RA-09-004, Submittal of Evidence of Guarantee of Payment of Deferred Premiums

Submittal of Evidence of Guarantee of Payment of Deferred Premiums

ML091190311
Person / Time
Site:	Harris, Brunswick, Crystal River, Robinson
Issue date:	04/23/2009
From:	Mccabe B Progress Energy Carolinas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
RA-09-004
Download: ML091190311 (8)

Text

'10 CFR 140.21(e)

Progress Energy Confidential Financial Information PO Box 1551 Submitted Under 10 CFR 2.390 411 Fayetteville Street Mall Raleigh NC 27602 Serial: RA-09-004 April 23, 2009 United States Nuclear Regulatory Commission ATTENTION: Document Control Desk Washington, DC 20555-0001 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2 DOCKET NOS. 50-325 AND 50-324 / LICENSE NOS. DPR-71 AND DPR-62 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT DOCKET NO. 50-302 / LICENSE NO. DPR-72 SHEARON HARRIS NUCLEAR POWER PLANT, UNIT NO. 1 DOCKET NO. 50-400 / LICENSE NO. NPF-63 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261 / LICENSE NO. DPR-23 EVIDENCE OF GUARANTEE OF PAYMENT OF DEFERRED PREMIUMS Ladies and Gentlemen:

Pursuant to 10 CFR 140.21(e), enclosed are 2008 actual and 2009 projected cash flow statements as evidence of guarantee of payment of deferred premiums for the above listed plants belonging to Carolina Power & Light Company, now doing business as Progress Energy Carolinas, Inc., and Florida Power Corporation, now doing business as Progress Energy Florida, Inc. provides evidence of guarantee of payment of deferred premiums for the principal owner-licensee and other owners-licensees of the Brunswick Steam Electric Plant, Unit Nos. 1 and 2; Shearon Harris Nuclear Power Plant, Unit No. 1; H. B. Robinson Steam Electric Plant, Unit No.

2; and Crystal River Unit 3 Nuclear Generating Plant. contains information confidential to Progress Energy. Progress Energy requests that the content of Enclosure 1 be withheld from public disclosure in accordance with 10 CFR 2.390(a)(4). An affidavit supporting the 10 CFR 2.390(a)(4) request is contained in Enclosure 2. A non-confidential version of the projected internal cash flows is contained in Enclosure 3.

This document contains no new regulatory commitment.

If you have additional questions, please call me at (919) 546-4579.

Sincerely, Brian McCabe Manager - Nuclear Regulatory Affairs

/L 00/

United States Nuclear Regulatory Commission RA-09-004 Page 2 DBM Enclosures (3) c: Eric Leeds, Director - Office of Nuclear Reactor Regulation Luis Reyes, USNRC Regional Administrator - Region II USNRC Resident Inspector - BSEP, Unit Nos. 1 and 2 USNRC Resident Inspector - CR3 USNRC Resident Inspector - SHNPP, Unit No. 1 USNRC Resident Inspector - HBRSEP, Unit No. 2 F. Saba, NRR Project Manager - BSEP, Unit Nos. 1 and 2; CR3 M. Vaaler, NRR Project Manager - SHNPP, Unit No. 1; HBRSEP, Unit No. 2

United States Nuclear Regulatory Commission RA-09-004 ENCLOSURE 2 AFFIDAVIT REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

United States Nuclear Regulatory Commission RA-09-004 Page 1 of2 REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE UNITED STATES NUCLEAR REGULATORY COMMISSION I

PROGRESS ENERGY BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. 1 AND 2 DOCKET NOS. 50-325 50-324 CRYSTAL RIVER UNIT 3 NUCLEAR GENERATING PLANT DOCKET NO. 50-302 SHEARON HARRIS NUCLEAR POWER PLANT, UNIT NO. I DOCKET NO. 50-400 H. B. ROBINSON STEAM ELECTRIC PLANT, UNIT NO. 2 DOCKET NO. 50-261 Progress Energy hereby requests that Enclosure I to letter RA-09-004 entitled "Evidence of Guarantee of Payment of Deferred Premiums" be withheld from public disclosure due to its proprietary nature. The details of this request are provided in the following affidavit:

AFFIDAVIT I, Thomas R. Sullivan, Treasurer of Progress Energy, do hereby affirm and state as follows:

I. I am an officer of Progress Energy, authorized to execute this affidavit on its behalf. I am further authorized to review information submitted to the Nuclear Regulatory Commission (NRC) and apply for the withholding of information from disclosure.

2. The information sought to be withheld consists of portions of the 2009 Internal Cash Flow Projection that is included in Enclosure 1 to Progress Energy's letter RA-09-004 to the NRC entitled "Evidence of Guarantee of Payment of Deferred Premiums". Enclosure 1, a two page document, has the words "Proprietary Information" on the top and bottom of the pages.

3. Progress Energy is providing information pursuant to 10 CFR 140.2 1(e), which constitutes proprietary financial information that should be held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4), because:

i. This information has been held in confidence by Progress Energy.

ii. This information is of a type that is held in confidence by Progress Energy and there is rational basis for doing so because the information contains sensitive financial information concerning Progress Energy net income and internal cash flow.

iii. This information is being transmitted to the NRC in confidence.

iv. This information is not available in public sources and could not be gathered readily from other publicly available information.

v. Public disclosure of this information would create substantial harm to the competitive position of Progress Energy by disclosing Progress Energy's internal financial projections to other parties whose commercial interests may be adverse to those of Progress Energy.

4. Accordingly, Progress Energy requests that the designated documents be withheld from public disclosure pursuant to the policy reflected in 10 CFR 2.390(a)(4).

United States Nuclear Regulatory Commission RA-09-004 Page 2 of 2 This letter contains no restricted or other defense information.

PROGRESS ENERGY Thomas R. Sullivan Treasurer  %

kJ C.

United States Nuclear Regulatory Commission RA-09-004 Non-Confidential Financial Information ENCLOSURE 3 Evidence of Guarantee of Payment of Deferred Premiums Brunswick Steam Electric Plant, Unit Nos. 1 and 2; Shearon Harris Nuclear Power Plant, Unit No. 1; H. B. Robinson Steam Electric Plant, Unit No. 2; and Crystal River Unit 3 Nuclear Generating Plant Non-Confidential Financial Information

United States Nuclear Regulatory Commission RA-09-004 Page 1 of 2 NON-PROPRIETARY INFORMATION Carolina Power & Light 2009 Internal Cash Flow Projection for H. B. Robinson, Unit 2; Brunswick Units 1 and 2; Shearon Harris, Unit 1 (Dollars in Millions)

Year Ended Year Ended December 31, 2008 December 31, 2009 Actual Projected Net Income After Taxes $ 534 Less Dividend Paid 0 Retained Earnings 534 Adjustments:

Depreciation and Amortization 616 Withheld from Deferred Income Taxes and public disclosure Investment Tax Credits 204 per Affidavit AFUDC (27)

Total Adjustments 793 Internal Cash Flow $ 1,327 Average Quarterly Cash Flow $ 332 Percentage Ownership in Robinson, Brunswick 1 & 2, and Harris plants 100%

• Maximum Total Contingent Liability $ 60

• Carolina Power & Light is the principal licensee as owner of 100%, 83.83% and 81.67% of the Robinson, Harris, and Brunswick nuclear units, respectively.

This certified cash flow statement is made as of March 23, 2009, and covers all of the owners of these units.

I do certify the above to be correct and accurate.

Thomas R. Sullivan Treasurer Prepared by: S. Green T:\CashMgmt\Compliance\[0 1-041 NRCCash Flow Projection_2009 3-13-09.xls]PEC08 NON-PROPRIETARY INFORMATION

United States Nuclear Regulatory Commission RA-09-004 Page 2 of 2 NON-PROPRIETARY INFORMATION Florida Power Corporation 2009 Internal Cash Flow Projection for Crystal River Unit 3 (Dollars in Millions)

Year Ended Year Ended December 31, 2008 December 31, 2009 Actual Projected Net Income After Taxes $ 385 Plus Contribution Received 0 Retained Earnings 385 Adjustments:

Depreciation and Amortization 320 Withheld from Deferred Income Taxes and public disclosure Investment Tax Credits 130 per Affidavit AFUDC (95)

Total Adjustments 355 Internal Cash Flow $ .740 Average Quarterly Cash Flow $ 185 Percentage Ownership in Crystal River Unit No. 3 100%

• Maximum Total Contingent Liability $ 15

• Florida Power Corporation is the principal licensee as owner of 91.8% of the unit.

This certified cash flow statement is made as of March 23, 2009, and covers all of the owners of this unit.

I do certify the above to be correct and accurate.

Thomas R. Sullivan Treasurer Prepared by: S. Green T:\CashMgmt\Compliance\[0 1-041 NRC Cash Flow Projection_2009 3-13-09.xls]PEF08 NON-PROPRIETARY INFORMATION