ML040820996
| ML040820996 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 04/14/2004 |
| From: | Clark R NRC/NRR/DLPM/LPD1 |
| To: | Mecredy R Rochester Gas & Electric Corp |
| Clark R, NRR/DLPM, 415-2297 | |
| References | |
| TAC MC1567 | |
| Download: ML040820996 (4) | |
Text
April 14, 2004 Dr. Robert C. Mecredy Vice President, Nuclear Operations Rochester Gas and Electric Corporation 89 East Avenue Rochester, NY 14649
SUBJECT:
ROCHESTER GAS AND ELECTRIC CORPORATION AND CONSTELLATION GENERATION GROUP, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR R. E. GINNA NUCLEAR POWER PLANT (TAC NO. MC1567)
Dear Dr. Mecredy:
By letter dated February 27, 2004, Constellation Generation Group, LLC, (CGG) submitted an affidavit dated February 27, 2004, executed by Michael J. Wallace, requesting that the information contained in the, Confidential Addendum, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(i) This information is of a type that is customarily held in confidence by CGG and there is a rational basis for doing so because the information contains sensitive financial information concerning the projected revenues and operating expenses of CGG and other affiliated entities.
(ii) This information is being and has been held in confidence by CGG.
(iii) This information is being transmitted to the Nuclear Regulatory Commission 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 CGG and other affiliated entities by disclosing internal financial projections for these entities and confidential financial and corporate information to other parties whose commercial interests may be adverse to those of CGG and other affiliated entities.
R. Mecredy We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
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 301-415-2297.
Sincerely,
/RA/
Robert Clark, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-244 cc: See next page
R. Mecredy We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
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 301-415-2297.
Sincerely,
/RA/
Robert Clark, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-244 cc: See next page DISTRIBUTION:
Public PDI-1 R/F RClark RLaufer SLittle TMarsh ACRS OGC CBixler,RGI Accession Number: ML040820996 OFFICE PDI-1\PM PDI-1\LA RPRP-SC OGC PDI-1\SC NAME RClark SLittle BThomas SCrockett RLaufer DATE 3/25/04 3/25/04 3/25/04 4/6/04 4/13/04 OFFICIAL RECORD COPY
R.E. Ginna Nuclear Power Plant cc:
Kenneth Kolaczyk, Sr. Resident Inspector Mr. Paul Eddy R.E. Ginna Plant New York State Department of U.S. Nuclear Regulatory Commission Public Service 1503 Lake Road 3 Empire State Plaza, 10th Floor Ontario, NY 14519 Albany, NY 12223 Regional Administrator, Region I James M. Petro U.S. Nuclear Regulatory Commission Counsel for Constellation Energy Group 475 Allendale Road 750 East Pratt Street, 5th Floor King of Prussia, PA 19406 Legal Department Baltimore, MD 2101 Peter R. Smith, Acting President New York State Energy, Research, James R. Curtiss and Development Authority Counsel for Constellation Energy Group, 17 Columbia Circle at Winston & Strawn Albany, NY 12203-6399 1400 L Street, N.W.
Washington, DC 20005 Charles Donaldson, Esquire Assistant Attorney General Samuel Behrends, IV New York Department of Law Counsel for Rochester Gas and Electric 120 Broadway Corporation at LeBoeuf, Lamb, Greene New York, NY 10271 and MacRae 1875 Connecticut Avenue, N.W.
Daniel F. Stenger Washington, DC 20009 Ballard Spahr Andrews & Ingersoll, LLP 601 13th Street, N.W., Suite 1000 South Washington, DC 20005 Ms. Thelma Wideman, Director Wayne County Emergency Management Office Wayne County Emergency Operations Center 7336 Route 31 Lyons, NY 14489 Ms. Mary Louise Meisenzahl Administrator, Monroe County Office of Emergency Preparedness 1190 Scottsville Road, Suite 200 Rochester, NY 14624