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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

DOCKETED 03/16/05

SERVED 03/16/05

COMMISSIONERS:

Nils J. Diaz, Chairman
Edward McGaffigan, Jr.
Jeffrey S. Merrifield
Peter B. Lyons
Gregory B. Jaczko

ORDER

CLI-05-08

On January 5, 2005, we issued CLI-05-01, requiring Private Fuel Storage (PFS) to submit proposed redactions to three Commission orders (CLI-04-10, CLI-04-27, and CLI-05-01). On February 4^th, PFS submitted 58 proposed redactions, and on February 8^th, the State of Utah filed objections to four of those redactions. For the reasons given in the appendix to today’s decision, we do not agree with Utah that we should make publicly available the information found in those four redactions. The information at issue relates to the details of PFS’s cost-passthrough arrangements, and we believe its release would compromise PFS’s legitimate competitive concerns. We make the appendix available to the parties but not to the public because it discusses proprietary information.

Accordingly, we:

1. Reject Utah’s objections to four of PFS’s 58 proposed redactions to CLI-04-10, CLI-04-27 and CLI-05-01;

2. Approve all of PFS’s proposed redactions to those three Memoranda and Orders;

3. Instruct SECY to release to the public the redacted versions of those three Memoranda and Orders, all of which are appended hereto. SECY shall ensure that these redacted versions are available to the public both in the appropriate Public Reading Rooms and on our Agencywide Documents Access and Management System (ADAMS); and

4. Further instruct SECY to release this Order to the public but to withhold from the public the Appendix to this Order.

IT IS SO ORDERED.

Dated at Rockville, MD
this 16^th day of March, 2005.

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