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| | issue date = 07/28/2015 | | | issue date = 07/28/2015 |
| | title = Request for Withholding Information from Public Disclosure (TAC No. MF6412) (L-15-195) | | | title = Request for Withholding Information from Public Disclosure (TAC No. MF6412) (L-15-195) |
| | author name = Green K J | | | author name = Green K |
| | author affiliation = NRC/NRR/DORL/LPLIII-1 | | | author affiliation = NRC/NRR/DORL/LPLIII-1 |
| | addressee name = Harkness E J | | | addressee name = Harkness E |
| | addressee affiliation = FirstEnergy Nuclear Operating Co | | | addressee affiliation = FirstEnergy Nuclear Operating Co |
| | docket = 05000440 | | | docket = 05000440 |
| | license number = NPF-058 | | | license number = NPF-058 |
| | contact person = Green K J | | | contact person = Green K |
| | case reference number = L-15-195, TAC MF6412 | | | case reference number = L-15-195, TAC MF6412 |
| | document type = Letter, Proprietary Information Review | | | document type = Letter, Proprietary Information Review |
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| =Text= | | =Text= |
| {{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Ernest J. Harkness Site Vice President July 28, 2015 FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097 | | {{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 28, 2015 Mr. Ernest J. Harkness Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097 |
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| ==SUBJECT:== | | ==SUBJECT:== |
| PERRY NUCLEAR POWER PLANT -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF6412) (L-15-195) | | PERRY NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF6412) (L-15-195) |
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| ==Dear Mr. Harkness:== | | ==Dear Mr. Harkness:== |
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| By letter dated June 30, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 15181A365}, FirstEnergy Nuclear Operating Company (FENOC) submitted an affidavit dated June 30, 2015, executed by Paul Harden, Senior Vice President and Chief Operating Officer, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390: Exhibit G (Proprietary Version) FirstEnergy Nuclear Generation, LLC, Pro Forma Income Statements A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC library in ADAMS. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: a. This information is and has been held in confidence by FENOC and its affiliates. | | By letter dated June 30, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15181A365}, FirstEnergy Nuclear Operating Company (FENOC) submitted an affidavit dated June 30, 2015, executed by Paul Harden, Senior Vice President and Chief Operating Officer, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390: |
| | Exhibit G (Proprietary Version) FirstEnergy Nuclear Generation, LLC, Pro Forma Income Statements A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC library in ADAMS. |
| | The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: |
| | : a. This information is and has been held in confidence by FENOC and its affiliates. |
| : b. This information is of a type that is held in confidence by FENOC and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning FENOC's affiliates' anticipated revenues and operating expenses. | | : b. This information is of a type that is held in confidence by FENOC and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning FENOC's affiliates' anticipated revenues and operating expenses. |
| : c. This information is being transmitted to the NRC in confidence. | | : 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 other publicly available information. | | : d. This information is not available in public sources and could not be gathered readily from other publicly available information. |
| : e. Public disclosure of this information would create substantial harm to the competitive position of FENOC by disclosing its internal financial pro forma statements and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of FENOC. | | : e. Public disclosure of this information would create substantial harm to the competitive position of FENOC by disclosing its internal financial pro forma statements and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of FENOC. |
| E. Harkness We have reviewed the 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 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. | | E. Harkness We have reviewed the 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. |
| 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. | | Therefore, the 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. |
| 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. | | 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. |
| 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 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 301-415-1627. | | If you have any questions regarding this matter, I may be reached at 301-415-1627. |
| Docket No. 50-440 cc: Mr. Paul A. Harden Sincerely, fo Kimberly J. Green, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Senior Vice President and Chief Operating Officer FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant 76 South Main Street Akron, OH 44308 Distribution via Listserv E. Harkness We have reviewed the 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.
| | Sincerely, fo |
| Therefore, the 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.
| | ...s,~-=-=---- |
| 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.
| | Kimberly J. Green, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440 cc: Mr. Paul A. Harden Senior Vice President and Chief Operating Officer FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant 76 South Main Street Akron, OH 44308 Distribution via Listserv |
| 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 301-415-1627.
| | ML15204A351 OFFICE NRR/DORL/LPL3-1 NRR/DORL/LPL3-1 /PM NRR/DORL/LPL3-1 /LA NAME SGoetz KGreen ( SRohrer for) MHenderson DATE 7/24/2015 7/24/2015 7/23/2015 OFFICE NRR/DIRS/IFIB NRR/DORL/LPL3-1/BC NRR/DORL/LPL3-1/PM NAME (MDusaniwskyj for) ABowers DPelton ( TBe/tz for) KGreen DATE 7/24/2015 7/27/2015 7/28/2015}} |
| Docket No. 50-440 cc: Mr. Paul A. Harden Sincerely, IRA TBe/tz for/ Kimberly J. Green, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Senior Vice President and Chief Operating Officer FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant 76 South Main Street Akron, OH 44308 Distribution via Listserv DISTRIBUTION: | |
| PUBLIC LPL3-1 R/F RidsNrrDorlDpr Resource RidsAcrsAcnw_MailCTR RidsNrrDssStsb Resource RidsNrrPMPerry Resource RidsNrrLASRohrer Resource ADAMS Accession No.: ML 15204A351 RidsNrrDorllpl3-1 Resource RidsRgn3MailCenter Resource RidsNrrDirslfib Resource OFFICE NRR/DORL/LPL3-1 NRR/DORL/LPL3-1
| |
| /PM NRR/DORL/LPL3-1 | |
| /LA NAME SGoetz KGreen ( SRohrer for) MHenderson DATE 7/24/2015 7/24/2015 7/23/2015 OFFICE NRR/DIRS/IFIB NRR/DORL/LPL3-1/BC NRR/DORL/LPL3-1/PM NAME (MDusaniwskyj for) ABowers DPelton ( TBe/tz for) KGreen DATE 7/24/2015 7/27/2015 7/28/2015 OFFICIAL RECORD COPY}} | |
Letter Sequence Withholding Request Acceptance |
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MONTHYEARL-15-195, Application for Order Consenting to Transfer of Licenses and Approving Conforming License Amendments2015-06-30030 June 2015 Application for Order Consenting to Transfer of Licenses and Approving Conforming License Amendments Project stage: Request ML15204A3512015-07-28028 July 2015 Request for Withholding Information from Public Disclosure (TAC No. MF6412) (L-15-195) Project stage: Withholding Request Acceptance ML15210A3682015-08-0404 August 2015 Acceptance Review of Application to Transfer of Control of License and Conforming License Amendment Project stage: Acceptance Review ML15219A2562015-08-26026 August 2015 Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, Opportunity for a Hearing, and Order (TAC No. MF6412) (L-15-195) Project stage: Other ML15219A2712015-09-0808 September 2015 Federal Register Notice for Application for Direct Transfer of License, Opportunity to Comment, Request a Hearing and Petition for Leave to Intervene (TAC No. MF6412) (L-15-195) Project stage: Other ML15261A7692015-09-22022 September 2015 Correction to Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, Opportunity for a Hearing, and Order (TAC No. MF6412) (L-15-195) Project stage: Other NRC-2015-0212, Correction to Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, Opportunity for a Hearing, and Order (TAC No. MF6412) (L-15-195)2015-09-22022 September 2015 Correction to Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment, Opportunity for a Hearing, and Order (TAC No. MF6412) (L-15-195) Project stage: Other ML15261A6852015-09-23023 September 2015 Consideration of Approval of Transfer of License and Conforming Amendment; Correction Project stage: Request ML15351A0312015-12-18018 December 2015 Request for Additional Information Related to Application for Transfer of Control of License and Conforming License Amendment (CAC No. MF6412)(L-15-195) Project stage: RAI L-16-005, Response to Request for Additional Information and Submittal of Supplemental Financial Information Related to Application for Transfer of License and Conforming License Amendment2016-01-18018 January 2016 Response to Request for Additional Information and Submittal of Supplemental Financial Information Related to Application for Transfer of License and Conforming License Amendment Project stage: Supplement L-16-171, Required Notification of Receipt of All Required Regulatory Approvals of the Proposed Transfer Actions and Documentary Evidence of Required Insurance2016-05-27027 May 2016 Required Notification of Receipt of All Required Regulatory Approvals of the Proposed Transfer Actions and Documentary Evidence of Required Insurance Project stage: Other 2015-08-04
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[Table view] |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 28, 2015 Mr. Ernest J. Harkness Site Vice President FirstEnergy Nuclear Operating Company Mail Stop A-PY-A290 P.O. Box 97, 10 Center Road Perry, OH 44081-0097
SUBJECT:
PERRY NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF6412) (L-15-195)
Dear Mr. Harkness:
By letter dated June 30, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15181A365}, FirstEnergy Nuclear Operating Company (FENOC) submitted an affidavit dated June 30, 2015, executed by Paul Harden, Senior Vice President and Chief Operating Officer, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390:
Exhibit G (Proprietary Version) FirstEnergy Nuclear Generation, LLC, Pro Forma Income Statements A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC library in ADAMS.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- a. This information is and has been held in confidence by FENOC and its affiliates.
- b. This information is of a type that is held in confidence by FENOC and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning FENOC's affiliates' 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 other publicly available information.
- e. Public disclosure of this information would create substantial harm to the competitive position of FENOC by disclosing its internal financial pro forma statements and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of FENOC.
E. Harkness We have reviewed the 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 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 301-415-1627.
Sincerely, fo
...s,~-=-=----
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Kimberly J. Green, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-440 cc: Mr. Paul A. Harden Senior Vice President and Chief Operating Officer FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant 76 South Main Street Akron, OH 44308 Distribution via Listserv
ML15204A351 OFFICE NRR/DORL/LPL3-1 NRR/DORL/LPL3-1 /PM NRR/DORL/LPL3-1 /LA NAME SGoetz KGreen ( SRohrer for) MHenderson DATE 7/24/2015 7/24/2015 7/23/2015 OFFICE NRR/DIRS/IFIB NRR/DORL/LPL3-1/BC NRR/DORL/LPL3-1/PM NAME (MDusaniwskyj for) ABowers DPelton ( TBe/tz for) KGreen DATE 7/24/2015 7/27/2015 7/28/2015