ML22152A139

Request for Withholding Information from Public Disclosure for Susquehanna Steam Electric Station

ML22152A139
Person / Time
Site:	Susquehanna
Issue date:	06/14/2022
From:	Audrey Klett Plant Licensing Branch 1
To:	Simpson L Allegheny Electric Cooperative
Klett A
References
EPID L-2019-PMP-0064
Download: ML22152A139 (3)

Text

June 14, 2022 Ms. L. Katrice Simpson Vice President, Finance & Accounting Allegheny Electric Cooperative, Inc.

212 Locust St.

P.O. Box 1266 Harrisburg, PA 17109-1266

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SUSQUEHANNA STEAM ELECTRIC STATION (EPID L-2019-PMP-0064)

Dear Ms. Simpson:

By letter dated May 16, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22147A057), Allegheny Electric Cooperative, Inc. submitted your affidavit dated May 16, 2022, requesting that the U.S. Nuclear Regulatory Commission (NRC) withhold information contained in the following document from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Enclosure 2, Allegheny Electric Cooperative, Inc., Independent Auditors Report and Consolidated Financial Statements, December 31, 2019 and 2018 The NRC has placed a redacted version of this enclosure in its public document room and in ADAMS (ML22147A057).

The affidavit dated May 16, 2022, stated that the submitted information in Enclosure 2 should be considered exempt from mandatory public disclosure for the following reasons:

a. This information has been held in confidence by Allegheny Electric Cooperative, Inc. (a private company). Allegheny keeps such information in confidence, and there is a rational basis for holding such information in confidence because it includes sensitive financial information regarding Allegheny's results from operations, balance sheet, and similar information.

b. The information is not available from public sources and could not be gathered readily from other publicly available information.

c. This information is being transmitted to the NRC in confidence.

d. Public disclosure of this information would cause substantial harm to the competitive position of Allegheny because such information has significant commercial value to Allegheny and could be used by other parties whose commercial interests may be adverse to those of Allegheny.

The NRC staff has reviewed the request in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains confidential commercial and financial information and

L. K. Simpson should be withheld from public disclosure. Therefore, the version of the information marked as confidential 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. The NRC staff may send copies of this information to consultants working in this area, if needed. The NRC staff would ensure that the consultants have signed the proper agreements for handling confidential information.

Allegheny should promptly notify the NRC 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. The NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request includes the withheld information. If the NRC makes a determination contrary to the above, then the NRC will notify Allegheny in advance of any public disclosure.

If you have any questions about this matter, please contact me at 301-415-0489 or Audrey.Klett@nrc.gov.

Sincerely,

/RA/

Audrey Klett, Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-387, 50-388 cc: Listserv

ML22152A139 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LPL1/LA NRR/DORL/LPL1/BC NRR/DORL/LPL1/PM NAME AKlett KZeleznock JDanna AKlett DATE 05/27/2022 06/03/2022 06/13/2022 06/14/2022