ML19259B714
| ML19259B714 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 02/22/1979 |
| From: | Poirier M SPIEGEL & MCDIARMID |
| To: | |
| References | |
| NUDOCS 7903130577 | |
| Download: ML19259B714 (29) | |
Text
.. .
TERA m v
es UNITED STATES OF AMERICA N%
BEFORE THE NUCLEAR REGULATORY COMMISSION .
h #* 6
?
In the Matter of )
)
HOUSTON LIGHTING AND POWER CO., ) ,
et al. ) Docket Nos. 50-498A (South Texas Project, Units )
No. 1 and 2) )
)
_)
)
In the Matter of )
)
TEXAS UTILITIES GENERATING COMPANY, ) Docket Nos. 50-445A et al. ) 50-466A
)
(Comanche Peak Steam Electric )
Station, Units 1 and 2) )
TO: Marshall E. Miller, Esq., Chairman Atomic Safety & Licensing Board Panel APPLICATION FOR ISSUANCE OF SUBPOENAS The Public Utilities Board of the City of Brownsville, Texas, pursuant to 10 C.F.R. 52.720, hereby makes application for the issuance of subpoenas, attached hereto, as follows:
Subpoena for Deposition (1) Robert L. Wright, Union Carbide Corporation
?90313 oS77
_2_
Subpoena for Production of Documents (1) Keeper of the Records, Gulf States Utilities Co.
The subpoena for production of documents calls for
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documents from Gulf States Utilities Company ("GSU") that are relevant to the general issue of competition in the electric utility industry and, in particular, in Texas and adjacent areas. Areas addressed by the request include the effect of changing fuel supplies and of fuel planning on generation costs of utilities in Texas and adjacent areas; the extent of joint planning of generation and transmission facilities in Texas; relations of GSU, a company operating in interstate commerce, sith members of TIS, entirely intrastate; relations of GSU with municipal utilities (such as Brownsville) and cooperative utilities that are located in Texas.
The subpoena for deposition is directed towards a representative of Union Carbide Company, an industry with plants located in Texas, including a plant located in the Brownsville Navigation District that is in the process of changing its supplier of electric power. Central Power &
Light Company ("CP&L") has already requsted from the Board issuance of a subpoena directing Mr. Robert L. Wright of Union Carbide Company to appear at the Best Western Shellfish Inn, Highway 35 North, Box 2 e 7 in the City of Port Lavaca, Texas on the 16th day of March, 1979 at 9:30 A.M. CP&L stated to the Board that the purpose of this deposition was to develop further testimony made by Union Carbide in Texas Public Utilities Commission Docket No. 1776. Brownsville attorneys have been informed that this subpoena was returned, signed by Chairman Miller, to CP&L's attorneys.
Brownsville received notice of this deposition, and plans to have one of its attorneys in attendance, in order to protect its own interests in this proceeding. At the deposi-tion Brownsville may wish to direct its own questions to Mr.
Wright concerning competition in the electric utility industry in Texas, including alternative sources of energy supply and transmission services to Union Carbide plants located in Texas, and contacts between Union Carbide and representatives of any electric utility located in Texas.
These topics are within the purview of the deposition noticed by CP&L, and CP&L's attorney Mr. Ryan has stated that
there would be no objection to attorneys in attendance at the deposition putting direct questions to the deponent on any subject. Nevertheless, in order to be fully assured of the opportunity to raise the above-described topics at the deposition noticed by CP&L, Brownsville w' auld like to submit its own notice of deposition for the same time and place, specifying the areas in which Brownsville may wish to ask additional questions.
The Public Utilities Board of the City of Brownsville, Texas requests this Board to sign the enclosed subpoenas and return then to the undersigned at Spiegel & McDiarmid, Washington, D.C.
Respectfully submitted, OA L .'11t C ,
Marc R. Poirier One of the Attorneys for the Public Utilities Board of Brownsville, Texas SPIEGEL & MCDIARMID 2600 Virginia Avenue, N.W.
Washington, D.C. 20037 (202) 333-4500 Dated: February 22, 1979
UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
- Houston Lighting & Power Company ) Docket Nos. 50-498A The City of San Antonio ) and 50-499A The City of Austin )
Central Power & Light Company )
(South Texas Project, Unit Nos. )
1 and 2) )
)
)
In the Matter of )
)
TEXAS UTILITIES GENERATING COMPANY,) Docket Nos. 50-445A et al. ) 50-466A
)
(Comanche Peak Steam Electric )
Station, Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that I have caused a copy of the foregoing APPLICATION FOR ISSUANCE OF SUBPOENAS in the above captioned proceeding to be served on the following by deposit in the United States mail, first class, postage prepaid, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission internal mail system, this 22nd day of February, 1979.
- Marshall E. Miller, Chairman Joseph J. Saunders, Esquire Atomic Safety & Licensing Board Chief, Public Counsel &
Panel Legislative Section Nuclear Regulatory Commission Department of Justice Washington, D. C. 20555 P. O. Box 14141 Washington, D. C. 2^044
- Sheldon J. Wolfe, Esquire Atomic Safety & Licensing Board Joseph Gallo, Esquire Panel Richard D. Cudahy, Esquire Nuclear Regulatory Commission Robert H. Loeffler, Esquire Washington, D. C. 20555 Isham, Lincoln & Beale Suite 701 Michael L. Glaser, Esquire 1350 17th Street, N. W.
1150 17th Street, N. W. Washington, D. C. 20036 Washington, D. C. 20036
John D. Whitler, Esquire
- Joseph Rutberg, Esquire Ronald Clark, Esquire Antitrust Counsel Department of Justice Counsel for NRC Staff P. O. Box 14141 Nuclear Regulatory Commission Washington, D. C. 20044 Washington, D. C. 20555 Joseph Knotts, Esquire Chase R. Stephens, Chief Nicholas S. Reynolds, Esquire Docketing and Service Section Debevoise & Liberman Office of the Secretary 1200 17th Street, N. W.
Nuclear Regulatory Commission Washington, D. C. 20036 Washington, D. C. 20555 Douglas F. John, Esquire Joseph I. Worsham, Esquire Akin, Gump, Hauer & Feld Merlyn D. Sampels, Esquire 1100 Madison Office Building Worsham, Forsythe & Sampels 1155 15th Street, N. W. 2001 Bryan Tower, Suite 2500 Washington, D. C. 20)24 Dallas, Texas 75201 R. Gordon Gooch, Esquire Spencer C. Relyea, Esquire John P. Mathis, Esquire Wt . 'am, Forsythe & Sampels Baker & Botts 20b ,ryan Tower, Suite 2500 1701 Pennsylvania Avenue, N. W. Dallas, Texas 75201 Washington, D. C. 20006 R. L. Hancock, Director Robert Lowenstein, Esquire City of Austin Electric J. A. Bouknight, Jr., Esquire Utility Department Lowenstein, Newman, Reis & P. O. Box 10C8 Axelrad Austin, Texas 78767 1025 Connecticut Avenue, N. W.
Washington, D. C. 20036 Jerry L. Harris, Esquire City Attorney William J. Franklin, Esquire City of Austin Lowenstein, Newman, Reis & P. O. Box 1088 Axelrad Austin, Texas 78767 1025 Connecticut Avenue, N. W.
Washington, D. C. 20036 Richard C. Balough, Esquire Assistant City Attorney Frederick H. Ritts, Esquire City of Austin Law Offices of Northcutt Ely P. O. Box 1088 Watergate 600 Building Austin, Texas 78767 Washington, D. C. 20037 Dan H. Davidson Wheatley & Wolleson City Manager 1112 Watergate Office Building City of Austin 2609 Virginia Avenue, N. W. P. O. Box 1088 Washington, D. C. 20037 Austin, Texas 78767
Roff Hardy, Chairman and Chief Don R. Butler, Esquire Executive Officer Sneed, Vine, Wilkerson, Selman Central Power & Light Company & Perry P. O. Box 2121 P. O. Box 1409 Corpus Christi, Texas 78403 Austin, Texas 78767 G. K. Spruce, General Manger Morgan Hunter, Esquire City Public Service Board McGinnis, Lochridge & Kilgore P. O. Box 1771 900 Congress Avenue San Antonio, Texas 78203 Austin, Texas 78701 Jon C. Wood, Esquire Kevin B. Pratt, Esquire W. 7.oger Wilson, Esquire Assistant Attorney General Matthews, Nowlin, Macfarlane P. O. Box 12548
& Barrett Capital Station 1500 Alamo National Building Austin, Texas 78711 San Antonio, Texas 78205 Linda L. Aakar, Esquire Perry G. Brittain, President Assistant Attorney General Texas Utilities Generating P. O. Box 125/.3 Company Capital Station 2001 Bryan Tower Austin, Texas 78711 Dallas, Texas 75201 E. W. Barnett, Esquire John E. Mathews, Jr., Esquire Charles G. Thrash, Jr., Esquire Mathews, Osborne, Ehrlich, Baker & Botts McNatt, Gobelman & Cobb 3000 One Shell Plaza 1500 American Heritage Life Bldg.
Houston, Texas 77002 Jacksonville, Florida 32202 J. Gregory Copeland, Esquire Robert E. Bathen Theodore F. Weiss, Jr., Esquire R. W. Beck & Associates Baker & Botts P. O. Box 6817 3000 Or.c $"all Plaza Orlando, Florida 82803 Houston, rexas 77002 Somervell County Public Library G. W. rprea, Jr. P. O. Box 417 Execut ive Vice President Glen Rose, Texas 76403 Houstin Lighting & Power Company P. O. Box 1700 Maynard Human, General Manager Hous' ;, Texas 77001 Western Farmers Electric Coop.
P. O. Box 429 Aradarko, Oklahoma 73005
W. S. Robson, General Manager South Texas Electric Cooperative, Inc. James E. Monahan Route 6, Building 102 Executive Vice President and Victoria Regional Airport General manager Victoria, Texas 77901 Brazos Electric n ower Coop., Inc.
P. O. Box 6296 Michael I. Miller, Esquire Waco, Texas 76706 Richard E. Powell, Esquire Isham, Lincoln & Beale Judith Harris, Esquire One First National Plaza Department of Justice Chicago, Illinois 60603 P. O. Box 14141 Washington, D. C. 20044 David M. Stahl, Esquire Thomas G. Ryan, Esquire Jerome Saltzman, Chief Isham, Lincoln & Beale Antitrust & Indemnity Group One First National Plaza Nuclear Regulatory Commission Chicago, Illinois 60603 Washington, D. C. 20555 Knoland J. Plucknett Jay M. Galt, Esquire Executive Director Looney, Nichols, Johnson &
Committee on Power for the Hayes Southwest, Inc. 219 Couch Dic.'
5541 Skelly Drive Oklahoma City, Oklahoma 73101 Tulsa, Oklahoma 74135 G1C C S Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas
Subpoena for Deposition UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of )
)
HOUSTON LIGHTING AND POWER COMPANY ) Docket Nos. 50-498A THE CITY OF SAN ANTONIO ) 50-499A THE CITY OF AUSTIN and )
CENTRAL POWER AND LIGHT COMPANY )
)
(South Texas Project, Units Nos. )
1 and 2) )
SUBPOENA TO: Robert L. Wright Union Carbide Corporation Chemicals and Plastics Division P.O. Box 186 Port Lavaca, Texas 77979 YOU ARE HEREBY COMMANDED to appear at Best Western Shellfish Inn, Highway 35 North, Box 227 in the city of Port Lavaca, Texas on the 16th day of March, 1979 at 9:30 o' clock A.M. (and thereafter from day to day, if necessary) to testify on behalf of the Public Utilities Board of the City of Brownsville, Texas at the taking of a deposition in the above-entitled action pending before the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission. The subject matter of the deposition shall include all matters noticed by Central Power & Light Company for its deposition of Mr. Wright at the same date, hour, and 1ccation; and shall include competition in the electric utility industry in Texas,
Subpoena for Deposition Page Two alternative sources of energy supply to Union Carbide plants located in Texas (including Union Carbide's plant in the Brownsville Navigation District), and contacts between Union Carbide and representatives of any electric utility located in Texas (including Central Power & Light Company).
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By
............., 19....
Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & McDIARMID loud Virginia Avenue., NW Washington, D.C. 20037 (202) 333-4500 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 sub-poena 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 sub-poena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) con-dition denial of the motion on just and reasonable terms.
RETURN ON SERVICE Received this subpoena at .....................on
.................and on........... at.................
............ .......... served it on the within named.....
............ by deliverir.g a copy to h... and tendering to h... the fee for one day's attendance and the mileage allowed by law.
Dated.........., 19.... By......... ...............
Service Fees Travel.............$
Services...........S Total.......... ...S Subscribed and sworn to before me, a ........................
this ........ day of ..............., 19....
Subpoena for Production of Documents UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
HOUSTON LIGHTING AND POWER COMPANY ) Docket Nos. 50-498A THE CITY OF SAN ANTONIO ) 50-499A THE CITY OF AUSTIN and )
CENTRAL POWER AND LIGHT COMPANY )
)
(South Texas Project, Units Nos. )
1 and 2) )
SUBPOENA TO: Keeper of the Records Gulf States Utilities Company 285 Liberty Street Beaumont, Texas YOU ARE HEREBY COMMANDED to make available for inspec-tion and copying at 285 Liberty Street in the city of Beaumont, Texas on the 12th day of March, 1979 the documents (s) or object (s) described in the attached schedule.
Subpoena for Production of Documents Page Two BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By
.............., 1979 Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & McDIARMID 2600 Virginia Avenue NW Washington, D.C. 20037 (202) 333-4500 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 sab-poena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavilable, the Commission may (1) quash or modify the sub-poena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) con-dition denial of the motion on just.and reasonable terms.
SCHEDULE TO SUBPOENA FOR PRODUCTION OF DOCUMENTS 1.(a) Please produce maps sufficient to indicate all actual and projected GSU transmission and subtransmission lir.as located within the State of Texas since 1965.
(b) Please produce maps indicating present GSU distribution facilities within 50 miles of any area served by any electric utility that is a member of the Electric Reliability Council of Texas ("ERCOT").
- 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 (" TIS"), or by GSU and two or more operating companies that are members of the Texas Interconnected System (including acti.ons by representatives of such companies), including, but not limited to, joint reports or studies, joint planning of generation or transmission expansion, and meetings of any kind.
- 3. Please produce all documents relating to GSU's gas supply that involve any other electric utility located in whole or in part within Texas. This request includes, but is no t limited to, entitlements, ownership interests or any other form of control of or access to gas, and includes projections or potential supply. The scope of this request is from January 1, 1972 to date. Exclude routine billing documents.
4.(a) Please produce all fuel contracts in effect at any time from January 1, 1972 to the present.
(b) Please produce copies of the Uniform Statistical Report to the Edison Electric Institute from 1972 to the present.
(c) 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.
(d) Please produce copies of the FERC Form 1 from 1972 to the present.
(e) Please produce copies of the FERC Form 12 from 1972 to the present.
(f) Please produce load flow diagrams for the main transmission system from 1972 to date, including summer peak, winter peak, and a typical off-peak period.
5.(a) Produce all documents relating to each offer of participation in any nuclear electric generating unit located in Texas, made or received by GSU.
(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.
6.(a) Please produce all documents relating to transmission services, actual or potential, by GSU to each of the following:
(i) any municipally owned or operated electric utility located in whole or in part in Texas; (ii) any cooperative or rural electric cooperative located in whole or in part in Texas; (iii) any other electric utility that is a member of TIS.
Please note that transmission services as defined includes transmission of power and/or energy generated by GSU.
(b) Please produce all documents relating to construc-tion of additional transmission facilities, or to increasing the capacity of existing transmission facilities, actual or potential, by GSU for the purpose of providing transmission services to any of the electric utilities listed in (a) (i)-(iii) above.
7.(a) Please produce all documents relating to intercon-nection and/or interconnected operation of GSU with any other electric utility located in whole or in part within the geographic boundaries of the State of Texas. Exclude routine billing and log data.
(b) To the extent not otherwise provided or supplied in response to this subpoena for production of documents, please produce copies of any interconnection agreements entered into between GSU and any other electric utility located in whole or in part within the geographical boun-daries of the State of Texas.
8.(a) Please produce all documents relating to policy for the sale of power, actual, planned or potential, or to establishing terms for the sale of power, from GSU to any of the following:
(i) any municipally owned or operated electric utility located in whole or in part in Texas; (ii) any electric cooperative or rural electric cooperative located in whole or in part in Texas; (iii) any other electric utility that is a member of TIS.
Exclude billing and log data.
(b) Please produce all documents relating to policy for participation, actual, planned or potential, or to establishing terms for any participation, by any electric utility listed in (a) (i)-(iii) above in any generation facility of which GSU is whole or part owner.
- 9. Please produce 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 located in whole or in part within the State of Texas, including, but not limited to, studies and analyses.
- 10. Please produce all contracts or agreements between GSU and any municipally or cooperatively owned and/or operated electric utility located in whole or in part in Texas.
- 11. Please produce documents sufficient to indicate the rates of GSU for all classes of customers since January 1, 1970.
12.(a) Please produce all documents relating to each or potential offer by GSU of any special rate or individually designed rate to any customer, including, but not limited to, industrial or commercial customers whose peak load has ever exceed 2,000 kw? The scope of this request is from January 1, 1957. Exclude routine billing documents.
(b) Please produce all documents relating to any spe-cial rate or individually designed rate that GSU offered or cosidered offering to any potential new industrial customer since January 1, 1957. Exclude routine billing documents.
13.(a) Please produce all principal documents relating to each reason for which GSU does not operate in synchronism with any electric utility that is a member of TIS.
(b) Please produce all documents relating to the relative advantages to any electric utility of operating solely within the State of Texas and operating in interstate commerce.
(c) Please produce all documents relating to any study or report bv any electric utility, or by any state or federal agency that regulates electric utilties, the subject of which relates to, in whole or in part, potential operation of any electric utility or utilities actually operating solely within the State of Texas so as to place such utility or util-ities into interstate commerce. (For purposes of this
request, operation in interstate commerce includes the defi-nition in FPC v. Florida Power & Light Co., 404 U.S. 453 (1972). ) This request includes documents relating to com-munications between GSU and any other electric utility relating to any study or report described above.
14.(a) Please produce all documents relating to the wholesale sale of power and/or energy by GSU to College Station, Texas.
(b) Please produce all documents relating to the rate and terms under which GSU sells or will sell power and/or energy to College Station, Texas.
(c) Please produce all documents relating to the construction of transmission lines and/or interconnections to College Station, Texas.
- 15. Please produce all documents relating to actual, potential, possible or contemplated competition between GSU and any other electric utility located in the State of Texas.
- 16. Please furnish a copy of any information or docu-ments provided formally or informally to any of the following: CP&L, WTU, PSO, SWEPCO, CSW, TP&L, DP&L, TESCO, TU, HL&P, the Texas Public Utilities Commission, the United States Department of Justice, the Staf f of the United States Nuclear Regulatory Commission, relating to any cf the following proceedings:
(a) In the Matter of Houston Lighting & Power Co. et al. (South Texas Project, Units 1 and 2), NRC Docket Nos.
50-498A and 50-499A;
(b) In the Matter of Texas Utilities Generating Company (Comanche Peak Steam Electric Station, Units 1 and 2), NRC Docket N's. 50-445A and 50-446A; (c) In tha Matter of Central and South West Corporation, et al., SEC Administrative Proceeding File No.
3-4951; (d) West Texas Utilities Company et al. v. Texas Electric Service Company, et al., No. CA3-76-0633-F, United States District Court (N. D. Texas, Dallas Division);
(e) In the Matter of the Emergency Hearing on Intrastate and Interstate Service of Texas Interconnected System, Docket No. 14, Public Utilities Commission of Texas.
INSTRUCTIONS The period of time for which documents are requested includes the entire period from January 1, 1965 to tne date on which documents are made available for inspection and copying to the Public Utilities Board of the City of Brownsvile, Texas ("Brownsville") or its representatives.
Brownsville reqcests that the Keeper of the Records identify the specific request or requests to which each document is responsive. Where possible, the Keeper of the Records is requested to maintain the integrity of Union Carbide's filing and recordkeeping systems by producing together documents responsive to this Subpoena, which are f ound together in the Keeper of the Records' files.
If you claim that any document requested hereunder is privileged, with respect to each such documents, please pro-vide the following:
(a) date; (b) type of document; (c) identity of author and addressee; (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.
DEFINITIONS A. " Documents" mean all writings and records of every type in the actual or constructive possession, control, or custody of GSU, its directors, officers, employees, con-sultants, or agents, including but not limited to contracts, memoranda, correspondence, reports, surveys, tabulations, churts , books , pamphlets , photographs , maps , bulletins ,
minutes, notes, diaries, log sheets,' ledgers, transcripts, microfilm, i. neuter 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 GSU, 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 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.
D3 " Identify," when used with respect to documents, means that the type of document, author, recipient (s) of the original, recipient (s) of copies, date, and subject of the
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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 acdress (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.
E. "Representativo" 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 C., who at a particular formal or informal meeting, or in a particular document or communication, appears 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 relating 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 tne feregoing that owns, controls, or operates, or proposes or is studying tne 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 electric 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 '-wer 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, whccher 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,,
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- ' a 1 mv exchance soinnin
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. " Gulf States Utilities" or "GSU" shall be understood to include its parent, direct or indirect subsidiary, affi-liated, or predecessor companies and any entities providing eleer.ic service at wholesale or retail, the properties or assets of whch have been acquired by GSU.
K. " 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.
L. " Houston Lighting & Power Company" or "HL&P" shall be understood to include its parent, direct or 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 prcviding eletric service at wholesale or retail, the properties or assecs of which have been acquired by TP&L.
N. " Dallas Power & Light Company" or "DP&L" shall be understood to include its parent, direct or indirect subsidiary e
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 or 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 or indirect subsidiary, affil-iated, 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 or 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 or 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 or 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 or indirect subsidiary and all predecessor companies, including, but not limited tc, Texas Utilities Company, Dallas Power &
Light Company, Texas Electric Service Company and Texas Power
& Light Company.
U. " South Texas Units" shall be understood to refer to the nuclear generating units for which applicants in the above-captioned proceeding have obtr.ined a construction per-mit from the Nuclear Regulatory Commission.
RETURN ON SERVICE Received this subpoena at ................... ......... on
........... and on .............. at ......................
............ ...... served it en 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 ....... ................
Service Fees Travel .............. S Services ... ........ S Tctal.................S ,
Subscribed and sworn to before me, a .......................
this .. .... day of ............, 19......