ML19242C712
| ML19242C712 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 07/19/1979 |
| From: | Fainter J, Hughes D TEXAS, STATE OF |
| To: | |
| References | |
| NUDOCS 7908130261 | |
| Download: ML19242C712 (22) | |
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S' UNITED STATES OF AMERICA g NUCLEAR REGULATORY COMMISSION N
In the Matter of S NRC Docket Nos. l50-498A 5 t
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50-499A
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HOUSTUN LIGHTING & POWER S COMPANY, PUBLIC SERVICE S BOARD OF SAN ANTONIO, S CITY OF AUSTIN S CESTPAL POWER AND LIGHT S COMPANY, (South Texas Project,5 Unit Nos. 1 and 2) S TEXAS UTILITIES GENERATING S N V I' CCMPANY, et al. $ NRC Docket Nos. 50 ,;;A 50-t??%
(Cccanche Peak Steam Electric S S ta tion , Units 1 and 2) S gyf MOT!CN TO QUASH OR MODIFY SUBPOENA COMES NCW the Public Utility Commission of Texas
("PUC") by and through its duly authorized federal agency .
representative, the Attorney General of Texas, and would make and file this Motion to Quash and/or Modify the subpoena as directed toward T. Sweatman, Chief Engineer of the PUC, said subpoena issued July 7, 1979 and the subpoena directed to " Keeper of the Records of the Public Utility Ccmmission" issued July 9, 1979, all by the Acting Chairman of the Atomic Safety and Licensing Board of the Nuclear Regulatory Ccmmission, the Honorable Sheldon J. Wolfe.
The PCC would show that attacheJ to said subpcena is a schedule of Subjects for Testimony and Freduction of Cocu- 7 ')qL ments for the subpcena directed to T. Sweatman, Chie: -
Engineer and a schedule of seven it: s directed to the Keeper of Records. As to the subpcena to T. Sweatman, the C mmission would move to quash the subpoena requiring Mr.
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9 Sweatman to appear at 611 Ryan Plata Drive, 10th Floor in the city of Arlington, Texas scheduled for the 24th day of July, 1979 at 9:30 o' clock a.m. First, the records and objects in the custody of the Commission required to be brought with him to Arlington, Texas, would be burdenseme o
and unjust for many different reasons. The substance of such conclusions are is set forth in affidavits executed by Martha M. Bartow, Records Officer of the Public Utility Ccmmission, attached to this Motion and identified as Exhibit "A", and R. Thomas Sweatman, Director of Engineering and Enforcement, attached and identified as Exhibit 'B",
both incorporated herein by reference for all purposes.
Also attached is Exhibit " A-1", which is a list o f the -
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various dockets, maps and an estimate of the number of pages in such proceedings. We do not object to offering Mr.
Sweatman's deposition at the offices of the Public Utility Ccmmission of Texas at 7800 Shoal Creek Blvd., Suite 400 N.,
Austin, Travis County, Texas 73757. It is to be noted that one subpoena directs that the " Keeper of Records" for the PCC make available for inspection and copying at the offices of the Commission in Austin, Texas on the 23rd day of July, 1979 at 10:00 o' clock a.m. numerous records and documents.
There is no reason why the same personnel can't remain the next d a'; to take Mr. Swea tman 's depo sition. Such removal of records will viclate PUC policy and would deprive other segments of the public access to portions of the documents o~m , -)
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as well. Fur the rmo r e , physical removal increases the possi-bility of loss and damage which is unreasonable and detri-mental to the record keeping function of the PUC.
In addition, the above captioned proceeding; also relate to certain matters in litigation commonly referred to as Docket 14, in which the Attorney General's office is defending the Public Utility Commission's order in said p::oceeding in state court, with parallel proceedings pending in other federal forums, including the United States Supreme Court. It is not known at this time what reports, memoranda or records sought under this subpcena may fall under information and material that is privileged in its use in the defense of such lawsuit in state and federal courts. Protective orders may be necessary in the absence of an agreement between counsel. Prior to such agreement or orders, the PUC must resist such carte blance demand for records.
There is also a question of relevancy of much of the material requested which may be resolved by agreement also.
L'HE REFC RE , the PUC prays that the subpoenas directed to the Keeper of Records and T. Sweatman be quashed for the above and foregoing reasons, or alternatively, mcdified to allow reasonable discovery of pertinent and relevant data and to permit the taking of Thomas Sweatman's depo-sition at the offices of the PUC at 7300 Shoal Creek 31vd.
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Austin, Travis County, Texas, the only office for such regulatory body in the State of Texas.
Respectfully submitted, MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General TED L. HAD LEY Exec' e Assi a t At rney General l
Y DAVID HIJGE N Assistant Attor *y General Chief, Energy visica P. O. Box 12548, Capitol Station Austin, Texas 78711 .
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UNITED STATES OF AMERICA < ',
NUCLEAR REGULATORY COMMISSION b' / i 4 In the Matter of 5 NRC Decket Nos. 50-498A S 50-499A HOUSTON LIGHTING & PCWER S COMP ANY , PUBLIC SERVICE S BOARD OF SAN ANTONIO, S CITY OF AUSTIN S CENTRAL PCWER AND LIGHT S CO MPAN Y , (South Texas Project,S Unit Nos. 1 and 2) S TEXAS UTILITIES GENERATING S COMPANY, et al. 5 NRC Docket Mos. 50-498A (Comanche Peak Steam Electric 5 50-499A Station, Units 1 and 2) S CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Motion to Quash or Modify Subpoena has been made on the fol- -
lowing parties listed hereto this l9'sk-day of July, 1979, by depositing copies thereof in the United States mail, first class, postage prepaid.
Marshall E. Miller, Esq. Atcmic Safety and Licensing Chairman Appeal Board Panel Atomic Safety & Licensing Board U.S. Nuclear Regulatcry Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Richard S. Salzman, Esq.
U.S. Nuclear Regulatory Michael L. Glaser, Esq. Commission 1150 17th Street, N.W. Washington, D.C. 20555 Washington, D.C. 20036 Jercme E. Sharfman, Esq.
Sheldon J. Wolfe, Esq. U.S. Nuclear Regulaccry Atomic Safety & Licensing Soard Ccmmission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Ccmmission Chase R. Stephens, Secretary Washington, D.C. 20555 Occketing and Serrice Branch U.S. Nuclear Regulatory Ccmmission Washington, D.C. 20555 oL
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Samuel J. Chilk, Secretary Jerome Saltzman Office of the Secretary of Pie Chief, Antitrust and Commission Indemnity Group U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Ccmmission Washington, D.C. 20555 Washington, D.C. 20555 Roff Hardy Michael 1. Miller, Esq.
Chairman and Chief Executive Richard E. Powell, Esq.
Officer David M. Stahl, Esq.
Central Power and Light Tnomas G. Ryan, Esq.
Company Isham, Lincoln & Beale P.O. Box 2121 One First National Plaza Corpus Christi, Texas 78403 Chicago, Illinois 60603 G. K. Spruce, General Manager Roy P. Lessy, Esq.
City Public Service Board Michael Blume, Esq.
P.O. Box 1771 U.S. Nuclear Regulatory San Antonio, Texas 78203 Com:ais sion Washington, D.C. 20555 Perry G. Brittain President Jerry L. Harris, Esq.
Texas Utilities Generating Co. City Attorney 2001 Bryan Tower Richard C. Balough, Esq. .
Dallas, Texas 75201 Assistant City Attorney City of Austin R.L. Hancock, Director P.O. Box 1088 City of Austin Electric Austin, Texas 78767 Utility Depart: rent P.O. Box 1088 Robert C. McDiarmid, Esq.
Austin, Texas 78767 Robert A. Jablon, Esq.
Spiegel and McDiarmid G. W. Oprea, Jr. 2.600 Virginia Ave., N.W.
Executive Vice President Washington, D.C. 20036 Housron Lighting & Pcwer Ccmpany Dan H. Davidson P. O. Box 1700 City Manager Houston, Texas 77001 City of Austin P. O. Scx 1088 Jon C. Scod, Esq. Austin, Texas 78767 W. Roger Wilson, Esq.
Matthews, Nowlin, Macfarlane Don R. Butler, Esq.
& Barrett 1225 Southwest Tower 1500 Alamo National Bldg. Austin, Texas 78701 San Antonio, Texas 78205 Joseph Irien Worsham, Esq.
Joseph Gallo, Esq. Merlyn D. Sampels, Esq.
Richard D. Gudahy, Esq. Spencer C. Relyea, Esq.
Rchert H. Leeffler, Esq. Worsham, Fcrsythe & Sample Isham, Lincoln & Beale 2001 Bryan Tower, suite 2f Suite 701 Dallas, Texas 75201 1050 17th Street, N.W.
Washington, D.C. 20036 q o q; 4
Joseph Knotts, Esq. W. N. Woolsey Nicholas S. Reynolds, Esq. Dyer and Redford Debevoise & Liberman 1030 Petroleum Tower 1200 17th St., N.W. Corpus Christi, Texas 78474 Washington, D.C. 20036 Robert M. Rader Douglas F. John, Esq. Conner, Moore & Corber Akin, Gump, Hauer & Feld 1747 Pennsylvania Ave., N.W.
1100 Madison Office Bldg. Washington, D.C. 20006 1155 15th St., N.W.
Washington, D.C. 20024 R. Gordon Gooch, Esq.
John P. Mathis, Esq.
Morgan Hunter, Esq. Baker & Botts McGinnis, Lochridge & Kilgore 1701 Pennsylvania Ave., N.W.
5th Floor, Texas State Bank Washington, D.C. 20006 Building 900 Congress Avenue Robert Lowenstein, Esq.
Austin, Texas 78701 J. A. Bouknight, Esq.
William J, Franklin, Esq.
Jay M. Galt, Esq. Lowen s tein , Newman, Reis, Looney, Nichols, Johnson Axelrad & Toll
& Hayes 1025 Connecticut Ave., N.W.
219 Couch Drive Was hing to n , D.C. 20036 Oklahoma City, Okla. 73101 E. W. Barnett, Esq.
Knoland J. Plucknett Charles G. Thrash, Jr., Esq.
- Executive Director J. Gregory Copeland, Esc. ^
Committee on Power for the Theodore F. Weiss, Jr., Esq.
Southwest, Inc. Baker & Botts>
5541 East Skelly Drive 3000 One Shell Plaza Tulsa, Oklahoma 74135 Houston, Texas 77002 John W. C dson, Esq. Kevin B. Pratt, Esq.
Sawtelle, sode, Davidson Assistant Attorney General
& Tioi e P. O. Box 12543 1100 San Antonio Savings Capitol Station Building Austin, Texas 73711 San Antonio, Texas 78205 Frnderick H. Ritts, Esq.
W. S. Robson Law Offices of Northcutt Ely General Manager Watergate 600 Bldg.
South Texas Electric Washington, D.C. 20037 Cooperative, Inc.
Ecute 6, Building 102 Victoria Pegional Airport 3 _C 77901
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Victoria, Texas >
,l" 1, Judith L. Harris U.S. Cept. of Justice Antitrust Division, Energy Sec. Donald Clement-414 lith St., N.W., Eccm 3303 Gulf St .as'__ iti Co.
Wash ngton, D.C. 20530 P. O dox 2r 1 Be amcr.t f _xa 77 04
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STATE CF TEXAS l COUNTY CF TRAVIS l BEFCRE ME, the uncersigned authority, personally appeared Martha M.
Bartow, Records Officer for the Public Utility Comission of Texas, and after being by me duly sworn deposed as follows: My name is Martha Bartow.
I am above the age of twenty-one (21) years and am competent to testify. I am the custodian of the officid records of the Public Utility Commission of Texas and am responsible to the Comissioners of the Public Utility _
Commission for the maintenance of the official Ccmmission records. I have reviewed the subpoena issued by the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission to me and have several comments to make concerning this subpoena. The subpoena is so broad and inclusive that I am unable to understand what specific matters or material are covered therein.
The subject matters contained in subparagraphs 1 through 7 are so global and unclear in nature that if literally taken would require the production of literally thousands of pages of documents at great expense and inconven-ience to the Public Utility Ccamission of Texas. It is the policy of the Public Utility Comission of Texas that its official records should not be removed frcm its offices; and therefore, I would request the moving party in this subpoena to inspect whatever records deemed relevant and actually .
necessary by the Atcmic Safety and Licensing Board of the Nuclear Regula-tory. Ccmmission at the Comission's offices. As an example of the tremendous undertaking to produce the requested documents, I and members of my staff would be forced to undertake a complete analysis of literally hundreds of dockets and matters that have occurred before the Public Utility Commission of Texas that may, either directly or indirectly, affect or be related to the items requested in subparagraphs 1 through 7 of the subpoena. Such a detailed analysis by the Ccmission staff would not only be time consuming but expensive as well. As an example, to point out the impossibility of complying with this subpcena, subparagraph 2 of the subpoena concerning all certification records relating to Houston Lignting and Power Ccmpany, Gulf States Utilities Ccmoany, Texas Power & Light Ccmpany, and the Southeast Division of Ccemunity Public Service Ccmpany involve approximately 110 secarite dockets or proceedings before the Public Utility Ccemissien of Texas. In addition the requirements in subparagraph 3 of the subpoena requiring production of "all documents, internal memoranda, reports, maps, etc., which related in any way to the retantion or possible retention of existing custcmers, or securing new custcmers, or service Ireas or territories (or parts thereof), by Houston Lighting ind Power Company, Gulf States Utilities Company, Texas Power &
Light Ccmpany, Ccmmunity Public Service Ccmpany (Southe1st Division), and also any member ccoperatives of the Tex-la Cooperativet* would require a detailed analysis of literally hundreds of other do kets, comolaints, internal memcranda contained in other divisions or departments of the
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Commission and would be an impossible task to perform in the time constraint set forth in the subpoena and, even if the time constraints were modified, could be done only at a great expense to the Public Utility Comission of Texas. In addition subparagraphs 5 and 7 require me to produce documents dating back to 1974 and 1970 respectively, and yet the Public Utility Comission of Texas did not come into existence until September 1, 1975; therefore, it would be impossible for me to produce documents, if any exist, involving other regulatory authorities who were the primary regulators of the utilities involved prior to September 1, 1975. The Ccmmission has on file numerous minor certification boundary line modifications and many service ccmplaints involving at leas t indirectly the Comission's certification jurisdiction and custemer relations which I doubt would be of any benefit to any party or the Atomic Safety and Licensing Board of the Nuclear Regulatory Comission. Yet the '
subpoena, if literally read, would require me to produce every service quality complaint affecting certification matters and every boundary change af fected or ever requested by the ccmpanies involved. Subparagraph 7 of the subpoena, if literally read, would require the production of portions of approximately 68 rate cases, and it would be extremely burden-some to analyze and locate a7y documents contained in those rate cases relating to the mutters contiined in said subparagraph 7 and could only be done it a great expense and time consuming effort not only by me but by other memoers of my staff. I would also state that several of the certification and rate cases included in paragraphs 1, 2, 3, and 7 are on appeal to various courts of different jurisdictions, and the Commissicn's of ficial records have been filed with the District Clerk or of ficer of the -
Court as the case may be. In view of the foregoing, I would request that the subpoena be modified and that the material and documents scught be specified with such particularity that I can make same subject to inspection and producticn of the parties requesting this subpoena if such documents are in fact in my possession.
IT EXECUTED this the _ /b day of 'uly,1979.
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Martna M. Bartow
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W SW .1 ' AND SUBSCRIBE? SEFCRE ME by the said Marth1 M. Sartow on this the , day of July,1779, to certify whicn witness my hand and seal of of f5 c'e'.
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Nofard Eubfic1nanop Travis County, _iexaa My Commission Expires: [-/Y/
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D i_s EXHIBIT "A-1"
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Houston Lighting and Power Comoany Certification: Cocket 41 Pages Maps 44 317 12 2 332 11 385 10 455 12 529 14 566 18 581 16 582 13 583 13 692 294 5 2495 33 2512 27 736 10 737 8 1 1482 1743 28 1606 7 1611 23 1612 16 1652 18 1802 14 1 1864 15 1885 33 22gy 0 .
- 2375 2384 2389 2522 525 Rate / Tariff 111 42 2001 6185 1 2248 929 2260 2~24 2676 3
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- mi 11 Texas Power and Light Co.
Certi fica ticn : Cocket 1 Pages 962 Maps 55 5
17 28 44 45 52 57 59 60 61 461 21 462 15 463 12 464 20 2 629 50 2 631 31 542 25 2 778 12 779 45 891 10 896 22 1475 40 + 1 cassette 7 1818 9 3 -
1922 24
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1923 40 1924 14 1928 27 2262 17 2330 18 3 2349 2r 2377 2.5 2378 15 2435 18 2530 16 2650 EM-5-76 iBki I
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4 Texas Power and Light Co. (Cont'd)
Rate: Docket 178 Pages 10021 Maps 1 290 67 291 444 445 1789 4550 1813 2018 1905 1934 1939 1940 1941 1942 1943 1948 1949 1950 1951 .
1952 1953 1954 1955 -
1959 1960 1961 1517 9375 2319 150 L?
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4 Gul f States Certi fica tion: Docket 17 Pages Maps 21 52 130 21 151 17 409 1435 39 427 66 1 701 175 74 857 650 4 1927 26 2 2227 87 12 2228 2275 2276 2362 23 1 2485 2601 2688
-Rate: 1528 8225 1889 1120 1890 1891 1892 1893 1945 1968 1969 1970 1971 2009 2010 2015 2677
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Tex-La Cooperatives Wood County Electric Certification Occket 460 Pages 12 Maps 1 497 12 1711 10 2 5 1a 2 tapes 6 28 20, 1 tape 15 60 (See Kaufman Co.) ,
Rate 2702 l Upshur Rural 102 895 MF 4 1 1380 MF 4 1 1779 MF 4 1 2666
?667 27 i 10 2668 5 (See Wood Ce. )
28 (See Bcwie Cass) 53 1100 45 Kaufman Co. Elect 60 625,2 tapes 36 Jasper-Newton 41 (See Sam Houstcq) 1827 25 1 Hunt Collin 60 (see above)
Fannin County Electric 319 20 28 (See Wood Co.)
60 (See Kaufman Co.)
Deep East Texas Electric 113 20 2095 20 54 30 7
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c Bowie Cass Electric Coop Docket 256 Pages 15 Maps 2 28 200 15 Far:rers Electric Cocp. 8 910 30 458 MF 4 1 60 ISee Kaufman Co. )
c 28 [SeeBcwieCass)
Sam Houston Electric 689 20 811 1911 10 1 41 780 80 Grayson Collin 320 45 200 27 60 (See Kaufman Co.)
Cherokee County (rate) 486 5 (See Weed Co.)
Rusk County 5 (See Wood Co.)
Lamar County 28 (See Scwie Cass)
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Cccmunity Public Service Comoany (Southeastern Div.)
Certification: Docket 1235 13 1 2C69 15 1 41 495 95 Rate: Occket 177 525 0 289 20 0 448 15 0 807 40 0 2101 300 0 2231 500 0 2041 ) 350 2042 )
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Note: All certifications and amended certifications require naps.
Pages are probably grossly unde. estimated. Over 50,000 pages would be involved with t e dockets listed, construction reports, long range plans, tariffs etc.
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STATE OF TEXAS l COUNTY OF TRAVIS l BEFCRE ME, the undersigned authority, personally appeared R. Thomas Sweatman, Director of Engineering and Enforcement for the Public Utility Commissinn of Texas, and after being by me duly sworn deposed as follows:
My name is R. Thomas Sweatman. I am above the age of twenty-one (21) years and am competent to testify. I am the Director of Engineering and Enforcement for the Public Utility Comission of Texas. I have reviewed the subpoena issued by the Atomic Safety and Licensing Board of the Nuclear Regulatory Comission to me and have several coments to make concerning this subpoena. The subpoena is so broad and inclusive that I am unable to understand what specific matters or material are covered therein. The subject matters contained in subparagraphs 1 through 9 are so glooal and unclear in nature that if literally taken would require the production of many pages of documents at great expense and inconvenience to the Public Utility Comission of Texas. It is the policy of the Public utility Commission of Texas that it; of ficial records should not be removed from its offices; and therefore, I would request the moving carty in this subpoena to inspect whatever records deemed relevant and actually necessary by the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission at the Commission's offices. as an example of the -
tremendous .ndertaking to produce the requested documents, I and members of my staff would be forced to undertake a complete analysis of literally hundreds of dockets and matters that have occurred before the Public Utility Commission of Texas that may, either directly or indirectly, affect or be related to the ite'ns requested in subparagraphs 1 through 9 of the subpoena. Such a detailed analysis by me and my staff would net only be time consuming but expensive as well. As an example, to point out the impossibility of ccmplying with this subpoena, subparagraph 2 of the subpoena concerning all certification records relating to Houston Lighting and Power Company, Gulf States Utilities Company, Texas Power & Light Company, and the Southeast Division of Comunity Public Service Company involve approximately 110 separate dockets or proceedings before the Public Utility Comission of Texas. In addition the requirements i.
subparagraph 3 of the subpoena requiring production of "all documents, internal memoranda, reports, maps, etc., which related in any way to the retention or possible retention of existing customers, or securing new customers, or service areas or territories (or parts thereof), by Houston Lighting and Pcwer Ccmpany, Gulf States Utilities Company, Texas Power L Light Company, Comunity Public Service Company (Southeast Division), and also any member cocperatives of the Tex-La Cocperatives" would require a detailed anal'jsis of literally hundreds of othe- dockets, ccmpl ain ts ,
internal memoranda contained not only in my division but in other divisions or departments of the Comission and nould be an impossible task to perform in the time constraint set forth in the subpoena and, even if the time constraints were modified, couldle done only at a great expense to the , q ogu J
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Public L'tility Commission of Texas. In addition subparagraphs 4, 5 and 7 requice me to produce documents dating back to 1968, 1974, and 1970 respectively, and yet the Public Utility Conmission of Texas Jid not ccme into existence until September 1, 1975; therefore, it would be impossible for me to produce documents, if any exi st, involving othe regu!atory authorities who were the primary regulators of the utilities involved prior to September 1, 1975. The Carmi ssion has on file numerous minor certification boundary line modifications and many service compl ai nts involving at least indirectly tha Ccmmission't certification jurisdiction and custrer relations, acquisition of new customers and retention of present customers, which I doubt would be of any benefit to any party or the Atcmic Safety and Licensing Board of the Nuclear Regulatory Commission.
Yet the subpoena, if literally read,' would require me to produce every service qt.ality complaint affecting certification matters and every major or .ninor boundary change affected or even reques ted by the compcnies involved. Subparagraph 7 of the subpoena, if literally read, would require the productitn of portions of approximately 68 rate cases, and it would be extremely burdensome to analyze and locate any documents contained in those rate cases relating to the matters contained in said subparagraph 7 and could only be done at a great expense and time consuming effort not only by me but by other members of my staf f. I would also state that several of the certification and rate cases included as a part of in paragraphs 1, 2, 3,and 7 are on acceal to various courts of dif ferent jurisdictions, and the Comission's official records have been filed with the District Clerk or of ficer of the Court as the case may be. In addition, such documents, work product, and internal memos wong the Commission Staff and the attorneys representing the Staff are not subject to the Texas Open Records Act nor -
discovery, if involved i, pending or contenplated litigation. In view of the foregoing, I would request that the subpoen3 be modified and that the naterial and documents sought be specified with such particularity that I can make s ame subje:t to inspection and production of the parties requasting this subpoena if such documents are in f act in my possessicn at the Commission's offices in Austin, Texas.
In addition, since I am subject to be deposed, I would reques t that such deposition be taken, if actually deemed necessary, at the Cor:rnission's of' ices in Austin, Texas, so I may refer to my files and the Comission's of ficial files, as the case may be, during the course of such deposition witnout transporting all of such files to Arlington, Texas, which would be very burdensane, time consuming, and expensive on the part of the Public Utility Carmission of Texas.
EXECUTED this the / 874 day of July, 1979.
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- r. Incmas Sweatman' SkCRN T AN SUBSCRISED 3E.:CRE ME by the s aid R. Thomas Sueatman on tM s the day of Lly,1979, to certify which wi tness my hand ind seal cf of fice.
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