ML19257A069

Response to Tx Pirg Motion to Compel Discovery Responses. Provides Answers to Interrogatories 6,7 & 9 by Producing J Davis 770121 Memo to Jg Reese & DD Sykora 761220 Internal Memo to Kr Hinckley.Certificate of Svc Encl

ML19257A069
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	12/14/1979
From:	Biddle C, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	TEXAS PUBLIC INTEREST RESEARCH GROUP
References
NUDOCS 8001020038
Download: ML19257A069 (6)

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.p- yim UNITED STATES OF AMERICA -

eh j NUCLEAR REGULATORY COMMISSION 6 @ g #. 73 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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% df/4 9 In the Matter of S Y es S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear S Generating Station, Unit S No. 1)

APPLICANT'S RESPONSE TO TEXPIRG'S MOTION TO COMPEL DISCOVERY RESPONSES The matters addressed by TexPirg's motion raise issues that are not in controversy in this proceeding. The Board has so ruled on two prior occasions (Board's Order of September 26, 1979; Board's Order of November 7, 1979). We note, however, on rereading the motion to compel that the thrust of TexPirg's interrogatory is to elicit information that is, in any event, clearly set out in the licensing documents. At p. S.I.1-2 of the ER Supplement there is the unequivocal statement that "HL&P has dealt specifically with the conservation and price elasticity issues by including price and income as variables in the forecasting models. "~1/

Applicant's forecasting model is, in turn, explained in detail at pages SH-72 through SH-82 of the ER Supplement.

1/ According to TexPirg's motion, this is exactly what it was told by Mr. Edwards in his testimony in the referenced rate hearings.

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Thus, there is absolutely no way that TexPirg could have been "kept in the dark" about the way in which Applicant's forecasting model takes into account energy conservation.

Applicant also notes that TexPirg's interrogatory was written prior to the Board's Order of November 7.

Therefore, the interrogatory has obviously not been rewritten to come within the scope of the Board's November 7 Order. In an effort to accommodate TexPirg, Applicant will not object, on the grounds of timeliness, to properly framed interrogatories addressed to the issue of whether or how the forecast model accounts for TexPirg's proposed conservation measures set out in Contention 7.Thd~2/

interrogatory in question here is improper because it is not so limited and TexPirg's motion to compel should be denied.

INTERROGATORIES NO. 6, 7 & 9.

Applicant has made available to TexPirg all documents-in its possession relevant to these interrogatories, which is all it is required to do under Rule 34 of the Federal Rules of Civil Procedure and Section 2.741 of the Commission's Rules of Practice. In fact, TexPirg has responded in exactly the same fashion when asked to 2/ Applicant believes it would be appropriate to give TexPirg 10 days from the date of the Board's Order to resubmit interrogatories.

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" identify" items. Without waiving any rights to follow the same course of conduct in the future, Applicant provides the following response as a matter of courtesy:

INTERROGATORY NO. 6& 7:

Letter from Jack Davis, General Manager of GCWDA to Mr. John G. Reese, Chairman of Board and Chief Executive Officer of HL&P, dated January 21, 1977.

Internal memorandum from D. D.

Sykora, Vice-President of Customer Relations to K. R. Hinckley, Group Vice President of External Relations, dated December 20, 1976.

INTERROGATORY NO. 9:

Untitled and undated internal memorandum concerning a meeting between representatives of HL&P and GCWDA, Respectfully submitted, 0' D h OF COUNSEL: J. Gregory Copeland V' C. Thomas Biddle, Jr.

BAKER & BOTTS Charles G. Thrash, Jr.

3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 Jack R. Newman .

Robert H. Culp 1025 Connecticut Avenue, N.W.

Washington, D.C.

ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY 3/ See "TexPirg Responses to HL&P Interrogatories" (Third)

(Sept. 7, 1979), answers 3 & 20.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to TexPIRG's Motion to Compel Discovery Responses in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this /yfh day of December,1979.

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenua, M . W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555 1665 093

Steve Schinki, Esq. Carolina Conn Staff Counsel 1414 Scenic Ridge U.S. Nuclear Regulatory Commission Houston, Texas 77043 Washington, D. C. 20555 Elinore P. Cumings John F. Doherty Route 1, Box 138V 4327 Alconbury Street Rosenberg, Texas 77471 Houston, Texas 77021 Stephen A. Doggett, Esq.

Robert S. Framson P. O. Box 592 Madeline Bass Framson Rosenberg, Texas 77471 4822 Waynesboro Drive Houston, Texas 77035 Robin Griffith 1034 Sally Ann Carro Hinderstein Rosenberg, Texas 77471 8739 Link Terrace Houston, Texas 77025 Leotis Johnston 1407 Scenic Ridge D. Marrack Houston, Texas 77043 420 Mulberry Lane Bellaire, Texas 77401 Rosemary N. Lemmer 11423 Oak Spring Brenda McCorkle Houston, Texas 77043 6140 Darnell Houston, Texac 77074 Kathryn Otto Route 2, Box 62L F. H. Potthoff, III Richmond, Texas 77469 7200 Shady Villa, #110 Houston, Texas 7,7055 Frances Pavlovic 111 Datonia Wayne E. Rentfro Bellaire, Texas 77401 P. O. Box 1335 Rosenberg, Texas 77471 Charles Perez 1014 Montrose James M. Scott, Jr. Houston, Texas 77019 8302 Albacore Houston, Texas 77074 William Schuessler 5810 Darnell Bryan L. Baker Houston, Texas 77074 1118 Montrose Houston, Texas 77019 Patricia L. Strelein Route 2, Box 395C Dorothy F. Carrick Richmond, Texas Box 409, Wagon Rd. Rfd. #1 Wallis, Texas 77485 1665 094

Glen Van Slyke 1739 Marshall Houston, Texas 77098 Donald D. Weaver P. O. Drawer V Simonton, Texas 77476 -

Connie Wilson 11427 Oak Spring Houston, Texas 77043 Mr. J. Morgan Bishop 11418 Oak Spring, Texas 77043 5

C. Thomas Biddle , JrL/

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