ML020610006

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Request for Withholding Information from Public Disclosure
ML020610006
Person / Time
Site: Pilgrim
Issue date: 03/12/2002
From: Starkey R
NRC/NRR/DLPM/LPD1
To: Bellamy M
Entergy Nuclear Generation Co
Starkey, D, NRR/DLPM, 415-1122
References
TAC MB2483
Download: ML020610006 (4)


Text

March 12, 2002 Mr. Mike Bellamy Site Vice President Entergy Nuclear Generation Company Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360

SUBJECT:

PILGRIM NUCLEAR POWER STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB2843)

Dear Mr. Bellamy:

By your application dated February 15, 2002, and affidavit dated February 15, 2002, executed by you, you submitted Enclosure 1 Attachment A.1, "Spreadsheet of 5 Year Projection" and requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. 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 held in confidence by Entergy Nuclear, and there is a rational basis for doing so because the information contains sensitive financial information concerning Entergy Nuclears projected revenues and operating expenses.

ii. Public disclosure of this information would create substantial harm to the competitive position of Entergy Nuclear by disclosing Entergy Nuclears internal financial projections and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of Entergy Nuclear.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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 2.790(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.

M. Bellamy 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 301-415-1122.

Sincerely,

/RA/

Robert D. Starkey, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-293 cc: See next page

M. Bellamy March 12, 2002 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 301-415-1122.

Sincerely,

/RA/

Robert D. Starkey, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-293 cc: See next page Distribution:

PUBLIC PDI-2 Reading DStarkey TClark MPSiemien, OGC RJenkins EAdensam JClifford CCowgill, RI Accession No. ML020610006 OFFICE PDI-2/PM PDI-2/LA OGC DRIP/RPRP PDI-2/SC NAME DStarkey TClark MPSiemien RJenkins CGratton for JClifford DATE 03/05/02 03/05/02 03/06/02 03/06/02 03/07/02 OFFICIAL RECORD COPY

Pilgrim Nuclear Power Station cc:

Resident Inspector Mr. C. Stephen Brennion U. S. Nuclear Regulatory Commission Licensing Superintendent Pilgrim Nuclear Power Station Pilgrim Nuclear Power Station Post Office Box 867 600 Rocky Hill Road Plymouth, MA 02360 Plymouth, MA 02360-5599 Chairman, Board of Selectmen Mr. Jack Alexander 11 Lincoln Street Manager, Reg. Relations and Plymouth, MA 02360 Quality Assurance Pilgrim Nuclear Power Station Chairman, Duxbury Board of Selectmen 600 Rocky Hill Road Town Hall Plymouth, MA 02360-5599 878 Tremont Street Duxbury, MA 02332 Mr. David F. Tarantino Nuclear Information Manager Office of the Commissioner Pilgrim Nuclear Power Station Massachusetts Department of 600 Rocky Hill Road Environmental Protection Plymouth, MA 02360-5599 One Winter Street Boston, MA 02108 Ms. Jane Perlov Secretary of Public Safety Office of the Attorney General Executive Office of Public Safety One Ashburton Place One Ashburton Place 20th Floor Boston, MA 02108 Boston, MA 02108 Mr. Stephen J. McGrail, Director Dr. Robert M. Hallisey, Director Attn: James Muckerheide Radiation Control Program Massachusetts Emergency Management Commonwealth of Massachusetts Agency Executive Offices of Health and 400 Worcester Road Human Services Framingham, MA 01702-5399 174 Portland Street Boston, MA 02114 Chairman Nuclear Matters Committee Regional Administrator, Region I Town Hall U. S. Nuclear Regulatory Commission 11 Lincoln Street 475 Allendale Road Plymouth, MA 02360 King of Prussia, PA 19406 Mr. William D. Meinert John M. Fulton Nuclear Engineer Assistant General Counsel Massachusetts Municipal Wholesale Pilgrim Nuclear Power Station Electric Company 600 Rocky Hill Road P.O. Box 426 Plymouth, MA 02360-5599 Ludlow, MA 01056-0426