ML19253C551
| ML19253C551 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 11/21/1979 |
| From: | Franklin W BAKER & BOTTS, HOUSTON LIGHTING & POWER CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912060040 | |
| Download: ML19253C551 (20) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of S S
HOUSTON LIGHTING & POWER COMPANY S Docket Nos. 50-498A THE CITY OF SAN ANTONIO S 50-499A THE CITY OF AUSTIN and S CENTRAL POWER AND LIGHT COMPANY S S
(South Texas Project, Units Nos. S 1 and 2)
APPLICATION FOR ISSUANCE OF SUBPOENAS Houston Lighting and Power Company, pursuant to 10 C.F.R.
SS2.740, and 2.741, applies for the issuance of the attached Sub-poenas, which call for a deposition requiring the attendance of the party listed, and for production of documents. The testimony and document production sought encompasses, but is not limited to, the testimony to be given in the instant proceeding, interest in and awareness of nuclear power projects, interconnections and operations involving interstate systems and the Texas Interconnected Systems, bulk electric power supply, transmission planning, and fuel supply for electrical generation of el-actricity.
Subpoenas (1) Jack Gambrell, Cajun Electric Power Coop, Inc. .
1509 274 (2) Keeper of the Records, Cajun Electric Power Coop, Inc.
7912060
a Respectfully submitted, Dated: November 21, 1979 Q l Attorney for Houston Lighting
& Power Company Baker & Botts 3000 One Shell Plaza Houston, Texas 77002 Lowenstein, Newman, Reis, Axelrad
& Toll 1025 Connecticut Avenue, N.W.
- Washington, D.C. 20036 1509 275
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of S S
HOUSTON LIGHTING & POWER COMPANY S Docket Nos. 50-498A THE CITY OF SAN ANTONIO S 50-499A THE CITY OF AUSTIN and S CENTRAL PO*ER AND LIGHT COMPANY S S
(South Texas Project, Units Nos. S 1 and 2) S gg SUBPOENA TO: Jack Gambrell Cajun Electric Power Coop, Inc.
P. O. Box 578 New Roads, Louisiana 70760 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and 10 C.F.R. 52.720, to appear at the Hilton Inn, Corporate Square, 5500 Hilton Avenue in the City of Baton Rouge, Louisiana on the 6th day of December, 1979 at 9:30 o' clock A.M. (and thereaf ter from day to day, if necessary) to testify by deposition on oral examination in the above-entitled action, and to bring with you the document (s) or object (s) described in the attached schedule. Your testimony will be required as to the testimony you may give in the trial of this action, all matters relating thereto, and all subject matters covered in the attached scheddle.
1509 2L76
\
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By
............, 19....
\
J. Gregory Copeland Attorney for Houston Lighting
& Power Company BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002 (713) 229-1234 10 C.F.R. 2. 720 (f)
On motion made promptly, and in any event ,
at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
1509 277
SCHEDULE TO SUBPOENA
- 1. All documents referring or relating to or setting forth instances of competition with Houston Lighting & Power Company and/or (2) Texas Power & Light Company and/or (3) Texas Electric Service Company, and/or (4) Dallas Power & Licht Company; and any communi-cations with any of the aforementioned entities.
- 2. All documents provided to or received from the U.S. Depart-ment of Justice or the U.S. Nuclear Regulatory Commission in connec-tion with this action or the licensing of any nuclear powered electric generation plant. All documents referring or relating to or setting forth meetings or conversations with any attorney for or employee of the U.S. Department of Justice or U.S. Nuclear Regulatory Commission.
- 3. All documents crovided to or received from an attorney for or an employee of: (1) the Public Utilities Board of the City of Brownsville, Texas; (2) Tex-La Electric Cooperative, Inc.; (3) the Committee on Power for the Southwest; (4) Tex-La of Texas, Inc.;
(5) C. H. Guernsey Corporation; (6) Central and Southwest Corpors-tion and/or an, of its subsidiaries including without limitation Central Power and Light Company, West Texas Utilities Company, Public Service Company of Oklahoma and Southwestern Electric Power Company; and any documents referring or relating to or setting forth meetings or conversations with any of the aforementioned entities.
- 4. All documents referring or relating to or setting forth consideration given to ownership, or any other form of participation, in any nuclear powered electric generating plant.
- 5. All documents referring or relating to or setting forth the desirability or feasibility of interconnecting the electric systems in the Texas Interconnected Systems cad /or the Electric .,
Reliability Council of Texas with (1) the Southwest Power Pool, and/or (2) Western Systems Coordinating Council.
- 6. All documents referring or relating to or setting forth any adverse effects resulting from the present lack of interconnec-tions between the Texas Interconnected Systems and/or the Electric Reliability Council of Texas with (1) the Southwest Power Pool and/or (2) the Western Systems Coordinating Council.
- 7. All documents referring or relating to or setting forth each bulk power supply plan prepared by or for Cajun Electric Power Coop, Inc. since January 1, 1973.
- 8. All documents referring or relating to or setting forth eacn transmission study developed by or for the Cajun Electric Power Coop, Inc. in connection with any of the bulk power supply plans coverc in item number 7 above.
- 9. All documents referring or relating to or setting forth correspondence or contracts between Cajun Electric Power Coop, Inc. and any electric utility or electric cooperative concerning the purchase and/or sale of electric power.
1509 278
- 10. All docur.ents referring or relating to or setting forth any correspondence or contracts between Cajun Electric Power Coop, Inc. and any electric utility or electric cooperative concerning the purchase and/or sale of fuel to be used for the generation of electric power.
- \
4 1509 279
Instructions The pericd of ti=e for which documents are requested in-cludes the entire period from January 1,1970 to the date on which documents are made available for inspection and ccpying by Houston Lighting & Power Company c Texas Utilities Generating Company or their representatives.
Ecuston Lighting & Power Company and Texas Utilities Generating Ccmpany request that the Keeper of the Records identify the specific request or requests to which each docu=ent is responsive. Where possible, the Keeper of the Records is requestec to maintain the integrity of its filing and recordkeeping systems by producing together documents responsivle to this Subpcena, which are fcund together in the Keeper of the Records' files.
If you claim that any document requested hereunder is privileged, with respect to each such document, please provide the follcwing:
(a) date; (b) type of document; (c) identity of aunhor and addresses; (d) present location and custodian; (e) any other descriptien necessary to enable the custodian to locate the particular document; (f) the basis for the claimed privilege; and (g) a detailed description of the nature of any judicial protection alleged to be necessary to protect the privilege or confidential nature of any such document.
" Documents" means, without limiting the generality of its meaning, a~1 or original (or copies where originals are unavailable) and non-identical copies (whether different frc= originals by reason of notation made on such copies or otherwise) of all written, recorded or graphic matter, hcwever produced or reprcduced, whether or not now in existence, of correspondence, telegrams, notes or sound recordings of any type of conversation, meeting or cen-ference, minutes of directcrs' dr cc==ittee meetings, memoranda, inter-office cc==unicaticns, studies, analyses, notes, books., records, recorns, ct=maries and results of
\ investigations and tests,' reviews, contracts, agreements, 1509 280
pamphlets, diaries, calendar or dia en* 4es, maps, grachs, charts, statistical eca a '
a or papers sd I l ar to any of the foregoin h - *
- e , including a# s or any of the preliminary versionsforegoing and any su ec y"T' under-yrng or preparatory material.
\
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g e
\.
8
RETUmi ON SERVICE Received this subpcena at ................ ............ on and on ................ at ............. ..
..................... served it on the within named ........
..................... by delivering a copy to h.... and tendering to h.... the fee for one day's attendance and the mileage allcwed by law.
Dated ............ 19.... 3y...........................
\
Service Fees Travel ..................$
Services.................S Tota 1....................$
Subscribed and sworn to before me, a ...................
tf.is ..... day of .................., 19....
t 1509 282
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of S S
HOUSTON LIGHTING & POWER COMPANY S Docket Nos. 50-498A THE CIT OF SAN ANTONIO 5 50-499A THE CITY OF AUSTIN and S CENTRAL POWER AND LIGHT COMPANY S ,
S (South Texas Project, Units Nos. S 1 and 2) S
\\
SUBPOENA TO: Keeper of the Records Cajun Electric Power Coop, Inc.
P.O. Box 578 New Roads, Louisiana 70760 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act, as amended, and 10 C.F.R. 52.720, to make available for inspec-tion and copying at the Hilton Inn, Corporate Square, 5500 Hilton Avenue in the City of Baton Rouge, Louisiana on the 5th day of December, 1979 at 1:30 o' clock P.M. the document (s) or object (s) described in the attached schedule, and to appear at such time to testify by deposition on oral examination in the above-entitled action as to the records of the Cajun Electric Power Coop, Inc., and the manner of production of documents under this Subpoena.
1509 283
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By
............, 19....
J. Gregory Copeland g Attorney for Houston Lighting
& Power Company BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002 (713) 229-1234 10 C.F.R. 2.720 (f)
On motion made promptly, and in any event .,
at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is -
unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
1509 28^
SCHEDULE TO SUBPOENA All documents referring or relating to or setting forth instances of competition with Houston Lighting & Power Company and/or 1.
(2) Texas Power & Light Company and/or (3) Texas Electric Service Company, and/or (4) Dallas Power & Light Company; and any communi-cations with any of the aforementioned entities.
- 2. All documents provided to or received from the U.S. Depart-ment of Justice or the U.S. Nuclear Regulatory Commission in connec-tion with this action or the licensing of any nuclear powered electric generation plant. All documents referring or relating to or setting forth meetings or conversations with any attorney for or employee of the U.S. Department of Justice or U.S. Nuclear Regulatory Commission.
- 3. All documents provided to or received from an attorney for or an employGe of: (1) the Public Utilities Board of the City of Brownsville, daxas; (2) Tex-La Electric Cooperative, Inc.; (3) the Committee on Power for the Southwest; (4) Tex-La of Texas, Inc.;
(5) C. H. Guernsey Corporation; (6) Central and Southwest Corpors-tion and/or any of its subsidiaries including without limitation Central Power and Light Company, West Texas Utilities Company, Public Service Company of Oklahoma and Southwestern Electric Power Company; and any documents referring or relating to or setting forth meetings or conversations with any of the aforementioned entities.
- 4. All documents referring or relating to or setting forth consideration given to ownership, or any other form of participation, in any nuclaar powered electric generating plant.
- 5. All documents referring or relating to or setting forth the desirability or feasibility of interconnecting the electric systems in the Texas Interconnecte_ Systems and/or the Electric '
Reliability Council of Texas with (1) the Southwest Power Pool, and/or (2) Western Systems Coordinating Council.
- 6. All documents referring or relating to or setting forth any adverse effects resulting from the present lack of interconnec-tions between the Texas Interconnected Systems and/or the Electric Reliability Council of Texas with (1) the Southwest Power Pool and/or (2) the Western Systems Coordinating Council.
- 7. All documents referring or relating to or setting forth each bulk power supply plan prepared by or for Cajun Electric Power Coop, Inc. since January 1, 1973.
- 8. All documents referring or relating to or setting forth each transmission study developed by or for the Cajun Electric Power Coop, Inc. in connection with any of the bulk power supply plans covere in item number 7 above.
- 9. All documents referring or relating to or sett fo correspondence or contracts between Cajun Electric Power Coop, Inc. and any electric utility or electric cooperative concerning the purchase and/or sale of electric power.
g 10. ,All documents referring or relating to or setting forth any correspondence or contracts between C:jun Electric Power Coop, Inc. and any electric utility or electric cooperative concerning the purchase and/or sale of fuel tt se used for the generation of electric power.
\
N 1509 286
t Instructions
\
The period of tine for which documents are requested in-cludes the entire period from January 1,1970 to the date on which documents are made available for inspection and copying by Houston Lighting & Power Company or Texas Utilities Generating Company or their representatives.
Houston Lighting & Power Company and Texas Utilities Generating Cc=pany request that the Keeper of the Records identify the specific request or requests to which each document is respcnsive. Where possible, the Keeper of the Records is requested to maintain the integrity of its filing and recordkeeping systems by producing together docu=ents responsivle to this Subpcena, which are found together in the Keeper of the Records' files.
If you claim that any document requested hereunder is
- privileged, with respect to each such document, please g provide the folicwing:
(a) date; (b) type of document; (c) identity of author and addresses; (d) present location and custodian; (e) any other description necessary to enable the custodian to locate the particular document; (f) the basis for the claimed privilege; and (g) a detailed description of the nature of_any judicial protection alleged to be necessary to protect the privilege or confidential nature of any such document.
" Documents" means, without liniting the generality of its meaning, all or original (or copies where originals are unavailable) and non-identical copies (whether different frem originals by reason of notation made on such ccpies or otherwise) of all written, recorded or graphic matter, hefever prcduced or reproduced, whecher or not new in existence, -f correspondence, telegrams, notes or scund jecordings of any type of conversation, meeting or con-
-erence, minutes of directors' or c0=mittee meetines, me=cranda, inter-of fice cc=mu:.tcations , studies, analyses, notes, becks, records, reports, senmaries and resules of investiga:: ens and tests, review:, concracts, agreements, 1509 287
e pamphlets, diaries, calendar or diary entries, maps, graphs, charts, statistical records, computer data or papers similar to any of the foregoing, however dencminated, including preliminary versions, drafts or revisions of any of the foregoing and any supporting, underlying or preparatory material.
\
O 1509 288
RETURN ON SERVICE Received this subpoena at ................ ............ on
............... and on ................ at ............. ..
..................... served it on the within named ........
- ..................... by delivering a copy to h.... and tendering to h.... the fee for one day's attendance and the mileage allowed by law.
Dated ............ 19.... By...........................
s Service Fees Travel ..................S Services.................S Total....................$ ,
~
subscribed and sworn to before me, a ...................
this ..... day of .................., 19....
1509 289
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
HOUSTON LIGHTING & POWER COMPANY, ) Docket Nos. 50-498A et al. ) 50-499A
)
(South Texas Project, Units 1 )
and 2) )
)
)
TEXAS UTILITIES GENERATING COMPANY ) Docket Nos. 50-445A et al. ) 50-446A
)
(Comanche Peak Steam Electric )
Station, Units 1 and 2) )
i CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing:
Application of Issuance of Subpoenas to Jack Gambrell and the Keeper of the Records - Cajan Electric Power Coop.,
Inc.
were served upon the following persons, by hand *, or by deposit in the United States Mail, first class postage prepaid, this 21st day of November, '979.
UCC11 /
1509 290
Marshall E. Miller, Esquire Frederic D. Chanania, Esquire U.S. Nuclear Regulatory Commission Roy P. Lessy, Jr., Esquire Washington, D.C. 20555 Michael B. Blume, Esquire U.S. Nuclear Regulatory Commission Michael L. Glaser, Esquire Washington, D.C. 20555 1150 17th Street, N.W.
Washington, D.C. 20555 Roff Hardy Chairman and Chief Executive Sheldon J. Wolfe, Esquire Officer U.S. Nuclear Regulatory Commission Central Power and Light Company Washington, D.C. 20555 Post Office Box 2121 Corpus Christi, Texas 78403 Atomic Safety and Licensing Appeal Board Panel G. K. Spruce, General Manager U.S. Nuclear Regulatory Commission City Public Service Board Washington, D.C. 20555 Post Office Box 1771 San Antonio, Texas 78203 Chase R. Stephens, Supervisor (20)
Docketing and Service Branch Mr. Perry G. Brittain U.S. Nuclear Regulatory Commission President Washington, D.C. 20555 Texas Utilities Generatingscompany 2001 Bryan Tower Mr. Jerome D. Saltzman Dallas, Texas 75201 Chief, Antitrust and Idenmity Group R. L. Hancock, Director U.S. Nuclear Regulatory Commission City of Austin Electric Utility Washington, D.C. 20555 Post Office Box 1086 Austin, Texas 78767 J. Irion Worsham, Equire Merlyn D. Sampels, Esquire G. W. Oprea, Jr.
Spencer C. Relyea, Esquire Executive Vice President Wors ham, Forsyth & Sampels Houston Lighting & Power Compnay 2001 3ryan Tower, suite 2500 Post Office Box 1700 Dallas, Texas 75201 Houston, Texas 77001 ,,
Jon C. Wood, Esquire Joseph Gallo, Esquire Matthews, Nowlin, Mactarlano Robert H. Loeffler, Esquire
& Barrett Isham, Lincoln & Beale 1500 Alamo National Buildin..
1050 17th Street, N.W.
San Antonio, Texas 78205 Suite 701 Washington, D.C. 20036 Charles G. Thrash, Jr., Esquire E. W. Barnett, Esquire Michael I. Miller, Esqurie Theodore F. Weiss, Esquire David M. Stahl, Esquire J. Gregory Copeland, Esquire Martha E. Biggs, Esquire Baker & Botts James A. Carney, Esquire 3000 One Shell Plaza Isham, Lincoln & Beale Houston, Texas 77002 One Fir;t National Plaza Chicago, Illinois 60603 R. Gordon Gooch, Esquire Steven R. Hunsicker, Esquire Don R. Butler, Esquire Baker & Botts Sneed, Vine, Wilkerson, Selman 1701 Pennsylvania Avenue & Perry Washington, D.C. 20006 Post Office Box 1409 Austin, Taxas 78767 1509 ?91
Jerry L. Harris, Esquire W.S. Robson Richard C. Balough, Esquire General Manager City of Austin South Texas Electric Cooperative, Inc.
P.O. Box 1088 Route 6, Building 102 Austin, Texas 78767 Victoria Regional Airport Victoria, Texas 77901 Joseph B. Knotts, Jr., Esquire Nicholas S. Reynolds, Esquire Robert C. McDiarmid, Esquire Debevoise & Liberman Robert A. Jablon, Esquire 1200 17th Street, N.W. Marc R. Poirier, Esquire Washington, D.C. 20036 Spiegel & McDiarmid 2600 Virginia Avenue, N.W.
Don H. Davidson Washington, D.C. 20037 City Manager City of Austin Kevin B. Pratt P.O. Box 1088 Texas Attorney General's Office Austin, Texas 787F7 P.O. Box 12548 Austin, Texas 78711 Jay Galt, Esquire Looney, Nichols, Johnson & Hays William H. Burchette, Esquire s 219 Couch Drive Frederick H. Ritts, Esquire Oklahoma City, Oklahoma 73102 Law Offices of Northcutt Ely Watergate 600 Building Knoland J. Plucknett Washington, D.C. 20036 Executive Director Committee on Power for the South- Tom W. Gregg, Escuire west, Inc. P.O. Box Drawer 1032 5541 East Skelly Drive San Angelo, Texas 76902 Tulsa, Oklahoma 74135 Leland F. Leatherman, Esquire John W. Davidson, Esquire McMath, Leatherman & Woods, P.A.
Sawtell, Goode, Davidson & Tioilo 711 West Third Street 1100 San Antonio Savings Building Little Rock, Arkansas 72201 San Antonio, Texas 78205
Paul W. Eaton, Jr., Esquire Douglas F. John, Esquire Hinkle, Cox, Eaton, Coffield &
Akin, Gump, Hauer & Feld Hensley 1333 New Hampshire Avenue, N.W. 600 Henkle Building Suite 400 P.O. Box 10 Washington, D.C. 20036 Roswell, New Mexico 88201 David A. Dopsovic, Esquire Robert M. Rader, Esquire Frederick H. Parmeter, Esqui2e Conner, Moore & Corber Susan B. Cyphert, Esquire 1747 Pennsylvania Avenue, N.W.
Nancy A. Luque, Esquire Washington, D.C. 20006 Energy Section Antitrust Division U.S. Department of Justice W.N. Foolsey, Esquire P.O. Box 14141 Dyer and Redford Washington, D.C. 20044 1030 Detroleum Corous Christi, Texas 78474 Morgan Hunter, Esquire Bill D. St. Clair, Esquire ,
McGinnis, Lockridge & Kilgore Fifth Floor Texas State Bank Building 1509 292 300 Congress Avenue -
Austin, Texas 78701
Donald M. Clements, Esquire Gulf States Utilities Company P.O. Box 2951 Beaumont, Texas 77704 Dick Terrell Brown, Esquire 800 Milam Building San Antonio, Texas 78205 1509 297