FOIA CONFIDENTIAL TREATMENT REQUEST AND CONFIDENTIAL
August 22, 2008
VIA EDGAR
Mr. H. Christopher Owings
Assistant Director
Mail Stop 3561
Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549-3561
Re: The Great Atlantic & Pacific Tea Company, Inc.
Preliminary Proxy Statement on Schedule 14A
Filed January 18, 2008
Form 10-Q for the Quarter Ended December 1, 2007 Filed January 7, 2008 Form 10-K
for Fiscal Year Ended February 24, 2007 Filed April 25, 2007 Definitive Proxy
Statement on Schedule 14A Filed May 25, 2007 File No. 1-4141
Dear Mr. Owings,
On behalf of The Great Atlantic & Pacific Tea Company, Inc. (the "Company" or
"A&P"), as requested in comment no. 2 contained in your letter dated April 29,
2008, we are providing the following supplemental information to the Staff (the
"Staff") of the Securities and Exchange Commission (the "Commission"):
Attached are supplemental documents that contain confidential business
information of our Company. We believe the supplemental documents are exempt
from disclosure under 5 U.S.C. Section 552(b)(4). Pursuant to 17 C.F.R. Section
200.83, for reasons of business confidentiality, we hereby request that the
supplemental documents not be disclosed by the Commission.
Document Description Bates-Stamped Nos.
- ----------------------------- ------------------
UPC Comparison 6000
Store Contribution by Segment 6001
Strategic Plan 6002
Each of the documents listed above (together, the "supplemental documents")
contains confidential business information of the Company. We believe that the
Supplemental Materials are exempt from disclosure under 5 U.S.C. Section
552(b)(4). Pursuant to 17 C.F.R. Section 300.83, for reasons of business
confidentiality, we hereby request that the supplemental documents not be
disclosed by the Commission.
In the event the Commission should receive a request for the supplemental
documents pursuant to the Freedom of Information Act ("FIOA") or otherwise, the
Company requests that it immediately be notified of such request, and be
furnished a copy of all written materials pertaining to such request (including
but not limited to the request and any determination with respect to such
request). We expect that we will be given an opportunity to object to disclosure
and, if the Commission is inclined to grant the request, it is our expectation
that, in accordance with normal practice, we will be given ten days' advance
notice of any such decision to enable the Company to pursue any remedies that
may be available to it. If the Commission is not satisfied that the enclosed
materials are exempt from disclosure pursuant to the FOIA, we are prepared to
supply further particulars and request a hearing on the claim of exemption.
In connection with providing the supplemental documents, we also specifically
request that, pursuant to FOIA and the applicable rules of the Commission, any
memoranda, notes or other writings of any sort whatsoever which are or have been
made by any employee of the Commission (or of any other government agency) and
which incorporate, include or relate to any of the matters contained in the
supplemental documents be maintained in confidence and not be made a part of any
public writing and not be disclosed to any person.
We are sending a copy of this letter to the Commission's Office of Freedom of
Information and Privacy Act Operations.
As required by 17 C.F.R. Section 200.83(c)(5), the contact information for the
Company is as follows:
The Great A&P Tea Company, Inc.
2 Paragon Drive
Montvale, NJ 07675
Attention: Melissa E. Sungela, Vice President Corporate Controller
Telephone: (201) 571-4330
Please feel free to call Melissa Sungela at (201) 571-4330 or myself at (201)
571-4363 with any further questions or comments.
Sincerely,
Brenda M. Galgano
Senior Vice President
Chief Financial Officer
Enclosures
cc: Melissa E. Sungela
Allan Richards
Chris McGarry
FOIA CONFIDENTIAL TREATMENT REQUEST AND CONFIDENTIAL
UPC Comparison
--------------
UPC Comparison: Liquor Total Matching % Matching
----- -------- ----------
*
(a) UPC information for Pathmark Liquor Departments not readily available at
this time due to recent merger.
* Material omitted and filed separately with the Securities and Exchange
Commission pursuant to a request for confidential treatment under
Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
FOIA CONFIDENTIAL TREATMENT REQUEST AND CONFIDENTIAL
UPC Comparison: Food Emporium
Total Matching % Matching
----- -------- ----------
*
Liquor Store -- See comparison above at UPC Comparison: Liquor
Matching Matching
Before After
Conforming Conforming
Total Private Label Private Label Private Label % Matching
----- ------------- ------------- ------------- ----------
Pathmark *
Confidential Treatment Requested by
The Great Atlantic & Pacific Tea Company, Inc.
#6000
Store Contribution by Segment
-----------------------------
FY 2007 Gross Store % to Gross % to
Sales Contribution Sales Margin Sales
--------- ------------ ----- ------- ------
*
FY 2006 Gross Store % to Gross % to
Sales Contribution Sales Margin Sales
--------- ------------ ----- ------- ------
*
FY 2005 Gross Store % to Gross % to
Sales Contribution Sales Margin Sales
--------- ------------ ----- ------- ------
*
Note: Eric Claus became CEO in the latter half of FY 2005 and commenced
turnaround plan. Fiscal 2004 and fiscal 2003 information not readily available
under current reporting structure. Food Emporium amounts have been re-aligned to
reflect current reporting structure.
Confidential Treatment Requested by
The Great Atlantic & Pacific Tea Company, Inc.
#6001
* Material omitted and filed separately with the Securities and Exchange
Commission pursuant to a request for confidential treatment under
Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
FOIA CONFIDENTIAL TREATMENT REQUEST AND CONFIDENTIAL
Strategic Plan
FY 2008 FY 2009 FY 2010
---------- --------- ----------
*
(a) Presented to our Board of Directors February 21, 2008
(b) Derived from Operating Income and Overhead information presented to our
Board of Directors February 21, 2008.
Confidential Treatment Requested by
The Great Atlantic & Pacific Tea Company, Inc.
#6002
* Material omitted and filed separately with the Securities and Exchange
Commission pursuant to a request for confidential treatment under
Rule 24b-2 of the Securities Exchange Act of 1934, as amended.