ML23198A053

Request for Withholding Information from Public Disclosure

ML23198A053
Person / Time
Site:	South Texas
Issue date:	07/24/2023
From:	Dennis Galvin Plant Licensing Branch IV
To:	Gerry Powell South Texas
Galvin D
References
EPID L-2023-LLM-0004
Download: ML23198A053 (1)

Text

July 24, 2023 Mr. G. T. Powell President and Chief Executive Officer STP Nuclear Operating Company P.O. Box 289 Wadsworth, TX 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2023-LLM-0004)

Dear Mr. Powell:

By letter dated June 12, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23163A176), Kimberly Harshaw of your staff submitted an affidavit dated June 9, 2023, executed by Michael A. Kramer of Constellation Energy Generation, LLC (CEG), and requested that the information contained in the following document (enclosure 5A of the letter dated June 12, 2023) be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Projected Income Statement for Constellation South Texas, LLC (Proprietary Version)

A nonproprietary copy of this document, contained in enclosure 5 of the letter dated June 12, 2023, has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS at Accession No. ML23163A176.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

3. Enclosure 5A contains confidential commercial information, the disclosure of which would adversely affect CEG.

4. This information has been held in confidence by CEG. To the extent that CEG has shared this information with others, it has done so on a confidential basis.

5. CEG customarily keeps such information in confidence, and there is a rational basis for holding such information in confidence. The information is not available from public sources and could not be gathered readily from other publicly available information.

6. Public disclosure of this information would cause substantial harm to CEG's business interests because such information has significant commercial value to CEG, and its disclosure could adversely affect other CEG transactions.

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.

G. Powell Therefore, the version 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.

If you have any questions regarding this matter, I may be reached at 301-415-6256 or by email at Dennis.Galvin@nrc.gov.

Sincerely,

/RA/

Dennis J. Galvin, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: Listserv

ML23198A053 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA* NMSS/REFS/FAB/BC*

NAME DGalvin PBlechman FMiller DATE 7/14/2023 7/17/2023 7/17/2023 OFFICE NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM NAME JDixon-Herrity DGalvin DATE 7/24/2023 7/24/2023