ML19224C244
| ML19224C244 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 06/18/1979 |
| From: | Knotts J, Sampels M, Worsham J DEBEVOISE & LIBERMAN, WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY |
| To: | |
| References | |
| NUDOCS 7907020005 | |
| Download: ML19224C244 (12) | |
Text
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gmu UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
HOUSTON LIGHTING AFD POWER CO.,
)
Docket Nos. 50-498A et al.
)
50-499A
)
(South Texas Project, Units
)
1 and 2)
)
L TEXAS UTILITIES GENERATING
)
Docket Nos.
50-445A COMPANY, et al.
1 50-446A y
(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
I 5
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'b FIRST SET OF INTERROGATORIES AND REQUESTS
//
u FOR PRODUCTION OF DOCUMENTS FROM
[
g JUN. O !s73 y> d TEXAS UTILITIES GENERATING COMPANY TO TEX-LA ELECTRIC COOPERATIVE, INC.
SEVENTEEN MEMBER COOPERA"'IVES,
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AND ANY SUCCESSOR ENTITIES 43 y
Pursuant to Sections 2.740, 2.740b and 2.741 of the Nuclear Regulatory Commission's Rules of Practice, Texas Utilities Generat-ing Company ("TUGCO") propounds the following Interrogatories and Requests for Production of Documents to Tex-La Electric Cooperative, Inc., the 17 Member Cooperatives listed in Appendix A to Tex-La 's Petition for Leave to Intervene in Ccmanche Peak dated September 20, 1978, and any successor entity or entities, including those referred to by Tex-La in its response to TUGCO's motion to dismiss CSW, et al.,
and for other relief.
Each interrogatory should be answered separately and fully in writing under oath or affirmation by the person or persons making it no later than 14 dayr., and each docu-ment requested should be produced no later than 30 days, after service of these Interrogatories and Requests for Production.
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L 79070200051 fy Definitions As used herein the terms listed below, unlest otherwise specifically indicated, are intended to have the fo'. lowing meanings:
1.
" Documents" refers to all writings and rectrds of every type in the possession, control or custody of Tex-La or one or more of its 17 members, including but not limited to memoranda, correspondence, reports, Lincluding drafts, preliminary, inter-mediate and final reports); surveys, scudies (including, but not ltr.ited to, engineering, economic, and market studies), comparisons, tabulations, charts, boaks, pamphlets, photographs, maps, bulletins, minutes, notes, diaries, log sheets, ledgers, vouchers, accounting statements, engineering diagrams (including those known as "one line diagrams "), mechanical and electrical rr:crdings, telephone and telegraphic cccmunications, speeches, computer programs and printouts, and all other records, written, electrical, mechanical or otherwise.
" Documents" shall also refer to copies of documents, even though the originals thereof are not in the possession, custody or control of Tex-La or one or more of members or successors, every copy of a document which contains handwritten or other notations or which otherwise does not duplicate the original or any other copy, and all attachments to any document.
2.
" Identify" with respect to a natural person includes stating his or htr full name, his or her most recent known home address and telephone number, his or her most recent known business address and telephone number, his or her present employer and
,2Db n~O lJu position with that employer, and his or her prior connection or association with any party to this proceeding.
3.
" Witness" refers to any person who may give testimony, whether direct or rebuttal.
General Instructions The following General Instructions apply to each of the discovery requests contained herein.
1.
Documents produced shall be grouped and marked by Lnterrocatory.
2.
If you claim privilege as to any document or as to any answer requested by these interrogatories, identify, in the case of documents, the date of the document, the sender (s), the recipient (s), those receiving copies, and the subject matter of the document, and as to both documents and an swers, specify the privilege claimed and the basis on which you assert that claim.
3.
In the event any document requested in these interroga-tories is unavailable, describe in detail the circumstances sur-rounding such unavailability.
4.
These interrogatories are continuing and require supple-mental answers if you obtain further information with respect to the same between the time your answers are served and the time of the evidentiary hearing.
5.
the interrogatory or document request as the first p.. of each answer.
As to any interrogatory or document request, or section or subsection thereof, that you refuse, or are unable, to answer in full, provide the most complete partial 9'
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b J 's response possible and include.a statement noting and explaining the partial response.
6.
Documents in the possession of any other party to this proceeding or publicly available are not to be regarded as being in TUGCO's possession.
7.
The interrogatories and requests for production of documents set forth below are directed to Tex-La, each of the 17 cooperatives listed in Appendix A to its petition to intervene and to any successor entity or entities.
Duplicate responses to interrogaucries are not required where answers would be identical; simply indicate the entities so answering.
Separate answers are, however, required when the response is identical.
Documents should be p.oduced for each responding entity; exact duplicates may be listed (other means of avoiding duplication of actual production may of course be adopted by agreement).
Interrogatories 1.
(a)
Identify each witness, other than an expert witness, whom Tex-La expects to or may call in these proceedings and provide a summary of all matters (including the substance o# all facts) as to which each such witness is expected to or may testify; (b)
Identify all doccments upon which each such witness is expected to or may rely in any way, and provide copies of any such document not already in the possession of TUGCO; 2.
(a)
Identify each experc vitness whom Tex-La expects to
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or may call in these proceedings; (b)
State (or produca) the educational and professional qualifications, experience, and credentials of each such expert witness; (c)
State the subject matter on which the expert is expected to or may testify; (d)
Provide a summary of the testimony which each such witness is expected to or may offer, including the substance of all facts and all opinions to which the expert is expected to or may testify; (e)
State the grounds for each opinion each such expert witness expects to or may present in his/her testimony; (f)
Identify all documents prepared by, for, or under the supervision of each such expert witness, or reviewed or relied upon in any way by such expert in the performance of his/her duties, formulation of his/her conclusions or opinions, or preparation of his/ner testimony, including particularly work papers, status reports, preliminary outlines and memoranda, and communications between such expert and Tex-La or any of its members, any party to the proceeding, or any person with knowledge in any way relied upon by such cxpert, and provide copies of any such document not already in the possession of TUGCO; (g)
Identify any person affiliated with a party to these proceedings, and (separately) each other person, from whom infor-mation was obtained which is in any way relied upon or taken into account by such expert, with whom such expert has communicated; (h)
Provide a copy of any contracts, letter agreements, or other understandings between the prospective witness or his employer and Tex-La or any of its members or successors of either which relate in anv way to these proceedings; L C" o
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(i)
Identify all documents not produced in response to the foregoing which have been sent or given to the prospective witness or his or her employe: or to which his/her/their attention has been directed which relate in any way to these proceedings, and provide copies of any suct document not already in the posses-sion of TUGCO.
3.
With respect to eac.h expert witness listed in your response to Item 2.(a),
La) list each judicial or administrative proceeding since January 1, 1970 in which each individual has been proferred as an expert witness; Da) as to each such proceeding, indicate whether he or she was accepted as an expert witness; (c)
Provide a copy of the testimony of each such witness as an expert witness in any judicial. or administrative proceed-ing since January 1.
1970; (d)
List the publications of each such witness.
4.
(a)
Identify every document or thing which Tex-La expects to offer in evidence in these proceedings, other than the testi-many of witnesses summarized in response to the preceding inter-rogatories; (b)
Produce or make available the documents or things identified in 4. (a) to the extent not already in the possession of TUGCO.
5.
(a)
Identify each person affiliated with Tex-La who has, since Januar-f 1, 1972, communicated with either the NRC Staff (r
o predecessor AEC Staff) or the Antitrust Division of the Department of Justice (state which) with regard to any matter pertaining to yr oro c_ D O L4c the antitrust review or antitrust aspects of the Comanche Peak proceeding.
(b)
Specify (by date) and describe each occasion on which such communication took place and the nature and form of such communice ion; (c)
Identify the other person or persons involved in the communication; (d)
State the substance of each communication to the extent such is not documented in correspondence, memoranda, summaries, notes, minutes or the like, which you~are hereby re-quested to identify and produce; (e'
Identify any other document which relates to any such communication or series of communications, as well as any document provided to or obtained from the NRC Staff or the Anti-trust Division (state which) and produce each such document not already in the possession of TUGCO.
6.
(a)
Has Tex-La or any of its member cooperatives or successors of either intervened as a party (or parties) in any proceeding (or with regard to any request to institute a pro-ceeding) before FERC under mmendments to Part 2 of the Federal Power Act made by the Public Utilities Regulatory Policy Act of 1978 (PURPA), or otherwise, relating to any request for relief
.5 rom any orde_ of any agency of the State of Texas, for inter-connection or wheeling, or any or all of the fcracoing?
(b)
Does Tex-La or any of its member.soperatives or successors of either expect to institute such a proceeding before FERC at any time in the next ten years?
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(c) if the answer to (a) or (b) is affirmative, would such request, if granted, involve or potentially involve use, by or for Tex-La or any member or successor, of the transmission system of (i) any of the operating subsidiaries of Texas Utilities Company (i.e.,
DP&L, TP&L, or TESCO) or (ii) of any system which is a member of TIS?
(d)
If so, identify each system which would be involved, and describe the transactions for which use or access would be required, including the nature of the service, the approximate duration, and the transmission and/or interconnection configur-ation and capacity contemplated.
Produce any maps, diagrams or other documents relating to this subparagraph.
(e)
If the answer to 6. La} or (b) and (c) are in the affirmative, state briefly whether Tex-La believes that there is any relief to which it might be entitled in the Comanche Peak operating license antitrust proceeding which is not also avail-able under PURPA and the Federal Power Act, as amended.
(f)
If your answer to 6.(e) is in the affirmative, state briefly why.
7.
(a)
State whether Tex-La believes that it is now or may be in the future (and if so when in the future) in competition with DP&L, TP&L or TESCO (state which).
(b)
If the response to subpart (a) is in any respect in the affirmative, state. briefly the product and geographic market or markets involve.d; and generally the nature and extent of competition claimed.
(c)
Identify and produce all documents relating to this interrogatory.
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8.
Reference is made to Tex-La's petition to intervene.
Reference is also made to the existing conditions in the Comanche Peak construction permits.
(a)
In what respects specifically does Tex-La contend such conditions should be modified in order to afford relief to which Tex-La asserts it is entitled?
(b)
Identify and produce all documents relating to (a).
9.
(a)
Please describe generally how Tex-La anticipates that its members will be constituted or configured over the next thirty-forty years (the approximate duration of the Comanche Peak license) and state how, if at all, such is different from the situation prevailing at the time your petition to intervene herein was filed.
(Reference is made, inter alia, to Tex-La's answer to TUGCO 's motion to dismiss CSW, et al and for other relief, wherein mention is made of formation of three G&T cooperatives).
(b)
Explain generally how such configuration and expected future pattern of operations bears on the relief sought and Tex-La 's theory of this case, including how such have changed, if at all, since the petition to intervene was filed.
(c)
Identify and produce all maps, diagrams, or other documents relating to this interrogatory.
Respectfully submitted, s
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( i,L b ($h7 Joseph B.
Knotts, Jr.
TEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 7g J.
Irion Worsham, Esq.
LUU LUU Merlyn D.
Sampels, Esq.
S,encer C.
Relyea, Esq.
WORSHAM, FORSYTHE & SAMpFT.,
2001 Bryan Tower, Suite.300 Dallas, Texas 75201 nm+a.
June 1 470
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos. 50-498A et al.
)
50-499A
)
(Sou ch Texas Project, Units
)
1 and _;
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, et al.
)
50-446A
)
(Comanche Peak Steam Electric
)
Station, Units 1 and 21
)
CERTIFICATE OF SERVICE I hereby certify that copies of "First Set of Interrogatories and Requests for Production of Documents From Texas Utilities Generating Company to Tex-La Electric Cooperative, Inc., Seventeen Member Cooperarives, and any Successor Entities" in the above captioned matters, were served upon the following persons by deposit in the United States mail, first class postage prepaid this 18th day of June, 1979.
Marshall E.
Miller, Esq.
Mr. Jerome D.
Saltzman U.S.
Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.C.
20555 Nuclear Reactor Regulation U.S.
Nuclear Regulatory Michael L.
Glaser, Esq.
Commission 1150 17th Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 J.
Irion Worsham, Esq.
Sheldon J.
Wolfe, Esq.
Merlyn D.
Sampels, Esq.
U.S.
Nuclear Regulatory Spencer C.
Relyea, Esq.
Commission Worsham, Forsythe & Scmpels Washingtcn, D.C.
20555 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon C.
Wood, Esq.
U.S.
Nuclear Regulatory W.
Roger Wilson, Esq.
Commissicn Matthews, Nowlin, Macfarlane &
Washington, D.C.
20555 Barrett 1500 Alamo National Building Chase R.
Stephens San Antonio, Texas 78205 Docketing and Service Branch U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
,yi6 nrL4b tO Charles G.
- Thrash, Jr.,
Esq.
Don R.
Butler, Esq.
E.W.
Barnett, Esq.
Sneed, Vine, Wilkerson, Theodore F.
Weiss, Esq.
Selman & Perry J.
Gregory Copeland, Esq.
P.O.
Box 1409 Baker & Sc:ts Austin, Texas 78767 3000 One Shell Plaza Houston, Texas 77002 Jerry L.
Harris, Esq.
Richard C.
Balough, Esq.
R.
Gordon Gooch, Esq.
City of Austin John P.
Mathis, Esq.
P.O.
Box 1088 Baker & Botts Austin, Texas 78767 1701 Pennsylvania Avenue, NW Washington, D.C.
20006 Don H.
Davidson City Manager Roy P.
- Lessy, Jr.,
Esq.
City of Austin Michael B.
Blume, Esq.
P.O.
Box 1088 U.S.
Nuclear Regulatory Austin, Texas 78767 Commission Washington, D.C.
20555 Robert Lowenstein J.
A.
Bouknight, Jr.
Roff Hardy William J.
Franklin Chairman and Chief Executive Lowenstein, Newman, Reis &
Officer Axelrad Central Power and Light Company 1025 Connecticut 3 venue, N.W.
P.O.
Box 2121 Washington, D.C.
20036 Corpus Christi, Texas 78403 John W.
Davidson, Esq.
Mr. Perry G.
Britrain Sawtelle, Goode, Davidson &
President Ticilo Texas Utilities Generating 1100 San Antonio Savings Company Building 2001 Bryan Tower San Antonio, Texas 78205 Dallas, Texas 75201 Douglas F.
John, Esq.
R.L.
Hancock, Director Akin, Gump, Haver & Feld City of Austin Electric Utility 1333 New Hampshire Ave.,
N.W.
P.O.
Box 1086 Suite 400 Austin, Texas 78767 Washington, D.C.
20036 G.W.
Oprea, Jr.
Morgan Hunter, Esq.
Executive Vice President McGinnis, Lockridge & Kilgore Houston Lighting & Power Fifth Floor, Texas State Company Bank Building P.O.
Box 1700 900 Congrees Avenue Houston, Texas 77001 Austin, Texas 78701 Judith Harris, Esq.
Richard D.
Cudahy, Esq.
Ronald Clark, Esq.
Joseph Gallo, Esq.
Susan B.
Cyphert, Esq.
Robert H.
Leoffler, Esq.
U.S.
Department of Justice Isham, Lincoln & Beale Antitrust Division 1050 17th Street, N.W.
P.O.
Box 14141 Suite 701 Washington, D.C.
20044 Washington, D.C.
20036 qg qr/
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(. 4 o Michael I. Miller, Esq.
Kevin B.
Pratt, Esq.
Richard E.
Powell, Esq.
Attorney General's Office David M.
Stahl, Esq.
State of Texas Thomas G.
Ryan, Esq.
P.O.
Box 12548 Isham, Lincoln & Beale Austin, Texas 78711 One First National Plaza Chicago, Illinois 60603 Frederick H.
Ritts, Esq.
William E.
Burchett, Esq.
Bill D.
St. Clair, Esq.
Northcutt Ely McGinnis, Lockridge & Kilgore Watergate 600 Building Fifth Floor, Texas State Bank Washington, D.C.
20037 Building 900 Congress Avenue Austin, Texas 78701 W.S.
Robson General Manager South Texas Electric Cooperative, Inc.
Poute 6, Building 102 Victoria Regional Airport Victoria, Texas 77901 Robert C. McDiarmid, Esq.
Robert Jablen, Esq.
2600 Virginia Avenue, N.W.
Washington, D.C.
20037 W.
N.
Woolsey, Esq.
\\
Dyer and Redford 1030 Petroleum Tower
, ~}, ", L.c 'u '
Corpus Chrisit, Texas 78474
~
Joseph B.
Knotts, Jr Robert M.
Rader, Esq.
Donald M.
Clements, Esq.
Gulf States Utilities Company Post Office Box 2951 Beaumont, Texas 77704
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