ML19211C448
| ML19211C448 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 12/14/1979 |
| From: | Knotts J, Slicker F TEXAS UTILITIES CO., WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY |
| To: | |
| Shared Package | |
| ML19211C433 | List: |
| References | |
| NUDOCS 8001110390 | |
| Download: ML19211C448 (8) | |
Text
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s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of Docket Nos. 50-498A 50-499A HOUSTON LIGHTING AND POWER C0.
I et al.
I I
(South Texas Project, Units i
1 and 2) 1 I
TEXAS UTILITIES GENERATING l
Docket Nos. 50-445A COMPANY, et al.
1 50-446A I
(Comanche Peak Steam Electric I
Station, Units 1 and 2)
]
REPORT OF TUGCO, et al., - NOVEMBER,1979 Pursuant to the direction of the Atomic Safety and Licensing Board during the Special Prehearing Conference on June 21,1978 (Tr.124-125) in South Texas, and during the conferences in Comanche Peak and South Texas on December 5,1978 (Tr. 79-90), TUGC0 submits this report on discovery during the month of November,1979.
During the month of November, 1979, the TU Companies participated in the depositions of Messrs. Walter Bowers, R. W. Hartley, Frederick Woerner, Wesley Taylor, Barney Phillips, W. G. Bradley, William Marquardt, J. D. Robertson, Si Holt, Louis Fikar, and John Butts. Messrs. Woerner, Bradley, Marquardt and Taylor each produced documents responsive to subpoenas served on them hdividually in connection with the taking of their respective depositions.
On November 28, 1979, Messrs. Campbell, Skelton, Howard, Loveless, Daniels and Heath produced documents in response to subpoenas to produce documents on that date.
1736 043 8001110 0
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The TV Companie: received the third set of interrogatories from CP&L, et al. during the month of Ncvember,1979, and responses were made by the TV Companies to those interrogatories, by agreement between counsel for TV and CP&L, during the month of December,1979.
The deposition of Mr. J. M. Pennebaker, noticed for November 15, 1979, o.s postponed when the Department of Justice and the NRC Staff chose not to take his deposition on that date. The deposition of Mr.
R. D. Ledbetter, scheduled for November 30, 1979, was postponed by agreement due to Mr. Ledbetter's recent surgery.
He is presently hos-pitalized and recouperating from that surgery. The deposition of Mr.
J. L. Johns, previously twice postponed by agreement and rescheduled for November 28, 1979, was cancelled upon the representation by the Department of Justice, the NRC Staff, CSW, and Tex-La of Texas, Inc.
that Mr. Johns would not be a witness in this proceeding.
Mr. E. D. Scarth, the designated engineering expert witness for the TU Companies, filed written testimony before the Securities and Exchange Cormiission in July,1979 in the related proceeding involving CSW.
On November 13 - 16, 1979, Mr. Scarth was cross examined on his prepart.d, written testimony.
Lawyers for the Department of Justice and the NRC Staff were present while attorneys representing the CSW Companies conducted the cross examination of Mr. Scarth during those proceedings.
During the third week of November,1979, representives of the City of Brownsville, Texas, requested that they review certain documents in the possession of the TU Companies and its subsidiaries, beginning on November 26, 1979.
By agreement between counsel for TU and Brownsville, the documents requested to be produced for such examination and inspection had been available for review since July,1979, and for the most part, 1736 044 s
except for fuel contracts and related documents which the TV Companies deemed proprietary, all those documa.h had been previously available for review by the City of Brownsville, and many of which had been reviewed during two weeks of document review during the latter part of December,1978 and early January,1979. With respect to fuel con-tracts, a motion for an entry of a protective order has been filed by the TU Companies, pursuant to agreement between counsel for the TU Companies and the City of Brownsville.
Even though the Board has yet t rule on such motion, the TU Companies permitted representives of the City of Brownsville to review those documents (except for two contracts related to nuclear fuel, each of which require written noti-fication to all parties to the agreement) upon an agreement that the contents of such documents would not be disclosed pending the entry of a protective order. The review of documents by the City of Brownsville was conducted for five days, from November 26, 1979 through November 30, 1979.
In a related proceeding before the Federal Energy Regulatory Commission, the TU Companies proposed that a joint engineering study be conducted for the purpose of conducting an impartial, good faith analysis of certain proposed modes of interconnecting, either by syn-chronous AC interconnections or by non-synchronous DC interconnections, the systems in ERCOT and the Southwest Power Pool.
A copy of that pro-posal as filed in FERC Docket #EL79-8, is attached to this recort for the information of all parties.
There has been unanimous agreement by all affected electric utilities that prior to any form of electical interconnection between the systems in ERCOT and the systems in the Southwest Power Pool that extensive engineering studies must be conducted 1736 045 to insure the electrical viability of such interconnections and to test the economy and reliability thereof.
Such studies in connection with that FERC proceeding are currently being initiated.
Discovery efforts in connection with that proceeding may well impact upon discovery in the present NRC proceeding.
Respectfully submitted, Jos. Irion Worsham, Esq.
M.D. Sampels, Esq.
Spencer C. Relyea, Esq.
WORSHAM, FORSYT!iE & SAMPELS 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Joseph B. Knott.s, Jr., Esq.
Nicholas S. Teynolds, Esq.
DEBEV0IS & LIBERMAN 1200 Seventeenth Street, N.W.
Washin D.C.
20036 By N
ATTORNEYS FOR TEXAS UTIL ES COMPANY, TEXAS UTILITIES GENERATING COMPANY, DALLAS PCdER & LIGHT COMPANY, TEXAS POWER & LIGHT COMPANY, AND TEXAS ELECTRIC SERVICE COMPANY 1736 046 Lpw OFFICES CV WoRS trA>I, FORSYTHE & SA51PELS TW E NTY-FIVE H UN DR E 1. 20 01 e nvAN TOW E R SOS. s miON wonSMA e sOE A.womSM AM M. D. SAMPELS 1884 = 1976
= Otter A =OOLoai DO E ttLEPMon t (2t A) 7 As-9365 N EIL D ANCESSON EARL A.FOR$YTHE SPENCER C AELVEA COUNSEL mONALO se. MANSON FREDEmeCR R. SLICIE ER DANIEL w metALLEN lil vnavis E.vaNDEMPOOL MsCMAEL R JOMNSON J W OITM R,JOMNSON meCM AAD L. aOAM S G ROLAND Lovt SOMN W Mg REYNOLDS November 6,1979 TO THE ATTENDEES OF THE INFORMAL CONFERENCE HELD OCTOBER 29 AND 30,1979:
Re: Docket No. EL79-8 As promised at the informal conference last week, enclosed for consideration is the written proposal of the Texas Utilities Company System for a study of the future operation of electric utilities within the Electric Reliability Council of Texas and the Southwest Power Pool to be co-chaired by the Department of Energy and the Public Utility Commission of Texas.
Ve t
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1. D.
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All parties on the Official Service List The Hon. Daniel M. Head Presiding Administrative Law Judge 1736 047
~
. 'e The Texas Utilities Company System proposes that the Department of Energy and the Public Utility Commission of Texas act as Co-Chairmen of an Advisory Committee to study the future operation of electric utilities within the Electric Reliability Council of Texas (ERCOT) and the Southwest Power Pool (SWPP). The Co-Chairmen shall be empowered to make all final decisions on the administration of the st;dy(ies) (including the selection of any Consultant (s)) upon consultation with the Advisory Committee. The study (ies) and the decisions of the Co-Chairmen and any Consultant (s) shall have the following constraints:
1.
Any Consultant (s) retained shall be objective and qualified, shall have had no prior offiliation with 'he ERCOT/SWPP interconnection controversy and shall not be in the regular, or special, employ of the Co-Chairmen, any Participant in the study (ies) or any other interested entity. The study (ies) shall utilize and be based upon the reliable facts supplied by the affected eccctric utility systems within ERCOT and SWPP.
2.
Such study (ies) shall be so structured as to objectively evaluate all reasonable alternatives to the operation of utilities within ERCOT and SWPP, including whether or not interregional ties should be established and whether any such interregional ties should be AC or DC. The study (ies) of all alternatives shall take into consideration the relative economies and electric reliability available to the affected utilities in ERCOT and SWPP with and without interregional ties.
3.
The cost of the study (ies), other than the expenses of the Co-Chairmen and Participants, shall be borne by the electric utility Participants in such manner es agreed upon by the Particimos.
4.
The Co-Chairmen shall invite all electric utility operating entities 1736 048
..)
- s within ERCOT and SWPP to participate in the study (ies) as non-voting Participants, as follows:
(a)
As a condition to such participation, each such Participant shall agree to pay its share of the costs of the study (ies) as outlined in parcgraph 3 above, plus its own expenses.
(b)
Each such Participant shall appoint one qualified management level engineer who shall serve on the Advisory Committee.
(c)
Each such Participant shall make available such other technically qualified engineering personnel to serve on such sub-committee or committees as the Co-Chairmen, after consultation with the Advisory Committee, deem necessary or desirable.
S.
The Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Antitrust Division of the United States Department of Justice, the Division of Corporate Regulation of the Securities and Exchange Commission and ut;lity commissions regulating electric utility companies within SWPP shall be invited to participate in the study (ies) as non-voting Participants in the same manner and on the same basis as any other Participant (except no such agency shall bear any cost of the study (ies) other than its own expenses), provided designees of such governmental entities shall be qualified regular full-time engineering personnel.
6.
No Participant shall be precluded from retaining such consultants, attorneys or advisors to assist the Participant in connection with its participation in the study (ies), but such person (s) shall not be permitted direct involvement therein.
7.
Each Participant shall be encouraged, but not required, to forego 1736 049 2
,. E#
parallel and/or competing studies.
8.
Neither the Co-Chairmen nor the Consultant (s) shall undertake to allocate or suggest the allocation of any costs associated with any finding (s) of any study (ies).
9.
The Co-Chairmen shall upon conclusion of the study (ies) present the results of the study (ies) and all underlying data to the Administrative Law Judge in FERC Docket No. EL79-8 for consideration, along with such other evidence as may be adduced in the proceeding. Neither the Administrative Law Judge nor FERC nor any Participant shall be bound by the results of the study (ies). Any Consultant (s) shall be prepared to stand cross-examination on any study (ies) so conducted.
The Texas Utilities Company System believes that the foregoing proposal is consistent with settlement or litigation of the controversy and is prepared to be a Participant in the study (ies), if the Co-Chairmen consent to serve on the basis above outlined, irrespective of the number of other Participants.
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