ML19260C786
| ML19260C786 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 01/17/1980 |
| From: | Cyphert S JUSTICE, DEPT. OF |
| To: | |
| Shared Package | |
| ML19260C787 | List: |
| References | |
| NUDOCS 8002060070 | |
| Download: ML19260C786 (13) | |
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I
Before the Atomic Safety and Licensing Board f
In the Matter of
)
llOUSTON LIGtiTING AND PCiiER
)
Docket Nos. 50-498A COMPANY, et al. (South
)
50-499A Texas Project, Units 1
)
and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, et al. (Comanche
)
50-446A Peak Steam Electric
)
Station, Units 1 and 2)
)
APPLICATION FOR ISSUANCE OF SUBPOti,NAS The Department of Justice
(" Department"), pursuant to 10 C.F.R. 52.720, hereby makes an application for the issuance of a subpoena to testify for to Mr.
D.
Eugene Simmons, a Vice President of Ilouston Lichting & Powe r Company ( "liL& P" ),
who also has been designated as an expert witness by HL&P in these proceedings.
Mr. Simmons was previously deposed by the Department on October 17-18, 1979 however, several new events compel the continuation of Mr. Simmon's deposition before the close of factual discovery.
On October 25, 1979 the Atomic Safety and Licensing Board ruled 1/ that documents listed in Appendix C to the Department's Motion to Compel Production By llouston Lighting & Power Company, dated July 11, 1979,
(" Department's Motion") need not be produced by liL&P since "[the] Department has made no showing that the documents in question ( Appendix C) 1930 116
,1,/ Order Regardigg Documents hithheld Undor Claims of. Privilege by flouston Lighting & Power Co., dated October 25, 1979 (" Order")
8002060 d78
i I
have been or will be relied upon by Mr.
D.E. Simmons in formulating his testimony as a witness." 1/ Therefore the Department seeks an opportunity to determine any relian e by Mr. Simmons on these documents since the tim,e of his previous deposition the Department had no notice of the requirements of the Board's Order.
Furthermore after Mr. Simmon's deposition he gave a presentation on behalf of HL&P concerning the subject of a direct current ("DC") interconnection between ERCOT and the SWPP at an informal conference of parties involved in the PURPA proceeding at the Federal Energy Regulatory Commission. 2/
held on October 30, 1979.
This presentation by Mr.
Simmons revealed that he had a greater understanding of the subject of a DC interconnection than he acknowledged at his deposition (see, e.g.,
Simmons Deposition October 17, 1979, pp. 319-324 attached hereto as Exhibit A).
The Department wishes to again question Mr. Simmmons regarding
- additional knowledge this matter since he apparently now '
regarding this subject than he did hot have at the time of his deposition.
Finall in late December, depositions of the officers of Texas Util ties Company System ("TU") revealed that TU 1930 117 1/ Order supra, at p.
3.
2/ Central Power and Light Company et al., FORC Docket No.
L L7 'J - U. This proceeding was instituted by the operating companies of Central and Southwest Corporation (CSG) who seek relief under Sections 202, 203, 204 and 205 of the Public Utililties Regulatory Policies Act ("PURPA")(Public Law No.95-617(1978)).
' d M.mer y
-hem e
+.-.
i has recently withdrawn its of fer to sell its Forest Grove plant to llLLP.
The Department also wishes to further pursue i
this matter with Mr. Simmons, i'
The Department requests that Mr.
D.
Eugene Simmons be made available to testify on January 30, 1980.
The Department will be deposing other hL&P officers in Houston the week of January 28 and the deposition of Mr. Simmons on this date should be convenient to the parties.
Respectfully submitted,
& } l?
$$'bM
' Ib'I5 Susari F3raden CyIIdert
~
Attorney Antitrust Division lia s h i ng t o n,
D.C.
U.S. Department of Justice January 17, 1980 (202-724-6667) 1930 118
Civil Subpoena To Testify
~
3)inileh Dh.iles af Amnint e
NUCLEAll IR:GULATORY COM'4 T.9 S ION A
Y in the natter til:
I!OUSTON LIGIITING AND POWER COMPANY, et al. (South Texas Project, Units 1 and 2)
IX)CliMT NO. 50-4 9 8A 5
TEXAS UTILITIES GENERATING COMPANY 50-499A (Comanche Peak Steam Electric 50-445A Station, Units 1 and 2) 50-44'6A TO D. Eugene Simmons llouston Lighting and Power Company P.O.
Box 1700 llous ton, Texas 77001 D@C D '9 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) HOUSTON LIGilTING AND POWER ) Docket Nos. 50-498A CO., et al.(South Texas ) 50-499A Project, Units 1 and 2) ) ) TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanche Peak ) 50-446A Steam Electric Station, ) Units 1 and 2) ) CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Application for Issuance of Subpoenas has been made on the following parties listed hereto this 17th day of January 1980, by depositing copies thereof in the United States mail, first class, postage prepaid. Marshall E. Miller, Esquire Alan S. Rosenthal, Esquire Chairman a m Ato c Safety & Licensing Board g Farrar, Esquire Thomas S. Moore, Esquire U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D. C. 20555 U.S. Nuclear Regulatory mmission Michael L. Glaser, Esquite Washington, D. C. 20555 1150 17th Street, N.W. Washington, D. C. 20036 Jerome E. Sharfman, Esquire U.S. Nyclear Regulatory Sheldon J. Wolfe, Esquire 1 " At i Safety & Licensing Board {' g D. C. 20555 U.S. Nuclear Regulatory Chase R. Stephens, Secretary Docketing and Service Branch Wa o D. C. 20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D. C. 20555 Office of the Secretary of the mm sion Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 1930 120
Mr. William C. Price Roy P. Lessy, Esquire Central Power & Light Co. Michael Blume, Esquire P. O. Box 2121 U.S. Nuclear Regulatory Corpus Christi, Texas 78403 Commission Washington, D. C. 20555 G. K. Spruce, General Manager City Public Service Board Jerry L. Harris, Esquire P.O. Box 1771 City Attorney, San Antonio, Texas 78203 Richard C. Balough, Esquire Assistant City Attorney Perry G. Brittain City of Austin President P.O. Box 1088 Texas Utilities Generating Austin, Texas 78767 Company 2001 Bryan Tower Robert C. McDiarmid, Esquire Dallas, Texas 75201 Robert A. Jablon, Esquire Spiegel and McDiarmid R.L. Hancock, Director 2600 Virginia Avenue, N.W. City of Austin Electric Washington, D. C. 20036 Utility Department P. O. Box 1088 Dan H. Davidson Austin, Texas 78767 City Manager City of Austin G. W. Oprea, Jr. P. O. Box 1088 Executive Vice President Austin, Texas 78767 Houston Lighting & Power Company Don R. Butler, Esquire P. O. Box 1700 1225 Southwest Tower Houston, Texas 77001 Austin, Texas 78701 Jon C. Wood, Esquire Joseph Irion Worsham, Esquire W. Roger Wilson, Esquire Merlyn D. Sampels, Esquire Matthews, Nowlin, Macfarlane Spencer C. Relyea, Esquire & Barrett Worsham, Forsythe & Sampels 1500 Alamo National Building 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201 David M. Stahl, Esquire Joseph Knotts, Esquire Isham, Lincoln & Beale Nicholas S. Reynolds, Esquire Suite 701 Debevoise & Liberman 1050 17th Street, N.W. 1200 17th Street, N.W. Washington, D. C. 20036 Washington, D. C. 20036 Michael I. Miller, Esquire Douglas F. John, Esquire James A. Carney, Esquire Akin, Gump, Hauer & Feld Sarah N. Welling, Esquire 1333 New Hampshire Avenue, N.W. Isham, Lincoln & Beale Suite 400 4200 One First National Plaza Washington, D. C. 20036 Chicago, Illinois 60603 1930 121
Morgan llunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A. Bouknight, Esquire 5th Floor, Texas State Bank William J. Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 1025 Connecticut Avenue, N.W. Washington, D. C. 20036 Jay M. Galt, Esquire Looney, Nichols, Johnson E. W. Barnett, Esquire & Hayes Charles G. Thrash, Jr., Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F. Weiss, Jr., Esquire Baker & Botts Knoland J. Plucknett 3000 One Shell Plaza Executive Director Houston, Texas 77002 Committee on Power for the Southwest, Inc. Kevin B. Pratt, Esquire 5541 East Skelly Drive Assistant Attorney General Tulsa, Oklahoma 74135 P.O. Box 12548 Capital Station John W. Davidson, Esquire Austin, Texas 78711 Sawtelle, Goode, Davidson & Tioilo Frederick H. Ritts, Esquire 1100 San Antonio Savings Law Offices of Northcutt Ely Building Watergate 600 Building Sap Antonio, Texas 78205 Washington, D.C. 20037 W. S. Robson Donald M. Clements, Esq. General Manager Gulf States Utilities Company South Texas Electric P.O. Box 2951 Cooperative, Inc. Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co. P. O. Box 841 Robert M. Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave., N.W. W. N. Woolsey, Esquire Washington, D.C. 20006 Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Chrini, Texas 78474 John P. Mathis, Esquire Baker & Botts j 1701 Pennsylva~nia Avenue, N.W. gg;,p ,'ygd Washington, D. C. 20006 Susan B. Cyphert, Attorney Energy Section Antitrust Division Department of Justice 1930 122 oq' em o g o aM
EXIIICIT A 1 interconnection today? g
- mind to study that AC 2 !
the possible cost involved are of such a i A
- Well, i
3 ! magnitude that if it required a study of several hundred 4 h thousand dollars in cost to satisfy the concern of whether s l the cost was justified or not, then I would think it would be l 6 ! justified. 7 MR. NEISS: Just to clarify the record, your l iquestion was whether he thought the study was justified 8 0 ltoday? to the question was intended to l MR., CII ANANI A : No, ask him whether or not he felt if the cost to study the 11 i Gulf States-liL&P AC interconnection was several hundred 12 13 I thousand dollars, whether or not he thought that kind of 3 Oa q: D tr 14 icost could be justified. Dqp D JU d\\aljdl\\jMr l l MR. hEISS : Okay. I am not sure I understand what 35 i 10 ' that means, but I guess he has answered the question. I I MR. CilANAMIA: To be honest, I am not exactly sure, 17 : l 18 but I think he did. ~ 1930 123 BY MR. CIIANANIA: 1 20 Mr.'SImmons, have you considered a DC inter-Q lconnectionbetweenllL&PandGulfStatesUtilities? 21 2? I have considered that as a possibility, yes. A When did you first begin consideration of a DC 23 0 24 interconnection, or DC tic? A Ucll, I have felt for many years that any inter-25 'cIlce 9eslc:a{ cAcjw:lcu, $nc. 444 74 0f t T H C A PIT Ot. % T H t' I' T W A *A tt fig To rf. On ?cJ38 (* 02) 3 4 7-37CO
1 i connection between ERCOT and Southwest Power Pool would be 2 better made with a DC basis than on a synchronous basis. 3 O And can you tell me the reasons why you felt {that way? . j, i.. e 5 A Because.the consequences of the surges of power, G and the loss of governing action on ERCOT are considerabic. 7 with the synchronous interconnection, and they siraply, do not 8 i! exist uith the DC interconnection. g,. 9 .;. 0, Then I take it you view the DC interconnection _as 10 Ijan asynchronous interconnection, if it were put in place, t 11 between ERCOT and Southuest Power Pool? 12 A Yes, by definition it is an asynchronous in te r-- connection. D qqD qD , g,) 13 j j _tj5 ... h ee e 34 .Q. Have you spoken with Mr. Naylor at Gulf States 15 jaboutyourconsiderationsconcerningtheDCinterconnection i 10 I / lbetween HL&P and Gulf States Utilities? l 17 MR. DALDWIN: OUtside of settlement negotiations. 18 Tile WITNESS: I have indicated to him that when and 19 if ihterconnection is made between Houston and Gulf states, 20 I that I think it should be made on a. DC basis rather than 21 a synchronous basis. 1930 124 22 DY MR. CHANANIA: 23 0 In your considerations of the DC interconnection, 24 lwould this involve the DC converter and inverter stations? I 25 i A Yes, it would. ' acc. 9c.!c af cRepcaers. Dnc. c 444 IJ Off i ti C A F't TOL t'. T it C E T WA!;t tif t G10ti, O C. 20C01 I.e -- m ) ,[ k,. = -m s ww_m,m._
321 What would the functions of these DC converter O 2 and inverter stations be between the two systems? 3 A To change the AC to DC, and the DC to AC. 4 In your considerations of the DC interconnection, h 0 5 uhat kind of capacities in megawatts have you considered that these installations would be able to convert from AC 6 7 to DC, and then back again? I have not assigned any particular value or the 8 l A o size of the interconnection. llave you given any consideration in any way to the to O 11 size of the interconnection, were it DC? 12 A No, I have not. 13 1 O Do you have any idea what the incoming voltage, the AC voltage on either side of the converter-inverter 15 station would be? 0 [j A No, I have
- not, D
D Lr > p O Do you have any idea of the cost of a DC inter-17 18 connection of the kind that you have considered? 10 Our Engineering Department has indicated this A 20 costs on the order of $80 per kilowatt. Q Do you know uhat the comparative cost of an AC 21 22 interconnection of say 345 kv uould be? O 930 125 23 A No, I do not. Q Do you know whether or not the $80 per kilouatt 24 for the DC interconnection would be more expensive than an 25 'c//cc 9cc!c:a{ cRepdcu, $nt. 444 f 4CitTH C Arif ul T. T rr 0 E T I W Atilli rm 10 rt. D.C .' coo l
- AC interconnection per kilowatt between 1
- RCOT and the 1
! Southwest Power Pool? 2 3 !
- A That would depend upon a lot of things.
1 i 4 0 Such as? O 5 A The amount of megawatts exchanged, the number of 6,1 ines that you had, the locations. 7 0 Do you need to know these same factors in order a to arrive at a figure of approximately S80 per kilowat-t D for a DC interconnection? I t A No, you do not. [] * * [) to l 11 l 0 Can you tell me why that is true? l 12 A $80.00 per kilowatt is a per unit cost l associated. If you just put more units in, the size you 13 h 14 want. 15 0 You can not figure per unit cost for an AC Iinterconnection? 16 J 17 A That is correct. is O llave you considered the introduction of harmonics i 10 lor harmonic voltages into the AC system which would stem 1 [from a DC interconnection? 20 A No, I have not. 21 0 Do you believe that the introduction of harmonics 22 23 or harmonic voltages could possibly occur with a DC interconnection? 74 A I do not know. 73 1930 126 S/lce-9ede af cRef:::te:, flne. 444 NOf tTH C Al 4T OL S t it t: E T j WA' HttiGToti. D.C. 2000t uen n..,-
323 1 Q In considering the DC interconnection, have you 2, considered whether or not any other systems, any other TIS 3 !! systems, would be able to une any of the capacity over that 4 h interconnection? 5 A It depends upon where the interconnections are. G Q llave you considered any particular locations for I lthe DC interconnections? U A No, I have not. O Q !! ave you considered that the DC interconnection i i 10 would run between !!L&P and Gulf States Utilities? 11 A That is one possible location. 12 j 0 llave you considered any other possible location? 13 A No, I have not, i Q Have you considered whether interconnecting ERCOT 15 and the Southwest Power Pool by DC interconnections, whether 16 or not more than one interconnection site would be necessary? 17 D ff$) 5) 1 A I don,t know. t 10 Q Do you believe that a DC interconnection between 19 ERCOT and the Southwest Power Pool vould avoid FERC juris-20 diction? 21 A I don.'t know. 22 MR. WEISS: I think you are asking about a legal 23 i matter at this point, counsel. But he has answered it. 24 1930
- t27 13Y MR. CillsMist117s:
25 O Other than the uork. which the Engineering Departner t Ellec. 9clezal cRcimtm Dnc. 444 B d Of(T D t C A F*4 tot. f,1 f4 E 5;T %/ A ',5fild ul O f f. ILC. 20301 (? ' 'l 1 17 1 'rM
324 l 1 did with respect to the per unit cost of the DC inter-2 connection, do you know if the Engineering Department has 3 made any studies which would concern harmonic voltages being 4 h introduced into the AC system uhich would flow from a DC 5 interconnection? 6 A' No. 7 O I don't mean to repeat myself, I think I have not asked this before, lias !!L&P made any cost comparisont 9 of any kind between an AC interconnection between ERCOT and 10 llthe Southwest Pouer Pool, and a DC interconnection? 11 A Not to my knowledge. qq w .q g O lias IIL&P considered the u c %I ast h u.1212g 13 i transformers in connection with a possible -- strike that , question. 15 Are you aware of any work done or any studies 1G made on DC transmission lines related to the South Texas 17 Nuclear project? 18 A Is the question related to DC lines? 10 Q Yes. 20 A No, no studies relating to DC lines. 21 Q llave you heard of any work done or any studies 22 made which would concern DC f acilities related to the 7 23 South Texas nuclear project? 1930i28 A Yes. 25 Q Can you tell me what kinds of work or studies ' 0ce.]c.]cra! cRef:mic:s, Snc. c 444 f 4Offill C APITCL S T il t' L T W A ".lsa tir,10 t, s t r.. ?O?mt}}