ML19242A402

Submits Joint Applicants Response to Wi Environ Decade,Inc 790705 Ltr Supplementing Earlier Motion to Dismiss Application or to Cease Expensing Capital Carrying Charges

ML19242A402
Person / Time
Site:	05000502, 05000503, 05000504, 05000505, 05000506, 05000507
Issue date:	07/25/1979
From:	Beckwith D, Anthony Williams FOLEY & LARDNER
To:	WISCONSIN, STATE OF
References
NUDOCS 7908010575
Download: ML19242A402 (5)

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FOLEY & LARDNER riast wisconsin ccurta 777 cast wiscossin Av[mut M ILWAU K E E, WIS. 5 3 2 o2 in wA snewoTom o. c. in w Aoison. wisconsin FOLEY LAADNEA.MOLLA8AUGM & JAC085 T CLE PMoN C (4e e) 276-2 4co FOLEY & LAR DN ER 1775 #C N N svLVAN4 A AVENUC. N.W. TELEX 26*8 9 POST orriCE SoM 1497 WASHINGTON,0.C.20000 (rotty LA n o u it) riast wisconsim a.Aza iSoufM Pi hC et N EY S T R E ET vcts,~o c (aon = ea-noo July 25, 1979 M AD 4 SO N, WIS. 53701 TE Lt owoN E (sos)257-503s Public Service Commission of Wisconsin Hill Farms State Office Building 4802 Sheboygan Avenue Madison, Wisconsin 53702 Re: Wisconsin Electric Power Company, et al.

PSCW Docket 'Jo. 05-CE-3 (Haven Proceeding)

Motion to D.smiss Application or to Cease Expensing Capital Carrying Charges Gentlemen:

The Joint Applicants for the Haven Nuclear Plant submit these brief comments in response to the letter from Wisconsin's Environmental Decade, Inc. (" Decade") to the Commission dated July 5, 1979. That letter supplemented Decade's earlier motion to dismiss the Haven application or to cease expensing capital carrying charges.

We respectfully submit that Decade is mistaken as to both the facts and the law.

Decade makes two assertions arising out of the Joint Applicants' most recent Expenditure and Commitment Report, dated June 29, 1979. Baced upon the fact that this report shows expenditures of $333,525.00 during the month of May, Decade concludes that:

1. The Joint Apolicants have not made a good faith effort to reduce Haven expenditures to the minimun practical, contrary to the Applicants' letter of June e, 979 to the Commission; and

?. Expenditares will continue at the same montnly rate for the next two years, resulting in the expenditure of an additional S8,000,000.00.

Both conclusions are erroneous. The expenditures shown in the Expenditure and Commitment Report do not reflect the current level of activity, wnich the Applicants /

have reduced to a bare minimum. The reported expenditures c3

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468 242 7 9 q\

79080;0 [75 h

Public Service Commission of Wisconsin Page Three July 25, 1979 to the contrary, there will be no additional contractual liability incurred while the project remains in its current status.

In light of these facts, the Joint Applicants respectfully submit that they have in fact reduced ex-penditures to the minimum consistent with the approved Advance Plan. It is also clear that the Joint Applicants will not spend $333,000.00 per month or any figure remotely close to that on the Haven application while the application remains in its-present status.

Decade also asserts in its letter that Mr.

Huebner of the Commission staff is in effect an adverse party to Decade, and that the parties should be given an opportunity to reply informally to any advice Mr.

Huebner may give the Commission regarding the treatment of carrying charges. The Joint Applicants would oppose any such " informal" procedures for a party, which are without foundation in the law. If the parties are allowed to respond, they should be given the opportunity to do so after tormal notice and opportunity to participate--and the docket fur that procedure, as the Joint Applicants have previously pointed out, would be in an appropriate rate proceeding.

For the reasons set forth above, as well as the reasons set forth in the memorandum which the Joint Applicants have previously submitted, it is respectfully urged that Decade's motion be denied.

Very truly yours, FOLEY L LARDNER Actorneys for the Joint Applicants dbN, N David E. Beckwith Allen N. Williams, Jr.

Of Counsel:

Gerald Charnoff, Esq.

Shaw, Pittman, Potts & Trowbridge 1800 M Streer, N.W.

Washington, D.C. 20036 zi 4 q qa7 rUL L Li J

AFFIDAVIT OF MAILING STATE OF WISCONSIN )

) SS.

COUNTY OF MILWAUKEE )

DI?TNE M. KLOMAN, being first duly sworn on oath deposes and says that she is an employee of the law firm of Foley & Lardner; that on the 25th day of July, 1979, she deposited in the United States mail at Milwaukee, Wisconsin, a copy of a letter to the Public Service Commission of Wisconsin under date of July 25, 1979, as attached hereto, securely enclosed in an envelope, the postage duly prepaid, and addressed to the persons at the addreseses as stated on the Exhibit A attached hereto.

DIANNE M. KLOMAN Subscribed and sworn to before me this 25th day of July, 1979.

NOTARY PUBLIC, State of Wisconsin Milwauhee County My Commission:

468 244

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SERVICE LIST *

( I HAVEN NUCLEAR PLANT - DOCKET 05-CE-3 Bruce W. Churchill, Esquire SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, NW Washington, D. C. 20036 .

Dhvid_E. Beckwith, Esquire -

FOLEY &MRQt'ER ,, '

777 East Wisconsin Avenue '

Milwaukee, Wisconsin- 53202 ,

Mr. Peter Anderson, Public Affairs OfIicer ,

WISCONSIN'S ENVIRONMENTAL. DECADE, INC'. -

114 East Mifflin Street Madison, Wisconsin 53703 Mrs. Wend Schaefer SAFE HAVEN, LTD.

3741 Koehler Drive Gheboygan, Wisconsin 53081 Mr. David B. Merritt CITIZENS FOR A BETTER ENVIRONMENT . _ .

Two West Mifflin Street, Suite-202 Madison, Wisconsin 53703 -

Mr. David Schoengold, Project Coordinator Systems Planning, Environmental Review, and Consumer Analysis PUBLIC SERVICE COtO!ISSION OF WISCONSIN 432 Hill Farms S. tate Office Building Madison, Wisconsin 53702

~

Mr. Richard W. Henneger .

Bureau of Legal Services DEPARTMENT OF NATURAL RESOURCES .

_ Post Office Box 7921 Madison, Wisconsin 53707 Mr. Howard S. Druckenmiller, Environmental Specialist DEPARTMENT OF NATURAL RESOURCES Post Office Box 7921 Madison, Wisconsin 53707 Themas Lockyear, Escuire Assistant Chief Counsel PUBLIC SERVICE COMMISSION OF WISCONSIN 432 Hill Farms State Office Building Madison, Wisconsin 53702 Mr. Harold R. Denten, Director '

Office of Nuclear Reactor negulation U. S. NUCLEAR REGULATOR'I COfG1ISSION Washington, D. C. 20555 Attention: Mr. Olan D. Parr, Chief l)[;] 2ij }

Light Water Reactors - Branch 3

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