ML19121A479: Difference between revisions

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| issue date = 05/21/2019
| issue date = 05/21/2019
| title = FENOC-Beaver Valley Power Station, Units 1 and 2; Davis-Besse Nuclear Power Station Unit 1,and Perry Nuclear Power Plant Unit 1, Request for Withholding Information from Public Disclosure Regarding Application for Order Consenting
| title = FENOC-Beaver Valley Power Station, Units 1 and 2; Davis-Besse Nuclear Power Station Unit 1,and Perry Nuclear Power Plant Unit 1, Request for Withholding Information from Public Disclosure Regarding Application for Order Consenting
| author name = Vaidya B K
| author name = Vaidya B
| author affiliation = NRC/NRR/DORL/LPLIII
| author affiliation = NRC/NRR/DORL/LPLIII
| addressee name = Hamilton D B
| addressee name = Hamilton D
| addressee affiliation = FirstEnergy Nuclear Operating Co
| addressee affiliation = FirstEnergy Nuclear Operating Co
| docket = 05000334, 05000440, 07200014, 07200069, 07201043
| docket = 05000334, 05000440, 07200014, 07200069, 07201043
| license number = DPR-066, NPF-003, NPF-058, NPF-073
| license number = DPR-066, NPF-003, NPF-058, NPF-073
| contact person = Vaidya B K 415-3308
| contact person = Vaidya B 415-3308
| case reference number = EPID L-2019-LLM-0000
| case reference number = EPID L-2019-LLM-0000
| document type = Letter
| document type = Letter
Line 18: Line 18:


=Text=
=Text=
{{#Wiki_filter:Mr. David B. Hamilton UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , D.C. 20555-0001 May 21, 2019 Senior Vice President, Chief Operating Officer, and Chief Nuclear Officer FirstEnergy Nuclear Operating Company 341 White Pine Drive Akron, OH 44320  
{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 21, 2019 Mr. David B. Hamilton Senior Vice President, Chief Operating Officer, and Chief Nuclear Officer FirstEnergy Nuclear Operating Company 341 White Pine Drive Akron, OH 44320


==SUBJECT:==
==SUBJECT:==
FENOC FLEET-BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING APPLICATION FOR ORDER CONSENTING TO TRANSFER OF LICENSES AND CONFORMING LICENSE AMENDMENTS (EPID-L-2019-LLM-OOOO)  
FENOC FLEET- BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING APPLICATION FOR ORDER CONSENTING TO TRANSFER OF LICENSES AND CONFORMING LICENSE AMENDMENTS (EPID-L-2019-LLM-OOOO)


==Dear Mr. Hamilton:==
==Dear Mr. Hamilton:==


By letter dated April 26, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 19116A087), FirstEnergy Nuclear Operating Company (FENOC, the licensee) submitted an affidavit dated April 26, 2019, executed by Darifl M. Benyak, Vice President, Nuclear Support and Regulatory Affairs, FirstEnergy Corp., requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390 and 1 O CFR 9.17: Enclosure C, Unredacted Proprietary Exhibit H , "OwnerCo and Facility Pro Forma Income Statements" to the "Application for Order Consenting to Transfer of Licenses and Conforming License Amendments" for Beaver Valley Power Station , Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1, and their respective generally licensed independent spent fuel storage installation facilities (ISFSls) (Proprietary). (Part of ADAMS Accession No. ML 19116A088).
By letter dated April 26, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19116A087), FirstEnergy Nuclear Operating Company (FENOC, the licensee) submitted an affidavit dated April 26, 2019, executed by Darifl M. Benyak, Vice President, Nuclear Support and Regulatory Affairs, FirstEnergy Corp., requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390 and 10 CFR 9.17:
Enclosure C, Unredacted Proprietary Exhibit H, "OwnerCo and Facility Pro Forma Income Statements" to the "Application for Order Consenting to Transfer of Licenses and Conforming License Amendments" for Beaver Valley Power Station , Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1, and their respective generally licensed independent spent fuel storage installation facilities (ISFSls) (Proprietary). (Part of ADAMS Accession No. ML19116A088).
The following reasons were given in your affidavit for requesting our withholding of this information:
The following reasons were given in your affidavit for requesting our withholding of this information:
: 2. The Applicants are providing information in support of their "Application for Order Consenting to Transfer of Licenses and Conforming License Amendments." The proprietary version of Exhibit H being provided separately in Enclosure C of this submittal
: 2.     The Applicants are providing information in support of their "Application for Order Consenting to Transfer of Licenses and Conforming License Amendments." The proprietary version of Exhibit H being provided separately in Enclosure C of this submittal [letter dated April 26, 2019]
[letter dated April 26, 2019] contains financial information, including proforma income statements, related to anticipated revenues from sales of electricity and capacity from Beaver Valley Power Station, l,Jnit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1, as well as plant operating and maintenance costs. These documents constitute proprietary commercial and financial information that should be D. Hamilton held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 10 CFR 9.17(a)(4), because: a. This information is and has been held in confidence by the Applicants and their affiliates.
contains financial information, including proforma income statements, related to anticipated revenues from sales of electricity and capacity from Beaver Valley Power Station, l,Jnit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1, as well as plant operating and maintenance costs. These documents constitute proprietary commercial and financial information that should be
: b. This i nformation is of a type that is held in confidence by the Applicants and their affiliates , and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning Applicants
' anticipated cash flow. e. Public disclosure of this information would create substantial harm to the competitive position of the Applicants 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 the Applicants.
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, Enclosure C marked as propr i etary , 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. The non proprietary versions of the licensee submittal (Enclosure A, Exhibit H of the licensee's submittal ADAMS Accession No. ML 19116A087) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.
D. Hamilton If you have any questions regarding this matter, I may be reached at 301-415-3308.
Docket Nos. 50-334, 50-412, 50-346, and 50-440 cc: Mr. Frank R. Payne Sincerely, r,~,J~ J:F--Bhalchandra Vaidya, Project Manager Plant Licensing Branch Ill Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Acting Site Vice President-Perry FirstEnergy Nuclear Operating Company Perry Nuclear Power Station Mail Stop A-PY-A290 P.O. Box 97, SB306 Perry, OH 44081-0097 Mr. Mark Bezilla Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station c/o Davis-Besse NPS Mail Stop A-DB-3080 5501 North State, Route 2 Oak Harbor, OH 43449-9760 Mr. Richard D. Bologna Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SSB P.O. Box 4, Route 168 Shippingport, PA 15077 Listserv D. Hamilton


==SUBJECT:==
D. Hamilton                                                      held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 10 CFR 9.17(a)(4), because:
FENOC FLEET-BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING APPLICATION FOR ORDER CONSENTING TO TRANSFER OF LICENSES AND CONFORMING LICENSE AMENDMENTS (EPID-L-2019-LLM-OOOO)
: a. This information is and has been held in confidence by the Applicants and their affiliates.
DATED MAY 21, 2019 DISTRIBUTION:
: b. This information is of a type that is held in confidence by the Applicants and their affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning Applicants' anticipated cash flow.
PUBLIC PM File Copy RidsNrrDorlLpl3 Resource RidsRgn1 MailCenter RidsNrrPMDavisBesse Resource RidsNrrPMPerry Resource RidsNrrPMBeavervalley Resource RidsOgcMailCenter Resource RidsNrrDorlLpl1-2 Resource RidsRgn3MailCenter RidsNrrLASRohrer Resource RidsNrrLALRonewicz Resource RidsACRS MailCTR Resource ADAMS Accession No.: ML 19121A479 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DLP/PFPB/BC NAME BVaidya SRohrer ABowers DATE 5/6/2019 5/6/2019 5/7/2019 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/BC NAME BVaidya DWrona DATE 5/21/2019 5/21/2019 OFFICIAL RECORD COPY}}
: e. Public disclosure of this information would create substantial harm to the competitive position of the Applicants 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 the Applicants.
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, Enclosure C 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.
The non proprietary versions of the licensee submittal (Enclosure A, Exhibit H of the licensee's submittal ADAMS Accession No. ML19116A087) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.
 
D. Hamilton                              If you have any questions regarding this matter, I may be reached at 301-415-3308.
Sincerely, r,~,J~
J:F--
Bhalchandra Vaidya, Project Manager Plant Licensing Branch Ill Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, 50-346, and 50-440 cc:     Mr. Frank R. Payne Acting Site Vice President-Perry FirstEnergy Nuclear Operating Company Perry Nuclear Power Station Mail Stop A-PY-A290 P.O. Box 97, SB306 Perry, OH 44081-0097 Mr. Mark Bezilla Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station c/o Davis-Besse NPS Mail Stop A-DB-3080 5501 North State, Route 2 Oak Harbor, OH 43449-9760 Mr. Richard D. Bologna Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SSB P.O. Box 4, Route 168 Shippingport, PA 15077 Listserv
 
ML19121A479 OFFICE     NRR/DORL/LPL3/PM       NRR/DORL/LPL3/LA       NRR/DLP/PFPB/BC NAME       BVaidya               SRohrer               ABowers DATE       5/6/2019               5/6/2019               5/7/2019 OFFICE     NRR/DORL/LPL3/PM       NRR/DORL/LPL3/BC NAME       BVaidya                 DWrona DATE       5/21/2019             5/21/2019}}

Latest revision as of 06:06, 6 November 2019

FENOC-Beaver Valley Power Station, Units 1 and 2; Davis-Besse Nuclear Power Station Unit 1,and Perry Nuclear Power Plant Unit 1, Request for Withholding Information from Public Disclosure Regarding Application for Order Consenting
ML19121A479
Person / Time
Site: Beaver Valley, Davis Besse, Perry, 07201043, 07200069
Issue date: 05/21/2019
From: Bhalchandra Vaidya
Plant Licensing Branch III
To: Hamilton D
FirstEnergy Nuclear Operating Co
Vaidya B 415-3308
References
EPID L-2019-LLM-0000
Download: ML19121A479 (4)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 21, 2019 Mr. David B. Hamilton Senior Vice President, Chief Operating Officer, and Chief Nuclear Officer FirstEnergy Nuclear Operating Company 341 White Pine Drive Akron, OH 44320

SUBJECT:

FENOC FLEET- BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2; DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1; AND PERRY NUCLEAR POWER PLANT, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING APPLICATION FOR ORDER CONSENTING TO TRANSFER OF LICENSES AND CONFORMING LICENSE AMENDMENTS (EPID-L-2019-LLM-OOOO)

Dear Mr. Hamilton:

By letter dated April 26, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19116A087), FirstEnergy Nuclear Operating Company (FENOC, the licensee) submitted an affidavit dated April 26, 2019, executed by Darifl M. Benyak, Vice President, Nuclear Support and Regulatory Affairs, FirstEnergy Corp., requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390 and 10 CFR 9.17:

Enclosure C, Unredacted Proprietary Exhibit H, "OwnerCo and Facility Pro Forma Income Statements" to the "Application for Order Consenting to Transfer of Licenses and Conforming License Amendments" for Beaver Valley Power Station , Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1, and their respective generally licensed independent spent fuel storage installation facilities (ISFSls) (Proprietary). (Part of ADAMS Accession No. ML19116A088).

The following reasons were given in your affidavit for requesting our withholding of this information:

2. The Applicants are providing information in support of their "Application for Order Consenting to Transfer of Licenses and Conforming License Amendments." The proprietary version of Exhibit H being provided separately in Enclosure C of this submittal [letter dated April 26, 2019]

contains financial information, including proforma income statements, related to anticipated revenues from sales of electricity and capacity from Beaver Valley Power Station, l,Jnit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No. 1; and Perry Nuclear Power Plant, Unit No. 1, as well as plant operating and maintenance costs. These documents constitute proprietary commercial and financial information that should be

D. Hamilton held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(a)(4) and 10 CFR 9.17(a)(4), because:

a. This information is and has been held in confidence by the Applicants and their affiliates.
b. This information is of a type that is held in confidence by the Applicants and their affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning Applicants' anticipated cash flow.
e. Public disclosure of this information would create substantial harm to the competitive position of the Applicants 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 the Applicants.

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, Enclosure C 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.

The non proprietary versions of the licensee submittal (Enclosure A, Exhibit H of the licensee's submittal ADAMS Accession No. ML19116A087) has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room.

D. Hamilton If you have any questions regarding this matter, I may be reached at 301-415-3308.

Sincerely, r,~,J~

J:F--

Bhalchandra Vaidya, Project Manager Plant Licensing Branch Ill Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334, 50-412, 50-346, and 50-440 cc: Mr. Frank R. Payne Acting Site Vice President-Perry FirstEnergy Nuclear Operating Company Perry Nuclear Power Station Mail Stop A-PY-A290 P.O. Box 97, SB306 Perry, OH 44081-0097 Mr. Mark Bezilla Site Vice President FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station c/o Davis-Besse NPS Mail Stop A-DB-3080 5501 North State, Route 2 Oak Harbor, OH 43449-9760 Mr. Richard D. Bologna Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SSB P.O. Box 4, Route 168 Shippingport, PA 15077 Listserv

ML19121A479 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/LA NRR/DLP/PFPB/BC NAME BVaidya SRohrer ABowers DATE 5/6/2019 5/6/2019 5/7/2019 OFFICE NRR/DORL/LPL3/PM NRR/DORL/LPL3/BC NAME BVaidya DWrona DATE 5/21/2019 5/21/2019