ML031130651
| ML031130651 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 04/22/2003 |
| From: | Anand R Division of Regulatory Improvement Programs |
| To: | Gallagher M Exelon Corp |
| Anand R, NRR/DRIP/RLEP, 415-1146 | |
| References | |
| Download: ML031130651 (6) | |
Text
April 22, 2003 Mr. Michael P. Gallagher Director, Licensing & Regulatory Affairs Exelon Corporation 200 Exelon Way Kennett Square, PA 19348
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, PEACH BOTTOM ATOMIC POWER STATION (PBAPS),
UNIT NOS. 2 AND 3
Dear Mr. Gallagher:
By your letter dated April 11, 2003, and affidavit dated April 10, 2003, executed by Ronald J. DeGregorio, you submitted Attachment 1P proprietary addendum on behalf of Exelon Generation Company, LLC [EGC], which is used to demonstrate financial qualifications to support its application for license renewal for PBAPS, Units 2 and 3, 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)(4) and 10 CFR 9.17(a)(4). A nonproprietary version has been placed in the Nuclear Regulatory Commissions (NRCs) public document room and was added to the Agencywide Documents Access and Management Systems Publically Available Records System (ADAMS PARS) Library.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
1)
This information is and has been held in confidence by EGC.
2)
This information is of a type that is held in confidence by EGC, and there is a rational basis for doing so because it is sensitive financial information concerning EGC's projected and operating revenues and expenses.
3)
This information is being transmitted to the NRC in confidence.
4)
This information is not available in public sources and could not be gathered readily from other publicly available information.
5)
Public disclosure of this information would create substantial harm to the competitive position of EGC by disclosing EGC's internal financial projections.
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 sensitive financial information and should be withheld from public disclosure.
M. Gallagher 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.
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 301-415-1146.
Sincerely,
/RA/
Raj K. Anand, Project Manager License Renewal Section License Renewal and Environmental Impact Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos.: 50-277 and 50-278 cc: See next page
M. Gallagher 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 301-415-1146.
Sincerely,
/RA/
Raj K. Anand, Project Manager License Renewal Section License Renewal and Environmental Impact Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos.: 50-277 and 50-278 cc: See next page DISTRIBUTION:
See next page Document Name:C:\\ORPCheckout\\FileNET\\ML031130651.wpd OFFICE PM:RLEP LA:RLEP SC:RLEPLLR OGC PD:RLEP NAME RKAnand YEdmonds S Lee PTKuo DATE 4/2 /03 4/7 /03 4/10/03 4/17/03 4/22/03 OFFICIAL RECORD COPY
DISTRIBUTION: Letter to Mr. Michael P. Gallagher, Dated: April 22, 2003 HARD COPY RLEP RF R. Anand E-MAIL:
PUBLIC W. Borchardt D. Matthews F. Gillespie RidsNrrDe E. Imbro G. Bagchi K. Manoly W. Bateman J. Calvo C. Holden P. Shemanski H. Nieh G. Holahan H. Walker S. Black B. Boger D. Thatcher R. Pettis G. Galletti C. Li J. Moore R. Weisman M. Mayfield A. Murphy W. McDowell S. Smith (srs3)
T. Kobetz S. Duraiswamy C. Munson RLEP Staff J. Boska D. Lew M. Modes
Peach Bottom Atomic Power Station, Units 2 and 3 cc:
Vice President, General Counsel and Secretary Exelon Generation Company, LLC 300 Exelon Way Kennett Square, PA 19348 Site Vice President Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Plant Manager Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Regulatory Assurance Manager Peach Bottom Atomic Power Station Exelon Generation Company, LLC 1848 Lay Road Delta, PA 17314 Resident Inspector U.S. Nuclear Regulatory Commission Peach Bottom Atomic Power Station P.O. Box 399 Delta, PA 17314 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. Roland Fletcher Department of Environment Radiological Health Program 1800 Washington Blvd.
Baltimore, MD 21230 Correspondence Control Desk Exelon Generation Company, LLC 200 Exelon Way, KSA 1-N-1 Kennett Square, PA 19348 Rich Janati, Chief Division of Nuclear Safety Bureau of Radiation Protection Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Board of Supervisors Peach Bottom Township 545 Broad Street Ext.
Delta, PA 17314-9203 Mr. Richard McLean Power Plant and Environmental Review Division Department of Natural Resources B-3, Tawes State Office Building Annapolis, MD 21401 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803 Manager-Financial Control & Co-Owner Affairs Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, NJ 08038-0236 Manager Licensing-Limerick and Peach Bottom Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Mr. Alan P. Nelson Nuclear Energy Institute 1776 I Street, NW., Suite 400 Washington, DC 20006-3708 Peach Bottom Atomic Power Station, Units 2 and 3 cc:
Director - Licensing Mid-Atlantic Regional Operating Group Exelon Generation Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Vice President-Licensing and Regulatory Affairs Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Senior Vice President Mid-Atlantic Regional Operating Group Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Senior Vice President, Nuclear Services Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President, Mid-Atlantic Operations Support Exelon Generation Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Manager License Renewal Exelon Generation Company, LLC 200 Exelon Way Kennett Square, PA 19348 Public Service Commission of Maryland Engineering Division Chief Engineer 6 St. Paul Center Baltimore, MD 21202-6806 Chief Operating Officer Exelon Generation Company, LLC 4300 Winfield Road Warrenville, IL 6 0555