ML23124A174
| ML23124A174 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley, Davis Besse, Perry, 07201043, 07200069 |
| Issue date: | 05/17/2023 |
| From: | Robert Kuntz Plant Licensing Branch III |
| To: | Hamilton D, Peters K Energy Harbor Nuclear Corp, Vistra Operations Company |
| Kuntz, RF | |
| References | |
| EPID L-2023-LLL-0003 | |
| Download: ML23124A174 (1) | |
Text
May 17, 2023 Mr. Ken J. Peters Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Vistra Operations Company LLC Comanche Peak Nuclear Power Plant 6322 N FM 56 P.O. Box 1002 Glen Rose, TX 76043 Mr. David B. Hamilton Executive Vice President and Chief Nuclear Officer Energy Harbor Nuclear Corp.
168 E. Market Street Akron, OH 44308-2014
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COMMANCE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2, BEAVER VALLEY POWER STATION, UNITS. 1 AND 2, DAVIS BESSE NUCLEAR POWER STATION, UNIT. 1, AND PERRY NUCLEAR POWER PLANT, UNIT 1 (EPID L-2023-LLL-0003)
Dear Mr. Peters and Mr. Hamilton:
By letter dated April 20, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23110A788), you submitted an affidavit dated April 19, 2023, executed by Stephanie Zapata Moore, Executive Vice President, General Counsel and Chief Compliance Officer, Vistra Operations Company LLC (VistraOps), and you requested that the information contained in the following documents be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):
Vistra Operations Company LLC and Comanche Peak Power Company LLC Financial Pro Formas Energy Harbor Nuclear Generation LLC Financial Pro Formas Intracompany Agreements for Energy Harbor Facilities A nonproprietary copy of these documents has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS).
K. Peters and The affidavit submitted by VistraOps stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- a. They contain information that is held in confidence by Vistra and their affiliates.
- b. This information is of a type that is customarily held in confidence by Vistra and their affiliates and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning the Applicants' anticipated revenues and operating expenses.
- c. This information is being transmitted to the NRC in confidence.
- d. This information is not available in public sources and could not be gathered readily from publicly available information.
- e. Public disclosure of this information would create substantial financial harm to the competitive position of Vistra and their affiliates by disclosing their internal financial pro forma statements and commercial information to other parties whose commercial interests may be adverse to those of Vistra.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version(s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(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 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.
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 determination 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.
K. Peters and If you have any questions, please contact me at 301-415-3733 or via e-mail at Robert.Kuntz@nrc.gov.
Sincerely,
/RA/
Robert F. Kuntz, Senior Project Manager Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445, 50-446, 50-334, 50-412, 50-346, and 50-440 cc: Listserv
ML23124A174 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NMSS/REFS/FAB NAME RKuntz SRohrer FMiller DATE 5/4/23 5/4/23 5/17/23 OFFICE NRR/DORL/LPL3/BC NRR/DORL/LPL3/PM NAME VSreenivas RKuntz DATE 5/17/23 5/17/23