ML12347A084
| ML12347A084 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 12/21/2012 |
| From: | Singal B K Plant Licensing Branch IV |
| To: | Flores R Luminant Generation Co |
| Singal B K | |
| References | |
| TAC ME9767, TAC ME9768 | |
| Download: ML12347A084 (3) | |
Text
UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 December 21, 2012 Mr. Rafael Flores Senior Vice President and Chief Nuclear Officer Attention:
Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043 COMANCHE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME9767 AND ME9768)
Dear Mr. Flores:
By letter dated October 11, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 12312A157), Luminant Generation Company LLC (Luminant, the licensee), submitted an affidavit dated October 11, 2012, executed by Mr. Fred W. Madden Director, Oversight and Regulatory Affairs, Luminant, requesting that the financial information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: Enclosure 1 Addendum, Exhibit D -Balance Sheets (Proprietary) provided in support of the licensee's "Application for Order Approving Indirect Transfer of Licenses." A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in ADAMS at Accession No. ML 12312A157.
The affidavit stated that the submitted information should be considered exempt from the mandatory public disclosure because it contains financial pro forma statements related to anticipated revenues from sales of energy and capacity from Comanche Peak Nuclear Power Plant and confidential information regarding anticipated assets, liabilities, and capital structure.
In addition, the affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: This information is and has been held in confidence by the licensee and its affiliates. This information is of a type that is held in confidence by the licensee and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning the licensee's affiliates anticipated revenues and operating expenses.
R. -2 This information is being transmitted to the U.S. Nuclear Regulatory Commission (NRC) in confidence. This information is not available in public sources and could not be gathered readily from other publicly available information. Public disclosure of this information would create substantial harm to the competitive position of the licensee by disclosing its internal financial pro form statements and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of the licensee.
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 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) 415-3016.
Sincerely, Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 Distribution via Listserv R. -2 This information is being transmitted to the U.S. Nuclear Regulatory Commission (NRC) in confidence. This information is not available in public sources and could not be gathered readily from other publicly available information. Public disclosure of this information would create sUbstantial harm to the competitive position of the licensee by disclosing its internal financial pro form statements and the commercial terms of a unique transaction to other parties whose commercial interests may be adverse to those of the licensee.
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 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) 415-3016.
Sincerely, IRAJ Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor licenSing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 Distribution via Listserv DISTRIBUTION:
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