ST-HL-AE-2312, Advises That Info Provided in Doe/Nrc Forms 741 & 742 Should Be Withheld from Public Disclosure for Listed Reasons & Info Classified as Defined in 10CFR73.21,per NRC 870619 Request

Advises That Info Provided in Doe/Nrc Forms 741 & 742 Should Be Withheld from Public Disclosure for Listed Reasons & Info Classified as Defined in 10CFR73.21,per NRC 870619 Request

ML20236G438
Person / Time
Site:	South Texas
Issue date:	07/23/1987
From:	Wisenburg M HOUSTON LIGHTING & POWER CO.
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
References
ST-HL-AE-2312, NUDOCS 8708040262
Download: ML20236G438 (3)

Text

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TheLight Company n-,n u mo r- s e.a nox i;oo amon.nxaa;ooi gisms.wii July 23, 1987 ST-HL-AE-2312 File No.. G18/G22/R17 10CFR70 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555 South Texas Project Units 1 and 2 Docket Nos. STN 50-498, STN 50-499 Response to Freedom of Information Act Request By letter dated June 19, 1987, the NRC requested information: (1) to assist in determining whether DOE /NRC Forms 741 and 742 or information contained in the forms fall within Exemption 4 of the Freedom of Information Act (FOIA) (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4); and (2) if the information provided in either of those forms has been classified pursuant to an executive order or is considered unclassified safeguards information as defined in 10 CFR 73.21.

The position of Houston Lighting & Power Company (HL&P) is that infor: nation provided in DOE /NRC Forms 741 and 742 should be withheld from public disclosure. In support of this contention, HL&P provides the following:

1) HL&P transmits DOE /NRC Forms 741 and 742 to the Department of Energy via Martin Marietta Energy Systems, Inc. The information has been held in confidence by HL&P and, to the best of HL&P's knowledge, by the other owners of the South Texas Project and the other parties to the contracts involved.

2) To the best of our knowledge, the information provided in DOE /NRC Forms 741 and 742 is not currently available from public sources.

3) Information furnished by HL&P and its suppliers concerning pricing, quantities, inventories, and schedules for delivery or processing of reactor fuel are so inextricably intertwined with one another that public disclosure in a meaningful manner of any such information l results in the disclosure of trade secrets, commercial information, or financial information that is considered confidential.

t 8700040262 070723 PDR ADOCK 05000498 p PDR L3/NRC/fg O g y,C. N M % # 33

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. ' Houston Lighting & Power Company.

ST.HL-AE-2312

-File No.: G18/G22/R17 Page 2 HLAP believes that information dealing with quantities and sources r,

of reactor fuel under contract or held in inventory, the arrangements and schedules for delivery and processing of such fuel,

-the prices for the fuel and its processing, and tha contractual options of the contracting parties are customarily held in confidence by the. persons to whom such information pertains. These persons are involved in negotiations for the sale and purchase of reactor fuel and of services for the processing of that fuel in a competitive.and volatile. market. Disclosure of this type of information is likely to cause substantial harm to the competitive position of the persons to whom it pertains. Public dissemination of'this information can provide an unfair competitive advantage to other entities engaged in negotiations for tiui sale, purchase, and processing of reactor fuel.

4)- Disclosure of information with respect to the purchase and sale of reactor fuel, schedules for the delivery of same, amounts of inventory and arrangements and schedules for processinglof that fuel, including information of that nature found in DOE /NRC Forms 741 and 742, has the potential for placing HL&P, which provides electric-power to the public in its service area at rates based upon its cost of service, at a competitive disadvantage. Accordingly, disclosure of such information would be contrary to the public interest. Therefore, HL&P requests that the information contained

'in DOE /NRC Forms 741 and 742 not be released under the FOIA.

HL&P has no knowledge that any information contained in DOE /NRC Forms 741 and 742, which it has filed through this date, has been classified pursuant to 1

Lan. executive order,'nor do these forms include safeguards information-as defined in 10 CFR 73.21.

Should this request be denied, HL&P explicitly requests that it be notified in' advance of public disclosure contemplated by the NRC.

If you should have any questions on this mat r, please contact Mr.

P. L. Valker at (512) 972-8420.

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M. R. W senburg Manager Engineeri & Lie sing PLW/ljm L3/NRC/fg

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Houston Lighting & Power Company

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ST-HL-AE-2312  !

m* . File No.: G18/G22/R17 Page.3

-cc:

. Regional-Administrator, Region'IV M.B; Leap .Malaski.

' Nuclear Regulatory Commission City of Aunin 611 Ryan Plaza Drive, Suite 1000 P.O. Box 1088 Arlington,.TX. 76011 Austin, TX 78767-8814

- N. Prasad Kadambi, Proj ect Manager ' A. von Rosenberg/M.T. Hardt U.S. Nuclear Regulatory Commission City Public Service Board-

^7920 Norfolk Avenue' P.O. Box 1771 Bethesda, MD- 20814 San Antonio, TX 78296 Robert L. Perch, Project Manager

~

Advisory Committee on Reactor Safeguards U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue 1717 H Street

-Bethesda,;MD 20814 Washington, DC 20555 Dan R. Carpenter-

• Charles E. MacDonald, Chief Senior Resident Inspector / Operations Transportation Branch

.c/o'.U.S. Nuclear Regulatory. Division of Safeguards and

. Commission-Transportation P.O. Box 910 U.S. Nuclear. Regulatory Commission

' Bay City, TX' 77414 Washington, DC 20555'

.Claude E. Johnson Senior Resident Inspector / Construction c/o U.S. Nuclear Regulatory Commission ~

P.O. Box 910 Bay City, TX L77414 M.D.:Schwarz, Jr., Esquire Baker & Botts One Shell-Plaza Houston, TX, 77002

..J.R..Newman, Esquire Newman;& Holtzinger, P.C.

1615 L Street, N.W.

Washington, DC 20036 R.L. Range /R. P. Verret Central Power & Light Company P.<0. Box 2121 y Corpus Christi, TX 78403

'I Revised 6/23/87 '

• Addition to cc list q

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