secrets or proprietary commercial information.

Therefore, Exhibit A of Attachment A to your letter dated June 16,1997, 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, ju28snal8884ga N10 RLE CENgg gppy nnw

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North Atlantic Energy Service Corporation Seabrook Station, Unit No. I cc:

Lillian M. Cuoco, Esq.

Mr. Dan McE1hinney Senior Nuclear Counsel Federal Emergency Management Agency Northeast Ut111ttes Service Company Region !

P.O. Box 270 J.W.~ McCormack P.O. &

Hartford, CT 06141-0270 Courthouse Building, Room 401 Boston, MA 02109 Mr. Peter Brann Assistant Attorney 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 P.O. Box 1149 Seabrook, NH 03874 Jeffrey Howard Attorney General G. Dana Bisbee, Deputy Attorney Jane Spector General Federal Energy Regulatory Commission 33 Capitol Street 825 North Capital Street, N.E.

Concord, NH 03301 Room 8105 Washington, DC 20426 Mr. D. M. Goebel Vice President-Nuclear Oversight Town of Exeter Northeast Utilities Service Company 10 Front Street P. O. Box 270 Exeter, NH 03823 Hartford, CT 06141-0270 Mr. George L. Iverson, Director Mr. J. K. Thayer New Hampshire Office of Emergency Recovery Officer, Nuclear Engineering Management and Support State Office Park South Northeast Utilities Service Company 107 Pleasant Street P.O. Box 128 Concord, NH 03301 Waterford, CT 06385 Regional Administrator, Region !

Mr. F. C. Rothen U.S. Nuclear Regulatory Commission Vice President - Nuclear Work Services 475 Allendale Road Northeast Utilities Service Company King of Prussia, PA 19406 P.O. Box 128 Waterford, CT 06385 Office of the Attorney General One Ashburton Place 20th Floor Mr. A. M. Ca11endre11o Boston, MA 02108 Licensing Manager - Seabrook Station North Atlantic En rgy service Corp.

Board of Selectmen P.O. Box 300 Town of Amesbury Seabrook, NH 03874 Town Hall Amesbury, MA 01913

o North Atlantic Energy Service Corporation Seabrook Station, Unit No. 1 CCI Mr. W. A. DiProfio Nuclear Unit Director Seabrook Station North Atlantic Energy Service Corporation P.O. Box 300 Seabrook, NH 03874 Mr. Frank W. Getaan, Jr.

Cocheco Falls M111 works 100 Main Street, Suite 201 Dover, NH 03820 Mr. 8. D. Kenyon President - Nuclear Group Northeast Utilities Service Group P.O. Box 128 Waterford, CT 06385 Mr. B. L. Drawbridge Executive Director Services &

Senior Site Officer North Atlantic Energy Service Corp.

Seabrook, NH 03874 Mr. Ted C. Feigenbaum Executive Vice President and Chief Nuclear Officer North Atlantic Energy Service Corporation c.o Mr. Terry L. Harpster P.O. Box 300 Seabrook, NH 03874

,e Mr. Frank W. Getman 2-Witholding from public disclosure will not effect 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 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 notify the NRC promptly. You should also understand that the NRC may have cause to review this determination in the future, such as, 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.

Sincerely, Original signed by Albert W. Do Agazio, Sr. Project Manager Project Directorate 13 Division of Reactor Projects l/II Office of Nuclear Reactor Regulation Docket No. 50 443 Serial No. SEA 97 022 cc' See next page DISTRIBUTION

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