ML19210C268
| ML19210C268 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 10/19/1979 |
| From: | Clark R, Cyphert S, Dopsovic D, Parmenter F JUSTICE, DEPT. OF |
| To: | HOUSTON LIGHTING & POWER CO. |
| References | |
| NUDOCS 7911140004 | |
| Download: ML19210C268 (9) | |
Text
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NRC PUBLIC DOCUhENT ROOM
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UNITED STATES OF AMERICA g;
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Al fy
)
In the Matter of
)
)
HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498A CO.,
et al. (South Texas
)
50-499A Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak Steam
)
50-446A Electric Station, Units 1
)
and 2
)
)
SECOND SUPPLEMENTAL RESPONSE OF THE DEPARTMENT OF JUSTICE TO THE SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COMPANY TO ANTITRUST DIVISION, U.S.
DEPT. OF JUSTICE Pursuant to 10 C.F.R.
S 2.740(e), the Department of Ju stice ( "Depar tment"), based upon its present belief and the information presently in its possession, hereby supplies this response to supplement its initial response of April 3, 1979, to Interrogatory 2 of the "Second Set of Interroga-tories and Requests for Production of Documents from Houston Ligt ting & Power Company to Antitrust Division, U.S. Dept.
of Justice," dated February 9, 1979. 1/
The Department 1/
At the June 21, 1978 prehearing conference in the above-captioned matter, the Atomic Safety and Licensing Board
(" Board") directed that discovery requests be considered continuing in nature and that answers to interrogatories and/or document production be supplemented when and if additional pertinent information and/or documents came to light af ter initial responses to a request were completed.
1 99 046 g y 7911140
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expressly reserves its right, in accordance with 10 C.F.R.
S 2.740(e) to add, alter, amend or modify the information provided herein, at the appropriate time.
Interrogatory 2 states:
2.
(a) Identify each expert witness who the Division expects to call in this proceeding.
(b) State the qualifications and cre-dentials of each such expert witness.
(c) Provide a summary of the testimony which each such expert witness is expected to offer.
(d) State the basis for each conclusion or opinion each such expert witness expects to present or draw in his/her testimony.
(e) Identify all documents prepared by, for, or under the supervision of each such ex-pert witness, or reviewed or relied upon in any way by such expert in the performance of his/her duties, formulation of his/her testimony, in-cluding particularly work papers, status reports, preliminary outlines and memoranda, and communi-cations between such expert in the Division, any party to the proceeding, or any person with knowledge in any way relied upon by such expert, and provide copies of any such document not already in possession of Houston.
The Department, based upon its present belief and the information presently in its possession, supplies the following supplemental information regarding Dr. Gordon T.C.
Taylor:
1799 047 2.
(a) Dr. Taylor's new business address is:
Dr. Gordon T.C. Taylor, Watergate Of fice Building, Suite 304, 2600 Virginia Avenue, N.W., Washington, b.C. 20037.
(b) No addition to previous response.
(c) No addition to previous response.
(d) The basis for the conclusions or opinions about which Dr. Gordon T.C. Taylor is expected to testify is founded in several areas.
First, Dr. Taylor's academic qualifications and credentials as an expert have already been pro-vided to Houston Lighting & Power Company ("HL&P")
in the Department's April 3, 1979 response to interrogatory 2(b)(ii) of "Second Set of Interroga-tories and Requests for Production of Documents from Houston Lighting & Power Company to Antitrust Division, U.S.
Department of Justice."
Dr.
Taylor's expected testimony is also founded in his extensive professional expertise as an econo-mist.
Dr. Taylor has enjoyed a distinguished career as an economist in the academic, govern-mental, and private sectors.
Dr. Taylor has been actively employed as an economist since 1964.
His academic background has been amplified by extensive pr actical experience.
Specifically, Dr. Taylor's tenure from July 1974 through May 1979 as a staff economist at the Federal Power Commission and Federal Energy Regulatory Commission, at which he served in several positions, has en-hanced his knowledge regarding economic factors relevant to th While serving in var,e electric utilicy industry.
ious governmental positions and since his entry into the private sector, Dr. Taylor has served as a consultant and has testifed extensively in a wide variety of economic areas relevant to the antitrust considerations the instant matter. Finally, Dr. Taylor has initiated a careful examination of the facts of this case, whien will continue as discovery progresses.
Dr. Taylor has reviewed some of the pleadings in West Texas Utilities Co.,
et al.
& Texas Electric Service Co., et al., No. CA-3 0633-F (N.D. Texas Div.) as well as in this 1T79 048 case.
Dr. Taylor's examination and analysis of the totality of discovery available in this case, however, has only begun.
As the deposition program progresses and as con-tinual discovery requests, e.g.,
interroga-tory answers and document production, are forthcoming, the basis for the conclusions and opinions about which Dr. Taylor is expected to testify will be expanded.
- Thus, the basis for the conclusions and opinions about which Dr. Taylor is expected to testify will be founded on a combination of his professional training and experience (specifi-cally his work at the Federal Power Commission and the Federal Energy Regulatory Commission),
and the facts currently being revealed in discovery in this litigation.
(e) On July 25, 1979, HL&P issued a subpoena duces tecum to Dr. Gordon T.C. Taylor requesting documents in his possession.
These documents will be provided to HL&P at Dr. Taylor's deposition to be held in Washington, D.C.,
on October 25-26, 1979.
In addition, on October 12, 1979 the Department pro-vided counsel for HL&P with copies of all testimony which Dr. Taylor has prepared or participated in preparing which are in the possession of the Department.
The following is a list of this testimony:
1.
Florida Power & Light Company FPC Docke t No. E-9574 August 3, 1977 (Corrected) 2.
Florida Power & Light Company FERC Docket No. ER77-155 October 17, 1977 3.
Otter Tail Power Company FERC Docket Nos. E-8152 and ER77-5 December, 1977 (Corrected)
'779 049 e
4.
Florida Power & Licht Company FERC Docket No. ER78-19 (Phase I) and ER78-81 February, 1978 (Revised) 5.
Montana Power Company FERC Project No. 5
( Annual Charges for the Use of Indian Lands)
March, 1978 6.
Boston Edison Company FERC Docket No. E-7738 (Rema nd )
Ma y, 1978 7.
Pacific Power and Light Company, et al.
FERC Docket No. E-7796 June, 1978 (Corrected) 8.
Cleveland Electric Illumina ting Company FERC Locket No. ER78-194 November 19, 1978 9.
Louisiana Power and Light Company FERC Docket No. ER77-533 January, 1979 10.
Florida Power & Light Company FERC Docket No. ER78-19 (Phase II), et al.
July, 1979 11.
Minnesota Gas Company State of South Dakota before the Public Utilities Commission Docket No. F-3302 July 16, 1979 12.
Southern California Edison Company FERC Docket No. ER79-150 September 5, 1979 13.
Kentucky Utilities Company FERC Docket Nc. ER78-417 Prepared Rebuttal Testimony September 20, 1979 1'?9 050 To the extent that interrogatory 2(e) seeks additional information, the Department objects on the ground that such a request is beyond the scope and purpose of Rule 26(b)(4).
The foregoing answers to interrogatories are, to the best of the Department's present belief and knowledge based on the information presently in our possession, true and correct.
Respectfully submitted, h-
)
h/P Susan B. Cypherg btdd ll Ur k /w Ronald H.
Clark
-I M*
b 4 -N i? o Jy
'F 8ericT H.
Parmenter "
0 din) A VGMtb1w David A. Dopsovic
/
l Attorneys, Antitrust Division, Energy Section U.S. Department of Justice District of Columbia Washington, D.C.
Subscribed and sworn to before me, a notary public, this 19th day of October, 1979.
0%fNo Y b ;?C 4o Dated October 19, 1979 1 v c E e E t-- h.'-.-.j709 051
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498A CO.,
et al.(South Texas
)
50-499A Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak Steam )
50-446A Electric Station, Units 1
)
and 2)
)
)
CERTIFICATE OF SERVICE I hereby certify that service of the foregoing SECOND SUPPLEMENTAL RESPONSE OF THE DEPARTMENT OF JUSTICE TO THE SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COMPANY TO ANTITRUST DIVISION, U.S.
DEPT. OF JUSTICE has been made on the following parties listed hereto this 19th day of October 1979, by depositing copies thereof in the United States mail, first class, postage pr epaid.
Marshall E. Miller, Esquir e Atomic Safety and Licensing Chairman Appeal Board Panel Atomic Safety & Licensing Board U.S.
Nuclear Regulatory Panel Commission U.S. Nuclear Regulatory Washington, D.
C.
20555 Commission Washing ton, D.
C.
20555 Richard S.
Salzman, Esquire U.S.
Nuclear Regulatory Michael L. Glaser, Esquir e Commission 1150 17th Street, N.W.
Washington, D.
C.
20555 Washington, D.
C.
20036 Jerome E.
Sharfman, Esquire Sheldon J.
Wolfe, Esquir e U.S.
Nuclear Regulatory Atomic Safety & Licensing Board Commission Panel Washington, D.
C.
20555 U.S.
Nuclear Regulatory Commission Chase R.
Stephens, Secretary Washing ton, D.
C.
20555 Docketing and Service Branch U.S. Nuclear Regulatory Samuel J.
Chilk, Secretary Commission Office of the Secretary of the Washington, D.
C.
20555 Commission 1 7,7 9 0 d' 2 U.S.
Nuclear Regulatory Jerome Saltzman Commission Chief, Antitrust and Washington, D.
C.
20555 Indemnity Group U.S. Nuclear Regulatory Commission Washington, D.
C.
20555
Roff Hardy Michael I.
Miller, Esquire Chairman and Chief Executive David M.
Stahl, Esquire Officer Thomas G.
Ryan, Esquire Central Power and Light Martha E. Gibbs, Esquire Company Isham, Lincoln & Beale P. O.
Box 2121 One First National Plaza Corpus Christi, Texas 78403 Ch ic ag o, Illinois 60603 G.K.
Spruce, General Manager Roy P.
Lessy, Esquire City Public Service Board Michael Blume, Esquire P.O.
Box 1771 U.S. Nuclear Regulatory San Antonio, Texas 78203 Commission Washington, D.
C.
20555 Perry G.
Brittain Pr esid ent Jerry L.
Harris, Esquire Texas Utilities Generating City Attorney)
Company Richard C. Balough, Esquire 2001 Bryan Tower Assistant City Attorney Dallas, Texas 75201 City of Austin P.O.
Box 1088 R.L.
Hancock, Director Austin, Texas 78767 City of Austin Electric Utility Department Robert C. McDiarmid, Esquire P.
O.
Box 1088 Robert A. Jablon, Esquire Austin, Texas 78767 Spiegel and McDiarmid 2600 Virginia Avenue, N.W.
G.
W. Oprea, Jr.
Washington, D.
C.
20036 Executive Vice President Houston Lighting & Power Dan H. Davidson Company City Manager P.
O.
Box 1700 City of Austin Houston, Texas 77001 P.
O.
Box 1088 Austin, Texas 78767 Jon C. Wood, Esquire W.
Roger Wilson, Esquire Don R.
Butler, Esquire Ma tthews, Nowlir;, Macfarlane 1225 Southwest Tower
& Barrett Austin, Texas 78701 1500 Alamo National Building San Antonio, Texas 78205 Joseph Irion Worsham, Esquire Merlyn D.
Sampels, Esquire Joseph Gallo, Esquire Spencer C.
Relyea, Esquire Richard D.
Cudahy, Esquire Worsham, Forsythe & Sampels Robert H.
Loeffler, Esquire 2001 Bryan Tower, Suite 2500 Isham, Lincoln & Beale Dallas, Texas 75201 Suite 701 1050 17th Street, N.W.
Joseph Knotts, Esquire Washington, D.
C.
20036 Nicholas S.
Reynolds, Esquire Debevoise & Liberman 1200 17th Street, N.W.
Washington, D.
C.
20036
,7.?9 053
Douglas F. John, Esquire R. Gordon Gooch, Esquire Akin, Gump, Hauer & Feld John P.
Mathis, Esquire 1333 New Hampshire Avenue, N.W.
Baker & Botts Suite 400 1701 Pennsylvania Avenue, N.W.
Washington, D. C.
20036 Washington, D.
C.
20006 Morgan Hunter, Esquir e Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A.
Bou kn igh t, Esquire 5th Floor, Texas State Bank William J.
Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 1025 Connecticut Avenue, N.W.
Washington, D.
C.
20036 Jay M. Galt, Esquire Looney, Nichols, Johnson E.
W.
Barnett, Esquire
& Hayes Charles G.
Thrash, Jr., Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F. Weiss, Jr., Esquire Baker & Botts Knoland J. Plucknett 3000 One Shell Plaza Executive Director Houston, Texas 77002 Committee on Power for tne Southwest, Inc.
Kevin B. Prate, Esquire 5541 East Skelly Drive Assistant Attorney General Tulsa, Oklahoma 74135 P.O.
Box 12548 Capital Station John K. Davidson, Esquire Austin, Texas 78711 Sawtelle, Goode, Davidson
& Tioilo Frederick H.
Ritts, Esquire 1100 San Antonio Savings Law Offices of Northcutt Ely Building Watergate 600 Building San Antonio, Texas 78205 Washington, D.C.
20037 W.
S.
Robson Donald M.
Clements, Esq.
General Manager Gulf States Utilities Company South Texas Electric P.O.
Box 2951 Cooperative, Inc.
Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport grp$
Victoria, Texas 77901 xfMW f&Z^2-Robert M.
Rader, Esquire F rfa e r ick Tr. Ya rme n te r, ~At to r ney Conner, Moore & Corber Energy Section 1747 Pennsylvania Ave., N.W.
Antitrust Division Washing ton, D.C.
20006 Department of Justice W.N.
Woolsey, Esquire Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 17?9 054