ML19259B294

Initial Interrogatories & Request for Production of Documents,Submitted to Central Power & Light from Public Utilities Board of Brownsville,Tx.Certificate of Svc Encl

ML19259B294
Person / Time
Site:	South Texas
Issue date:	01/03/1979
From:	Mcdiarmid R SPIEGEL & MCDIARMID
To:
Shared Package
ML19259B292	List: ML19259B291 ML19259B294
References
NUDOCS 7901260016
Download: ML19259B294 (33)

Text

- UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of Houston Lighting & Power Company )

The City of San Antonio )

The City of Austin ) Docket Nos. 50-498A, Central Power & Light Company ) and 50-499A (South Texas Project, Units )

No. 1 & No. 2) )

INITIAL INTERROGATORIES TO AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY CENTRAL POWER & LIGHT COMPANY FROM THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS Pursuant to Sections 2.740, 2.740(b) and 2.741 of the Nuclear Regulatory Commission's Rules of Practice under the Atomic Energy Act, the Public Utilities Board of the City of Brownsville, Texas ("Brownsville") hereby files initial interrogatories to and requests the production of documents by Central Power & Light Company ("CP&L").

I. GENERAL INSTRUCTIONS

1. Each interrogatory should be answered separately and fully in *Titing under oath or affirmation by the person (or persons) making it.

2. Each document produced in response to this request should be referenced with the number (s) of the relevant request and subsection, if any. Should any of the documents requested pursuant to this set of interrogatories and requests for document production have already been made available for Brownsville's inspection, it will be suf-ficient to note this fact and to provide the following information: (1) document production number, if any; (2) 79012600l(p

date, author, addressee (if any), persons receiving distribu-tion of such document or copies thereof; (3) a description of the nature of the document; and (4) the particular request and item number in response to which the document has pre-viously been produced.

3. Responses to interrogatories and requests for the production of documents shall be served upon the follcwing persons:

Robert C. McDiarmid, Esquire Robert A. Jablon, Esquire Marc R. Poirier, Esquire Spiegel & McDiarmid 2600 Virginia Avenue, N. W.

Washington, D. C. 20037

4. Documents should be provided by CP&L as they become available, but in any event no later than 30 days after the date of this request.

5. Pursuant to the directive of the Board, issued at the prehearing conference on June 21, 1978, these interroga-tories and requests for documents are of a continuing nature and require supplemental answers should CP&L generate or obtain further pertinent information or documents between the time its answers are filed and its documents produced and the time of the evidentiary hearing.

II. DEFINITIONS A. " Documents" mean all writings and records of every type in the actual or constructive possession, control, or custody of CP&L, its directors, officers, employees, con-sultants, or agents, including but not limited to contracts, memoranda, correspondence, reports, surveys, tabulations,

• charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, diaries, log sheets, ledgers, transcripts, microfilm, computer printouts, vouchers, accounting state-ments, telegrams and telegraphic communications, engineering diagrams (including "one-line diagrams"), mechanical and electrical recordings, records of telephone communications, speeches and all other records, written, electrical, mecha-nical, or otherwise.

" Documents" shall also mean copies of documents, even though the originals thereof are not in the possession, custody, or control of CP&L, and every copy of a document which contains handwritten or other notations, or which in any other manner does not duplicate the original, or any other copy furnished pursuant to this request.

B. " Communications" shall include, without limiting the generality of its meaning, all conversations between two or more persons either in person or by telephone, all state-ments, speeches, declarations and comments, and shall include documents as defined in II.A. above.

C. " Person" shall mean any natural person, company, association, firm, corporation, cooperative, rural electric cooperative, municipality, joint stock association, or any political subdivision, agency or instrumentality of the federal, state, or municipal governments, or a lawful asso-ciation of any of the foregoing, or any entity that produces, generates, transmits, distributes, purchases, sells, or fur-nishes electricity.

. D. " Identify," when used with respect to documents, means that the type, author, recipient (s) of the original, recipient (s) of copies, date, and subject of the document should be specified.

" Identify," when used with respect to communications means that the type of communication, maker of the com-munication, persons communicated to, persons for whom the communication was intended, date and subject of the com-munication should be specified.

" Identify," when used with reference to any cor-poration, association, cooperative, or other legal entity, means to state the name and current address of said organiza-tion or entity; if the current address is unknown, provide the last known address.

" Identify," when used with respect to any person, means that the person's name, current business address (or current mailing address for persons now retired), current job title, and employer, should be specified. If the current address is unknown, please provide the last known address.

Where more than one request in this series asks for identification of a document, communication, legal entity, or person, in response to the second and subsequent requests, please provide the name of a corporation, legal entity or person, or the date and author or maker of a document or communication, along with a reference to the response in which a full identification was provided.

. -5 E. " Representative" shall be understood to include, without limiting the generality of its meaning, any director, officer, employee, contractor, or consultant, of any person as defined in II.C., who at a particular formal or informal meeting, or in a particular document or communication, appear to participate in the meeting, or in the making of or the receipt of the document or communication, on behalf of or as agent for, said person. Whether or not a representative has actual authority as an agent of the person is irrelevant to his or her status as a representative.

F. " Relating to" or " relate" means consisting of, referring to, reflecting, or being in any way legally, logically or factually connected with. Requests " relating to" a sub-ject or item should be understood to include possible or con-templated actions as to such subject or item. For example, a request for documents relteing to interconnection plans would include documents relating to interconnection arrangements that have been considered but rejected.

G. " Electric utility" means a private corporation, cooperative, rural electric cooperative, municipality, joint stock association, or any political subdivision, agency or instrumentality of federal, state, or municipal governments, or a lawful association of any of the foregoing that owns, controls, or operates, or proposes or is studying the possi-bility of owning, controlling, or operating, facilities for the generation, transmission and/or distribution of electricity.

H. " Transmission services" shall mean the undertaking by a utility to transmit power and/or energy for any other electric utility, whether the power and/or energy is generated by the first utility or by any other electric util-ity. " Transmission services" shall also include the sale by a utility of transmission capacity without energy.

" Transmission services" include wheeling.

I. " Interconnection" shall mean the physical junction of the electric transmission systems of two or more elo.tric utilities so that electricity may flow over the junction according to location of points of power generation and power usage, in the same manner as electricity flows over the lines of an individual electric system. A junction nor-mally maintained in an open position is considered an inter-connection. A junction by which a lower voltage system is joined to a transmission line through a transformer is con-sidered an interconnection.

" Interconnected operation" between two or more electric utilities shall mean a method of operation in which electri-city flows over interconnections between the electric transmission and/or subtransmission systems of the electric utilities in the same manner as electricity flows along the lines of an individual electric system, whether or not such flow of electricity occurs pursuant to the terms of an inter-connection agreement. " Interconnected operation" includes all forms of interchange, including sales, purchases or exchange of energy or capacity, reserves sharing, firm power, emergency, maintenance, seasonal, economy exchange, spinning

reserves and any similar transactions.

" Interconnection agreement" shall mean an agreement governing the rates, metering, and other terms and conditions under which interconnected operation occurs.

J. " Central Power & Light Company" or "CP&L" shall be understood to include its parent, direct or indirect sub-sidiary or predecessor companies and any entities providing electric service at wholesale or retail, the properties or assets of which have been acquired by CP&L.

K. "Af filiated Company," when used in the context "CP&L and/or any affiliated company", or "any affiliated company of CP&L", means Central and South West Corporation, its sub-sidiaries, West Texas Utilties Company, Public Service Company of Oklahoma, Southwestern Electric Power Company, CSR Services, Inc., and any other subsidiary of Central and South West Corporation, and all subsidiaries of such subsidiaries.

L. " Houston Lighting & Power Company" or "HL&P" shall be understood to include its parent, direct and indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by HL&P.

M. " Texas Power & Light Company

• or "TP&L" shall be understood to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing eletric service at wholesale or retail, the properties or assets of which have been acquired by TP&L.

N. " Dallas Power & Light Company" or "DP&L" shall be understood to include its parent, direct and indirect subsidiary

affiliated, or predecesor companies and any entities pro-viding electric service at wholesale or retail, the proper-ties or assets of which have been acquired by DP&L.

O. " Texas Electric Service Company" or "TESCO" shall be understood to include its parent, direct and indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by TESCO.

P. " West Texas Utilities" or "WTU" shall be understood to include its parent, direct and indirect subsidiary, affi-liated, or predecessor companies and any entities providing electric service at wholesale or retail, the properties or assets of which have been acquired by WTU.

Q. " Southwestern Electric Power Company" or "SWEPCO" shall be understood to include its parent, direct and indirect subsidiary, affiliated, or predecessor companies and any entities providing electric service at wholesale or retail, the properties or assets of which have been acquired by SWEPCO.

R. "Public Service Company of Oklahoma" or "PSO" shall be understood to include its parent, direct and indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by Public Service Company of Oklahoma.

S. " Central & South West Corporation" or "CSW" shall be understood to include its parent, direct and indirect subsidiary, affiliated, or predecessor companies and any entities pro-viding electric service at wholesale or retail, the proper-

ties or assets of which have been acquired by CSW.

T. " Texas Utilities" or "TU" shall mean Texas Utilities Generating Company, its parent, affiliated, direct and indirect subsidiary and all predecessor companies, including, but not limited to, Texas Utilities Company, Dallas Power &

Light Company, Texas Electric Service Company and Texas Power

& Light Company.

U. " South Texas Units" shall be understcod to refer to the nuclear generating units for which applicants in the above-captioned proceeding hold construction permits issued by the Nuclear Regulatory Commission.

III. DOCUMENTS NO LONGER IN CP&L'S POSSESSION, CUSTODY, OR CONTROL:

If any document otherwise responsive to any request was, on or after December 19, 1970 (date of enactment of P. L.91-560), but is no longer in CP&L's possession, or subject to CP&L's control, or in existence, state whether (1) it is missing or lost, (2) has been destroyed, (3) has been trans-ferred voluntarily to others, or (4) has been otherwise disposed of. In each instance, explain the circumstances surrounding such disposition and identify the person (s) directing or authorizing its destruction or transfer, and the date(s) of such direction or authorization. Identify each such document by listing its author and addressee, type (e.g., letter, memorandum, telegram, chart, photograph, etc.), date, subject matter, whether the document (or copies) are still in existence , and if so, their present location (s)

and custodian (s).

IV. SCOPE OF PRODUCTION:

Each paragraph below, unless otherwise specified, refers to all documents made, sent, dated or received from January 1, 1965 to date, in CP&L's possession, custody, or control.

V. DOCUMENTS WITHHELD AS PRIVILEGED:

If any documents within any description set out below are withheld by reason of any assertion of privilege, iden-tify each such document by date, description, and type, ide n-tify all persons preparing and/cc receiving each document, and state the privilege asserted, and the reasons that, in CP&L's opinion, justify the assertion of privilege as to each document.

V!. INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS:

1. Please produce all maps showing CP&L's transmission, subtransmission and/or distribution facilities, actual or pro-jected, in CP&L's service areas adjacent to the areas served by Brownsville.

2. Please produce all documents relating to any joint actions, actual or contemplated, by three or more operating companies.that are members of the Texas Interconnected System or representatives of three or more operating companies that are members of the Texas Interconnected System, including, but not limited to, joint reports or studies, joint planning of generation or transmission expansion, and meetings of any kind. This request excludes agendas and minutes of annual or other regular meetings of TIS or its standing committees.

3. Please describe the manner in which agendas and minutes are prepared for TIS meetings and meetings of TIS committees and subcommittees. For TIS and for each TIS com-mittee and subcommittee, please answer the following:

(a) Who is generally responsible for preparation and determination of subjects to be considered?

(b) Do prepared agendas and minutes actually reflect the substance of all discussion had during such meetings? If not, describe how actual discussion may deviate from the pre-pared agendas.

The scope of this interrogatory extends to all periods in which meetings of TIS or TIS committees or subcommittees have been held.

4. Please produce the South Texas Interconnected System

("STIS") generation studies referred to in the March 14, 1972 Memorandum f rom John Meyer of HL&P to :nembers of the STIS Technical Advisory Committee, including but not limited to:

" Plan 1 - 1983 (revised copy)

" Plan I-A - 1981 (revised copy)

" Contingencies 1981 - Loss of each line to joint plant Nl for total of five (5) cases."

5.(a) What is the purpose of ERCOT? Describe fully the functions of ERCOT, bGth formal and informal, with respect to the following areas:

(i) planning for construction of new generation facili-ties by any member electric utilities; (ii) planning for construction of new transmission

facilities by any member electric utilities; (iii) spinning reserves of any member electric utility; (iv) central dispatch by any member electric utility; (v) fuel acquisition by any or all member electric uti-lities; (vi) interconnected operation by any or all member electric utilities.

(b) Describe fully the way in which CP&L and/or any affiliated company are affected by, or take into account, the activities and/or decisions of ERCOT with respect to each of areas (i) through (vi) listed in (a) above.

(c) Produce all documents relating to (a) or (b) above.

6. (a) What is the purpose of TIS? Describe fully the functions of TIS, both formal and informal, with respect to the following areas:

(i) planning for construction of new generation facili-ties by any member electric utilities; (ii) planning for construction of new transmission facilities by any member electric utilities;

( iii) spinning reserves of any member electric utility; (iv) central dispatch by any member electric utility; (v) fuel acquisition by any or all member electric utilities; (vi) interconnected operation by any or all member electric utilities.

(b) Describe fully the way in which CP&L and/or any affiliated company are affected by, or take into account, the

activities and/or decisions of TIS with respect to each of areas (i) through (vi) listed in (a) above.

(c) Produce all documents relating to (a) or (b) above.

7.(a) What is the purpose of STIS? Describe fully the functions, both formal and informal, of STIS with respect to the following areas:

(i) planning for construction of new generation facili-ties by any member electric utilities;

( ii) planning for construction of new transmission facilities by any member electric utilities; (iii) spinning reserves of any member electric utilities; (iv) central dispatch among any or all member electric utilities; (v) fuel acquisition by any or all member electric utilities; (vi) interconnected operation by any or all member electric utilities.

(b) Describe fully the way in which CP&L and/or any affiliated company are affected by, or take into account, the activities and/or decisions of STIS with respect to each of areas (i) through (vi) listed in (a) above.

8. Please provide any documents relating to any com-parison of ERCOT and TIS and/or STIS. Please identify any communications of which CP&L and/or any affiliated company is aware relating to any such comparison. Please produce all documents relating to each such communication. Where com-munications described in this request are documents, the document may be produced in lieu of identifying the commun-

ciations.

9. Please state all reasons that CP&L and/or any affi-liated company has considered for and against operation in interstate commerce. Please provide principal documents relating to each such reason.

10. Please produce all indexes or other descriptions, either partial or complete, computerized and/or manually created, to discovery documents produced in response to interrogatories and document requests propounded in West Texas Utilities Co. v. Texas Electric Service Co., Case No.

CA3-76-0633F (N. D. Texas, Dallas Div.) or in other related proceedings as noted in the Licensing Board's Special Prehearing Conference Order in the above-captioned proceeding dated July 13, 1978.

11. Please produce all documents relating to CP&L's gas supply and/or the gas supply of any company affiliated with CP&L, including entitlements, ownership interests or any other form of control of or access to gas, and including projections or potential supply for or covering the period 1972 to date.

Exclude routine billing documents.

12. To the extent not otherwise produced or supplied in response to this interrogatory and data request, or to pre-vious related interrogatories and data requests, please pro-duce all documents since January 1, 1970 relating to any agreements or understandings, formal or informal, whether contemplated or actually made, and to all discussions or any other form of communication concerning such agreements or understandings, between CP&L and any affiliated company or

between CP&L and/or any affiliated company and any other electric utility relating to:

(a) sales, purchases, transfers, deliveries, exchanges, coordination, or scheduling of natural gas use during periods of gas curtailment; (b) sales, purchases, transfers, deliveries, exchanges, coordination or scheduling of capacity or energy to offset increased costs associated with gas cur-tailments.

13. In responding to this request (Number 13), please provide information separately for CP&L, for WTU, for SWEPCO, and for PSO.

(a) Please identify all fuel contracts in effect at any time from January 1, 1972 to the present. Please include expiration dates and renegotiation dates for all such contracts. Please produce all such contracts.

(b) Please provide the unit cost of power or energy purchased from any other clectric utilities, by utility and by month, from January 1, 1972 to date. Please list cost for demand and energy separately. Please list separately or itemize each type of power produced, e.g., firm power, eco-nomy power, scheduled maintenance power, etc.

(c) Please provide the average fuel cost in mills /kwh for self-generated energy by month from January 1972.

(d) Please provide the average unit price of energy sold by month from January, 1972 to date. Exclude any demand or fixed costs.

(e) Please produce load duration curves by day and week

for the winter and summer peak period for each year from 1972 to date. Please include both actual load duration curves and those depicting projected load duration through 1990, if available, prepared from 1972 to date.

(f) Please produce projected mill rate dispatch tables from 1972 through 1990.

(b) Please produce copies of the Uniform Statistical Report to the Edison Electric Institute from 1972 to the present.

(h) Please produce copies of the FERC Form 423 from its inception to date. For periods from January 1972 to date for which a Form 423 is unavailable, please produce copies of any report or reports made to the Texas Public Utilities Commission or its predecessors that contain equivalent information.

( i) Please produce copies of the FERC Form 1 from 1972 to the present. For any year within this period for which no Form 1 is available, please produce copies of any report or reports made to the Texas Public Utilities Commission or its predecessors that contain equivalent information; and in any event provide, from whatever source, information equivalent to that contained on the following FERC Form i schedules:

422-423 purchased power 424 interchange power 425 transmission by or for others 431 electric energy account; monthly peaks and output 432-441 generating plants

442-444 transmission line statistics; transmission added during the year 445 substations (j) Please produce copies of the FERC Form 12 from 1972 to the present. For any year within this period for which no Form 12 is available, please produce copies of any report or reports made to the Texas Public Utilities Commission or its predecessors that contain equivalent information; and in any event provide, from whatever source, information equivalent to that included on the following schedules of FERC Form 12:

1 capacity and output of system generating plants 2 system hydroelectric data 3 plant data - small plants 4 hydroelectric plant data 4-A pumped storage plant data 5 steam-electric, including nuclear, plant data 7 internal-combustion engine and gas-turbine plant data 8 itemized accounting of energy transfers 9 system energy accounting for the year 18 system maps and diagrams (k) Please provide load flow diagrams for the main transmission system from 1972 to date, including summer peak, winter peak, and a typical off-peak period.

14. Please produce all documents relating to any arrangements of CP&L and/or any affiliated company relating to power generated at the Falcon Dam, the Amistad Dam or any other hydroelectric generating facility, including acquisi-

tion, use, coordinating, scheduling, and direct purchase.

15. Please produce all documents relating to the purchase, sale or any other form of capacity and/or energy exchange by CP&L and/or any affiliated company of power and/or energy to or from the Comision Federal de Electricidad, the Servicios Electricos de Piedras Negras, or any other electric utility in Mexico, including but not limited to documents relating to the costs and feasibility of such transactions. The scope of this request is from January 1, 1957 to the present.

16. Please produce all agreements and supporting materials filed with the Federal Energy Regulatory Commission in any proceedings under any of the following dockets and all documents relating to filings, agreements or supporting materials in these dockets:

(a) FERC Docket No. E-9556; (b) FERC Docket No. E-6723 (c) FERC Docket No. IT-5026; (d) FERC Docket No. E-6109 (e) FERC Docket No. E-6129.

17.(a) Describe all offers of participation in the Soutb Texas Units 1 and 2, including all electric utilities to which offers were made, the representative (s) by whom each offer was made, the representative (s) of each utility to which offers were made, the date of each such offer, and the terms of each such offer.

(b) Produce all documents relating to participation, actual or potential, by any electric utility in the South

Texas Units, including the terms and conditions, limitations or restrictions of such participation.

(c) Identify all communications among officers, repre-sentatives or employees of CP&L or any communication between officers or representatives of CP&L and any other person, relating to participation in the South Texas Units by any other electric utility. Provide all documents relating to each such communication. If documents provided in response to (b) above fully identify a particular communication, no further response is required as to that particular com-munication.

18.(a) Please provide all documents relating to the Power Purchase Agreement (" Agreement") between Central Power

& Light and the City of Brownsville, Texas, signed January 1, 1972, including, but not limited to, documents relating to:

(i) provision by CP&L and/or any affiliated company of power supply pursuant to the obligations set forth in the Agreement; (ii) actual or potential use of transmission and subtransmission lines and facilities, and interconnection facilities and tie pursuant to Article II, S 4 of the Agreement, including the obligation to make improvements and additions to existing transmission and subtransmission lines and facilities, and interconnection f acilities and tie ,

pursuant to Article II, S 5 of the Agreement; (iii) actual or potential renewal of the Agreement as provided in Article VI, S 8 of the Agreement.

(b) What has CP&L done "to make improvements and addi-

tions to its existing electric facilities in order to meet

[its] obligation to furnish [Brownsville] firm power and energy" as provided in Article II, S 5 of the Agreement?

(c) Provide all documents relating tc the power supply needs and the availability of power to Brownsville. The scope of this request is from January 1, 1957 to the present.

(d) Provide all documents relating to the actual or potential provision by CP&L and/or any affiliated company of poder to Brownsville, including actual and potential transmission and subtransmission lines to Brownsville. The scope of this request is from January 1, 1957 to the present.

(e) Provide all documents related to the power supply agreement between CP&L and Brownsville dated December 23, 1965. The scope of this request is from January 1, 1960 to the present.

19.(a) Please list all CP&L 138 kv or higher voltage transmission lines now under construction or planned or being considered for construction. Indicate end points of the line, a description of the route, the line's voltage, and the

. expected dates of commencement and completion of construction and of operation.

(b) Please list all CP&L transmission and subtransmission lines now under construction or planned or being considered, located in whole or in part south of CP&L's 138/69 kV lines from La Palma to Los Fresnos and from Los Fresnos to Port Isabel. Include end points of each line, a description of the route, the line's voltage, and the expected dates of commencement and completion of construction

and of operation.

(c) For each line listed in (a) or (b) above, please list all considerations relating to the decision (whether past

c. future) to construct the line.

(d) Please provide all documents relating to each line listed in response to (a) or (b) above, and to each con-sideration listed in response to (c) above.

20(a) Please describe fully the policy of CP&L and/or any af filiated company concerning transmission services. Has this policy changed since August 1977? If so, please state the reasons for such change.

(b) Please furnish copies of all documents, including but not limited to, interoffice memoranda, notes or memoranda for the file, feasibility studies and reports which relate to matters referred to in the August 3, 1977 letter from Aaron Autry to H. E. Hastings, attached hereto.

21.(a) Please produce all documents relating to transmission services, actual or potential, by CP&L and/or any affiliated company, to each of *he following:

( i) the electric utility system operated by the Public Utility Board of Brownsville;

( ii) any other m"wicapally owned or operated electric utility; (iii) any at.,illuted company of CP&L; (iv) any electric utility operating in Mexico; (v) any other electric utility that is a member of TIS; (vi) any cooperative or rural clectric cooperative.

(b) Please pr7 duce all documents relating to construc-tion of additional transmission facilities, or to increasing

22 -

the capacity of existing. transmission facilities, actual or potential, by CP&L and/or any affiliated company, for the purpose of providing transmission services to any of the electric utilities listed in (a) (i)-(vi) above.

22. To the extent not otherwise provided or supplied in response to this interrogatory and data request, or to pre-vious interrogatories and data requests, please produce all documents relating to interconnection and/or interconnected operation of CP&L and/or any affiliated company with any other electric utilities.

23.(a) Please produce copies of all interconnection agreements entered into between CP&L and any other party from July 1, 1976 to date.

(b) To the extent not otherwise provided or supplied in response to this interrogatory and document request, or to previous related interrogatories and document requests, please produce copies of any interconnection agreements entered into between any affiliated company of CP&L and any other electric utility, including any affiliated company of CP&L.

24.(a) To the extent not otherwise provided or supplied in response to this interrogatory and document request, or to ,

previous related interrogatories and document requests, please produce al' documents relating to the sale of power, actual, planned or potential, or to establishing terms for the sale of power, from CP&L and/or any affiliated company, to any of the following:

(i) the Public Utilities Board of the City of Brownsville; (ii) any other municipal electric system;

( iii) any electric cooperative or rural electric cooperative.

Exclude billing and log data.

(b) Please produce all documents relating to par-ticipation, actual, planned or potential, or establishing terms for any participation, by any electric utility listed in (a) (i)-(iii) above in any generation facility of which CP&L and/or an affiliated company is whole or part owner.

(c) Please produce all documents relating to joint par-ticipation by CP&L and/or any affiliated company and any util-ity listed in (a) (i)-(iii) above in any research, study or project relating to the use of geothermal, biomass, or solar energy as an actual or potential source of electric power.

25.(a) Please provide all documents relating to electric service to the Brownsville Navigation District (" Port"), to any user of electricity located at or in the Port, or to any industry located in an area served by or certified to be served by Brownsville or its predecessors at any time since January 1, 1957, regardless of whether electricity is generated by a customer or sold to it by CP&L or Brownsville.

Include all documents relating to power supply to serve such users, to reliability of service, to terms and conditions of service, cost, benefits, or competition. Include economic or other analyses of actual or potential service.

(b) Please identify all communications between officers

or representatives of CP&L and/or any affiliated company, and any other person, including members of, or employees of, any governing boards, city commissions, or utility commissions responsible for the overall operation of the Brownsville electric system, relating to electric service to the Port, to any user of electricity located at or in the Port, or to any industry located in an area served by, or certified to be served by, Brownsville or its predecessors, at any time since January 1, 1957. Please produce all documents relating to each such communication. If documents produced in response to this request (including part (a)) fully identify a par-ticular communication, no further information is necessary with respect to that particular communication. The scope of this request is from January 1, 1957 to the present.

(c) Please provide all documents relating to:

( i) advantages, disadvantages, or evaluations of ser-vice by CP&L to any customer or potential customer or group that is in or within 15 miles of the area served by Brownsville or its predecessor; (ii) advantages, disadvantages, or evaluations of ser-vice to such customers by Brownsville or its predecessor; (iii) any comparison of any aspect of service to such customers by CP&L and Brownsville or its predecessor. The scope of this request is from January 1, 1957 to the present.

(d) Please identify all communications between any officer or representative of CP&L and/or any affiliated company to any other person, including members of, or employees of, any governing boards, city commissions or utility commissions

responsible for the overall operation of any municipally or cooperatively owned and/or operated electric utility, relating to any advantages, disadvantages, evaluations or comparisons of any aspect of service of CP&L and/or any affi-liated company and/or of service of any municipally and/or cooperatively owned and/or operated utility. Please provide all documents related to each such communication. If docu-ments provided in response to this request (including parts (a) and (b)) fully identify a particular communication, no further information is necessary with respect to that par-ticular communication. The scope of this request is from January 1, 1957 to the present.

26.(a) Please produce all documents relating to any attempt, whether actual or contemplated, by CP&L to acquire or to lease all or part of the electric system operated by the Public Utilities Board of the City of Brownsville, or its predecessors. The scope of this request is from January 1, 1957 to the present.

(b) Please produce all documents relating to any attempts, whether actual or contemplated, by CP&L and/or any affiliated company to acquire or to lease, either in whole or in part, the electric facilities of any municipally or cooperatively. owned electric utility located in or adjacent to CP&L's service territory or that of any affiliated company. The scope of this request is from January 1, 1957 to the present.

(c) Identify any communications relating to any acquisition or lease attempt referred to in (a) or (b) above between officers or representatives of CP&L and/or any affiliated

company, and any other person, including but not limited to, members of, or employees of, any governing boards, city com-missions or utilities authorities responsible in any way for the overall operation of such municipally or cooperatively owned electric utilities. Please provide all documents relating to each such communication. If documents produced fully identify and describe the substance of a particular communication, no further response is required with respect to that particular communication.

27. Please provide all documents relating to the power supply, transmission requirements, and/or competitive posi-tion of any municipally or cooperatively owned and/or operated electric utility, including, but not limited to stud-ies and analyses.

28. Please produce all contracts or agreements between CP&L and any municipally or cooperatively owned or operated electric utility which were not produced as interconnection agreements in response to Request No. 14 of Houston Lighting

& Power Company's First Request for Production of Documents Pursuant to Rule 34, dated January 30, 1976 in West Texas Utilities, etc., Case No. CA3-76-0633F.

29.(a) Please list all industrial customers and commer-cial customers of CP&L and/or any affiliated company whose peak load has ever exceeded 2,000 kw, for which service by CP&L and/or any affiliated company in a particular location commenced after January 1, 1970. Please indicate the first month of service for each such customer and, where known, whether that customer was previously located in another loca-

tion, and, if so, indicate that previous location.

(b) Please produce all documents from January 1, 1970 to the present relating to inquiries by potential new industrial customers concerning rates or services of CP&L end/or any affiliated ocmpany or any other benefits of loca-tion in areas served by CP&L and/or any affiliated company, whether or not such benefits relate to services or electric power provided. Whether or not any particular industrial customer actually chose or may choose to locate in territory served by CP&L and/or any affiliated company is irrelevant to the scope of this request.

(c) Please produce copies of all documents relating to communications from any actual industrial or commercial customer of CP&L whose peak load has ever exceeded 2,000 kw, concerning CP&L rates or services, or concerning any expan-sion of the customer's plant that would result in an increase in power consumed. Exclude routine billing documents, but include documents relating to any inquiry or questioning of rates or of specific bills. The scope of this request is from January 1, 1970 to the present.

30. Please list all industrial or commercial customers of CP&L and/or any affiliated company whose peak load has ever exceeded 2,000 kw, that have terminated purchases of power or services from CP&L and/or any affiliated company since January 1, 1970. With respect to each such customer, indicate the month of termination, and, if known, whether the customer moved to another location, and, if so, ind ica te that location. Please provide all documents relating to each

termination of services by a customer described in this request.

31. Please provide rates of CP&L, WTU, PSo, and SWEPCO, for all classes of customers since January 1. 1970.

32. Please describe the job positions and respon-sibilities of each of the following CP&L employees in 1971.

Also indicate the responsibility of each listed employee with respect to the setting of CP&L's rates, and w;th respect to the negotiation of CP&L contracts:

Aaron Autry M. L. Borchelt B. M. Davis S. B. Denton R. E. Horine H. K. Howard C. A. Mast Hans Nissel W. C. Prince W. G. Siegelin J. E. Taylor 33.(a) Since January 1, 1957, has CP&L and/or any affil-iated company ever offered or considered offering any spe-cial rate or individually designed rate to any customer, including, but not limited to, industrial or commercial custom-ers whose peak load has ever exceeacd 2,000 kw?

(b) Has CP&L and/or any affiliated company ever con-sidered offering y special rate or individually designed rate to any potential new industrial customer since

January 1, 1957?

(c) If your answer to (a) and/or (b) is in the affir-mative, please provide all documents relating to each such offer or rate, or potential offer or rate. Exclude routine billing documents from this request.

(d) If your answer to (a) and/or (b) is in the affir-mative, please provide all documents relating to every com-munication with any such industrial or commercial customer or potential new industrial customer that occurred in the year in which the offer was made or considered, and the two years preceeding and the two years following the year in which the offer was made or conside. red. Exclude routine billing docu-ments. Documents produced in response to No. 29 (b) or (c) of this request need not be referenced in response to No.

33(d).

34.(a) To the extent not produced or previously supplied in response to this interrogatory and data request, or to previous interrogatories and data request, please pro-duce all documents relating to actual, potential, possible or contemplated competition between CP&L and any other electric utility.

(b) To the extent not produced or previously supplied in response to this interrogatory and data request, or to previous interrogatories and data requests, please produr:e all documents relating to actual, potential, possible, or contemplated competition between any affiliated company of CP&L and any other electric utility.

(c) To the extent not produced or previously supplied

in response to this interrogatory and data request, or to previous interrogatories ar~ data requests, please provide all documents in the actual or constructive possession of CP&L and of each affiliated company relating to power supply, cost of generation, cost to customers, or reliability of ser-vice of any electric utility other than the electric utility in possession of the document.

(d) Please identify all communications by any officer or representative of CP&L and/or any affiliated company, to any other person, including members of, or employees of, any governing boards, city commissions, or utility commissions responsible for the overall operation of any municipally or cooperatively owned and/or operated electric utility, relating to any subject described in (a), (b) or (c) above.

Please produce all documents related to each such com-munication. If documents produced in response to this interrogatory and data request, or to previous interroga-tories and data requests, fully identify a particular com-munication, no further information is necessary with respect to that particular communication.

35. Please furnish a copy of all of CP&L's responses to interrogatories and document requests submitted to CP&L in the instant proceeding by any other party.

36. Please update responses to all interrogatories and data requests received by CP&L and/or any affiliated com-pany in this proceeding or in any related proceeding (listed at pages 6-7 of the Special Prehearing Conference Order of July 13, 1978 in the above-captioned proceeding), the discov-ery of which has been ordered to be treated in party of the

discovery in this proceeding.

37. Please identify the persons who prepared or assisted in the preparation of CP&L's response to each of the foregoing requests.

Respectfully submitted, Robert C. McDiarmid Attorney for the Public Utilities Board of the City of Brownsville, Texas Law Offices of:

Spiegel & McDiarmid 2600 Virginia Avenue, N.W.

Washington, D.C. 20037

CERTIFICATE OF SERVICE I hereby certify that a coe.v of the forevcine. Initial Interrogatories to and First Request for Production of Documents by Central Power & Light Company frem the Public Utilities Board of the City of Brownsville, Texas has been served on each of the following persons by deposit in the United States mail, first class postage prepaid, this 3rd day of January, 1979.

Marshall E. Miller, Esquire Sheldon J. Wolfe, Esquire U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 e- v_ G.

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Office of the. Secretary of the 2001 Bryan Tower Commissien Dallas, Texas 75201 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 R. L. Hanccck, Director C_4 _7_ o _' n' "- .*. '. _4. ._ T _7 a_ c ' _ _d _-

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Executive Vice President Richard S. Salzman, Escuire Ecusten Lighting & Pcwer Cc.

C.S. Nuclear Regulatory Ccemissicn P.O. Box 1700 Wash'ngton, D.C. 20555 Ecuston, Texas 77001 Jercme E. Sharfman, Esquire Jon C. Wecd, Esquire U.S. Nuclear Regulatcry Ccemission W. Roger Wilsen, Esquire Washing:cn, D.C. 20555 Matthews, Newlin, Macfarlane

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Chase R. Stephens, Secretary 1500 Alanc National Building Decketing and Service Section San Antcnic, Texas 73205 U.S. Nuclear Regula:Ory Ccemissicn Washing:en, D.C. 20555 Joseph Gallo, Esquire R4cna,.a __ D. .u..a_w..,. - ..; r_- o

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Washington, D.C. 20555 Washing cn, D.C. 20036 m..c . :_ u.a -ay we c..aai" -- _. '

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Jerry L. Harris, Esquire Jay M. Galt, Esquire

, City Attorney Looney, Nichols, Johnson & Hayes Richard C. Balough, Esquire 219 Couch Drive Assistant City Attorney Oklahoma City, Oklahoma 73101 City of Austin P.O. Box 1088 Knoland J. Plucknett Austin, Texas 78767 Executive Director, Committee on Power for the Southwest, Inc.

Dan H. Davidson 5541 East Skelly Drive City Manager Tulsa, Oklahoma 74135 City of Austin P.O. Box 1088 W. S. Robson Austin, Texas 78767 General Manager, South Texas Electric Cooperative, Inc.

Don R. Butler, Esquire Route 6, Building 102 1225 Southwest Tower Victoria Regional Airport Austin, Texas 78701 Victoria, Texas 77901 Joseph Irion Worsham, Esquire R. Gordon Gooch, Esquire Merlyn D. Sampels, Esquire John P. Mathis, Esquire Spencer C. Relyea, Esquire Baker & Botts Worsham, Forsythe & Sampels 1701 Pennsylvania Avenue, N.W.

2001 Bryan Tower, Suite 2500 Washington, D.C. 20006 Dallas, Texas 75201 Robert Lowenstein, Esquire Joseph Knotts, Esquire J.A. Bouknight, Jr., Esquire Nicholas S. Reynolds, Esquire William J. Franklin, Esquire Debevoise & Liberman Lowenstein, Newman, Reis & Axelrad 806 15th Street, N.W. 1025 Connecticut Avenue, N.W.

Washington, D.C. 20005 Washington, D.C. 20036 Ronald Clark, Esquire E. W. 3arnett, Esquire Energy Section Charles G. Thrash, Jr., Esquire Antitrust Division J. Gregory Copeland, Esquire Department of Justice Theodore F. Weiss, Jr., Esquire P.O. Box 14141 Baker & Botts Washington, D.C. 20044 3000 One Shell Plaza Houston, Texas 77002 Douglas F. John, Esquire Akin, Gump, Hauer & Feld Kevin B. Pratt, Esquire 1100 Madison Office Building Assistant Attorney General 115? 15th Street, N.W. P.O. Box 12548 Washington, D.C. 20024 Capital Station Austin, Texas 78711 Morgan Hunter, Esquire McGinnis, Lochridge & Kilgore Frederick H. Ritts, Esquire 900 Congress Avenue Law Offices of Northcutt Ely Austin, Texas 78701 Watergate 600 Building Washington, D.C. 20037 Roberr C. McDiarmic Attorney for the Public Utilities Board of the City of Brownsville, Texas