ML20198P311

Forwards Info Requested Re Boston Edison Draft Purchase & Sale Agreement & Confidential Offering Memo for Pilgrim Nuclear Power Station

ML20198P311
Person / Time
Site:	Pilgrim
Issue date:	08/07/1998
From:	Fulton J BOSTON EDISON CO.
To:	Wood R NRC
Shared Package
ML20198P281	List: ML20198P278 ML20198P311 ML20198P317
References
FOIA-99-44 NUDOCS 9901070026
Download: ML20198P311 (2)

Text

e w' Bostors Edisort Executive Offices 800 Boylston Street Boston, Massachusetts 02199 John M. Fulton 617-424 2553 Assistant General Counsel Fax 617-424 2733 email: John _fulton@bedison.com Mr. Robert S. Wood August 7,1998 Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission

> Washington D.C. 20555 Dear Mr. Wood; As you requested, attached for your information are the Boston Edison draft Purchase and Sales Agreement and Confidential Offering Memorandum for Pilgrim Nuclear Power Station. During the divestiture process, these documents are expected to be frequently, if not significantly, revised. I will be contacting you in the r. ear future to schedule a meeting to discuss the documents in detail and to respond to any questions that you may have regarding them.

We request the NRC to treat the attachments as proprietary material in accordance with 10 C.F.R. 2.790. Please detach the accompanying pages from this cover letter before docketing or reproducing this letter.

Should you have any questions, please do not hesitate to contact me.

Sincerely, 7

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Enclosures:

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i l l AFFIDAVIT .

I, John M. Fulton being duly sworn, depose and state as follows:

l l am Assistant General Counsel, Boston Edison Company ("BECO") and have been delegated the function of reviewing the information described in the attached pages which is sought to be withheld, and have been authorized to apply for its withholding.

In making this application for withholding of proprietary commercial and financial information, BECO relies upon the exemption from disclosure set forth in the Freedom of Information Act

("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10 CFR 9.17(a)(4),2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial l or financial information obtained from a person and privileged or confidential". The material for l which exemption from disclosure is here sought is all confidential commercial and financial

information and the prevention of its use by Boston Edison's competitors constitutes a competitive economic advantage for Boston Edison.

The information sought to be withheld is being submitted to NRC in confidence. The information i is of a sort customarily held in confidence by BECO, and is in fact so held. The information i sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by BECO, no public disclosure has been made, and it is not available in public l sources. All disclosures to third parties, including any required submittals to NRC, must be made pursuant to regulatory provisions or proprietary agreements, which provide for i.

maintenance of the information in confidence.

John M. Fulton, being duly sworn, deposes and says: .

l That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge,information, and belief.

State of Massachusetts)

County of Suffolk )

Executed at, Boston this seventh day of August,1998. .

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. I x John M. Fulton Boston Edison Company Subscribed and sworn before me this 7th day of August,1998.

stephenW. Gray, Notary Public z

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. W- My Commission Expires W Commission Expires November 26,2004 Notary Public, y .

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., geme4 u p k UNITED STATES e  : P; - NUCLEAR REGULATORY COMMISSION

. WASHINGTON, D.C. 30e86 4001

%***** ,o August 21, 1998 Mr. John M. Fulton Assistant General Counsel Boston Edison Company 800 Boylston Street ,

Boston, MA 02199

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, PILGRIM NUCLEAR POWER STATION

Dear Mr. Fulton:

By your affidavit dated August 7,1998, you submitted a draft " Purchase and Sales Agreement

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and Confidential Offering Memorandum for Pilgrim Nuclear Power Station" and requested thpt it be withheld from public disclosure pursuant to 10 CFR 2.790.

The affidavit stated that the submitted information should be considered exempt from l mandatory public disclosure for the following reason:

It contains " trade secrets and commercial or financial information obtained from a person and privileged or confidential."

We have reviewed your application and the materialin 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 commercialinformation.

Therefore, the draft " Purchase and Sales Agreement and Confidential Offering Memorandum for Pilgrim Nuclear Power Station" marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(a)(4) and 2.790(d)(1) and Section 103(b) of the Atomic Energy Act of 1954, as amended. l Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed 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.

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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 maMer, I may be reached at 301-415-1445.

Sincerely, l 1% 'd.M Alan B. Wang, Project Manager Project Directorate 1-3 Division of Reactor Projects -l/II -

Office of Nuclear Reactor Regulation i

Docket No. 50 293 cc: See next page l

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J. Fulton .

If the basis for withholding this information from public inspection should change in the fature such that the information could then be mad.e 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 301-415-1445.

Sincerely, Original signed by Alan B. Wang, Project Manager Project Directorate I-3 Division of Reactor Projects - 1/II Office Bf Nuclear Reactor Regulation

• Docket No. 50-293 cc: See next page DISTRIBUTION:

Docket File PUBLIC PDl 3 Rdg.

JZwolinski AWang TClark MPSiemen, OGC CCowgill, RI FILENAME: G:\ PILGRIM \PROPSALE.LTR 3 i [

OFFICE PM:PDI-3 l A:PDI-3 D:Pbd3h OGCNb NAME ABWang iW TLClaridb COThomas MPSiemien DATE i / M /98 7//Y/98  %/ b/98 b k/98 ,

OFFICIAL RECORD COPY

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Boston Edison Company Pilgrim Nuclear Power Station l cc:

Ms. Jane Fleming l . Mr. Leon J. Olivier 8 Oceanwood Drive l Vice President - Nuclear / Station . Duxbury, MA 0233 i Director Boston Edison Company Mr. Jeffery Keene  !

l Pilgrim Nuclear Power Station Licensing Division Manager L 600 Rocky Hill Road Boston Edison Company

Plymouth,- MA 02360-5599 600 Rocky Hill Road Plymouth, MA 02360-5599 )

Resident inspector U. S. Nuclear Regulatory Commission Ms. Nancy Desmond Pilgrim Nuclear Power Station Manager, Reg. Affairs Dept.

Post Office Box 867 Pilgrim Nuclear Power Station Plymouth, MA 02360 RFD #1 Rocky Hill Road

, Plymouth, MA 02360 Chairman, Board of Selectmen

- 11 Lincoln Street Mr. David F. Tarantino I Plymouth, MA 02360 Nuclear Information Manager -

"Pil igr m Nuclear Power Station

• Chairman, Duxbury Board of Selectmen RFD #1, Rocky Hill Road Town Hall Plymouth, MA 02360 878 Tremont Street Duxbury, MA 02332 Ms. Kathleen M. OToole Secretary of Public Safety

. Office of the Cs alssioner Executive Office of Public Safety Massachusetts Department of One Ashburton Place l Environmenta! Protection Boston, MA 02108 One Winter Street Boston, MA 02108 Mr. Peter LaPorte, Director Attn: James Muckerheide

- Office of the Attomey General Massachusetts Emergency Management

( One Ashburton Place Agency 20th Floor 400 Worcester Road l

Boston, MA 02108 P.O. Box 1496 Framingham, MA 01701-0317 Mr. Robert M. Hallisey, Director Radiation Control Program Chairman, Citizens Urging Massachusetts Department of - Responsible Energy Public Health P.O. Box 2621 305 South Street Duxbury, MA 02331 Boston, MA 02130 Citizens at Risk Regional Administrator, Region i P.O. Box 3803

U. S. Nuclear Regulatory Commission Plymouth, MA 02361 475 Allendale Road King of Prussia, PA 19406 g n - ,. . ~ , ,. - ,-

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W.S. Stowe, Esquire ,

Boston Edison Company l 800 Boylston St.,36th Floor l Boston, MA 02199 -

Chairman Nuclear Matters Committee Town Hall 11 Lincoln Street -

Plymouth, MA 02360 Mr. William D. Meinert Nuclear Engineer Massachusetts Municipal Wholesale Electric Company P.O. Box 426 -

Ludlow, MA 01056-0426 1

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