ML19261C419
| ML19261C419 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 02/23/1979 |
| From: | Stahl D ISHAM, LINCOLN & BEALE |
| To: | |
| References | |
| NUDOCS 7903220403 | |
| Download: ML19261C419 (12) | |
Text
N k4 UNITED STATES OF' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER
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NRC Docket Nos.i 50-498A COMPANY, et al.
(50-499A (South Texas Project, Unit
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s Nos. 1 and 2)
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-gg-In the Matter of
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TEXAS UTILITIES GENERATING 3 4\\/
Docket Nos. 50-445A COMPANY, et _al.
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50-446A
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(Comanche Peak Steam
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Electric Station, Units 1
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and 2)
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(Consolidated for Discovery)
' CENTRAL POWER AND LIGHT COMPANY'S FIRST SET OF INTERROGATORlES TO AND REQUEST FOR PRODUCTION OF DOCUMENTS FROM THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS Central Power and Light Company
(" CPL"), through its attorneys, requests the Public Utilities Board of the City of Brownsville, Texas
(" PUB") to answer in writing and under oath the following Interrogatories, and produce for inspection and copying documents where requested, pursuant to Rules 2.740b and 2.741 of the Rules of Practice of this Commission.
Definitions:
" Documents" means, without limiting the generality of its meaning, all original (or copies where originals are unavailable) and non-identical copies (whether dif ferent 7 9 0 3 2 2 0 4cd3,
from originals by reason of notation made on such copies or otherwise) of all written, recorded or graphic matter, however produced or reproduced, whether or not now in existence, including but not limited to correspondence, telegrams, notes or sound recordings of any type of conver-sation, meeting, or conference, minutes of directors' or committee meetings, memoranda, inter-office communications, studies, analyses, notes, books, records, reports, summaries and results of investigations and tests, reviews, contracts, agreements, pamphlets, diaries, calendar or diary entries, maps, graphs, charts, statistical records, computer data or papers similar to any of the foregoing, however denominated, including preliminary versions, drafts or revisions of any of the foregoing and any supporting, underlying or pre-paratory material.
" Relates to" means consist of, refer to, reflect or be in any way legally, logically or factually connected with the matter discussed.
Interrogatories and Requests for Documents 1(a)
Identify every request for electric service since January 1, 1960 as to which the PUB was unable to provide the requested service in whole or in part because of CPL's refusal or failure to provide wheeling or other trans-mission services, by stating (i) the entity making the request (ii) the date of the request (iii) the period for which the service was requested (iv) the type (e.g., economy, firm, emergency, etc.) of service requested (v) the amount of electricity requested (vi) the price terms set forth in the request and (vii) the specific wheeling or other trans-mission services which if provided by CPL would have enabled the PUB to provide the requested service.
(b) Produce for inspection and copying every document which relates to each request for electric service identified in your answer to Interrogatory 1(a), specifically including but not limited to every document stating implicitly or explicitly that CPL's refusal or failure to provide wheeling or other transmission services was a contributing factor to the PUB's inability to provide the requested service.
2(a)
(i) Identify every entity which the PUB believes or contends refrained from Jaquesting the PUB to provide it with electric service, in whole or in part because CPL would not provide wheeling or other transmission services, and (ii) state the approximate date each such incident occurred.
(b) Produce for inspection and copying every document which relates to each incident in which the PUB believes or contends an entity refrained from requesting the PUB to provide it with electric service, in whole or in part because CPL would not provide wheeling or other transmission services.
3(a)
Identify each entity from which, since January 1, 1960, the PUB could have pur7hased electricity at a cost lower than that at which (i) the PUB could have generated, or did generate, its own electricity or (ii) the PUB could have purchased, or did purchase, electricity from CPL, if CPL would have provided wheeling or other trans-mission services.
(b)
With respect to each entity identified in your answer to Interrogatory 3(a) state (i) the date on which each such offer to provide service was made to the PUB (ii) the period for which any offer of service was made (iii) the price at which the PUB could have purchased the electricity including (and identifying separately) any charge for wheeling or other transmission services by an entity other than CPL, but excluding any charge for wheeling or other transmission services which CPL would have imposed and (iv) the specific wheeling or other transmission ser-vices which if provided by CPL would have enabled the PUB to make the purchase.
(c)
Produce for inspection and copying every document which relates to each occasion on which the PUB could have purchased electricity from any entity other than CPL at a cost lower than that at which (i) the PUB could have generated, or did generate, its own electricity or (ii) the PUB could have purchased, or did purchase, electricity from CPL, if CPL would have provided wheeling or other transmission services.
_4_
4 (a)
State (i) every date on which the PUB re-quested CPL
".o provide wheeling or other transmission services (ii) the specific wheeling or other transmission services requested and (iii) CPL's response to each such request to provide wheeling or other transmission services.
(b)
Produce for inspection and copying every document which relates to (i) each request by the PUB to CPL to provide wheeling or other transmission services and (ii) each response by CPL to any request by the PUB for CPL to provide wheeling or other transmission services.
5(a)
With reference to the allegation (
6, p.
3) in the PUB's Supplemental Petition for Leave to Intervene that " PUB must have access to CPL's transmission system to serve industrial loads", identify each industrial load which the PUB has been unable to serve due, in whole or in part, to lack of access to CPL's transmission system by (i) identifying the customer or potential customer (ii) stating the approximate date when the PUB first learned that it would be unable to serve that specific load (iii) stating which entity did supply the electric energy requirements of the customer or potential customar (iv) stating every reason why the PUB did not obtain the right to serve that specific load and (v) identifying the specific nature of the access to CPL's transmission system which would have enabled the PUB to serve that specific load.
(b)
Explain how the PUB's ability to serve industrial loads in the future will or may be affected by whether the PUB has access to CPL's transmission system.
(c)
Produce for inspection and copying every document which relates to the PUB's inability to serve any industrial load due, in whole or in part, to lack of access to CPL's transmission system.
6 (a)
Identify every request which the PUB has made for participation in the ownership of any generating plant or unit owned in whole or in part by CPL including but not limited to the South Texas Project ("STP"), by identifying (i) the date each such request was made (ii) whether the request was written or oral (iii) the person making the request and the person to whom the request was directed (iv) the specific content of the request (v) the specific content of the response to the request and (vi) the person making the response and the person to whom the response was directed.
(b)
Produce for inspection and copying every document which relates to (i) each request by the PUB for participation in the ownership of any generating plant or unit owned in whole or in part by CPL incuding but not limited to the STP and (ii) each response to each such request by the PUB.
7 (a)
Describe the ways in which and the extent to which the PUB competes with other electric utilities.
(b)
Produce for inspection and copying every document which relates to the competition described in your answer to Interrogatory 7 (a).
8 (a)
State, for each year since 1970, the peak load on the PUB's system, the PUB's generating capacity at the time the peak load was experienced and the PUB's firm purchases and/or sales at that time.
(b)
State, by year for each of the next ten years, the PUB's anticipated peak load, generating capacity expected to be installed at that time and the firm purchases and/or sales which the PUB has already contracted for.
9.
State the name, business address, residence address, and position in or affiliation with the PUB of each person who provided information in connection with the PUB's answers to any or all of these Interrogatories, and indicate by number those Interrogatories with respect to which each such person provided information.
10 (a)
Identify each person whom the PUB expects to call as an expert witness at the trial of this cause by stating each such person's name, occupation and business address.
(b)
State the subject matter on which each person identified in your answer to Interrogatory 10 (a) is expected to testify.
(c)
State (i) the substance of the facts and opinions to which each person identified in your answer to Interrogatory 10 (a) is expected to testify and (ii) a summary of the grounds for each such opinion.
Respectfully submitted,
- Isham, incoln & Beal By
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Attorneys /for Central Power dd Light Co.
Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 312/786-7500 k
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e UNITED STATNS OF. AMERICA NUCLEAR REGULATORY COMMISSION M yk).
In the Matter of g r.f, HOUSTON LIGHTING AND POWER CO 3
et al.
IIfiDocket Nos. 50-498A 50-499A (South Texas Project, Units
)
No. 1 and 2)
)
)
)
)
In the Matter of
)
)
TEXAS UTILITIES GENERATING COMPANY,)
Docket Nos. 50-445A et al.
)
50-446A
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CONSOLIDATED FOR DISCOVERY (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I,
David M.
Stahl, hereby certify that copies of the foregoing Central Power & Light Company's First Set of Interrogatories to Texas and Request for Production of Documents from the Public Utilities Board of the City of Brownsville, Texas were served upon the following persons by deposit in the United Stapes mail, first class postage prepaid, this 23 day of FEhrun44 1979.
d Marshall E.
Miller, Esq. (2 copies)
Mr. Jerome D.
Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group washington, D.C.
20555 U.S. Nuclear Regulatory Commission Michael L.
Glaser, Esq. (2 copies)
Nuclear Reactor Regulation 1150 17th Street, N.W Washington D.C.
20555 Washington, D.C.
20036 J.
Irion Worsham, Esq.
Sheldon J. Wolfe, Esq. (2 copies)
Merlyn D.
Sampels, Esq.
U.S. Nuclear Regulatory Spencer C.
Relyea, Esq Commission Worsham, Forsythe & Sampels Washington, D.C.
20555 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon C. Wood, Esq.
U.S. Nuclear Regulatory W.
Roger Wilson, Esq.
Commission Matthews, Nowlin, Macfarlane Washington, D.C.
20555
& Barrett 1500 Alauo National Building San Antonio, Texas 78205
. Chase R.
Stephens (original and Charles G. Thrash, Jr., Esq.
20 copies)
E.W.
Barnett, Esq.
Docketing and Service Branch Theodore F. Weiss, Esq.
U.S.
Nuclear Regulatory J.
Gregory Copeland, Esq.
Commission Baker & Botts Washington, D.C.
20555 3000 One Shell Plaza Houston, Texas 77002 R.
Gordon Gooch, Esq.
Don R.
Butler, Esq.
John P.
Mathis, Esq.
Sneed, Vine, Wilkerson, Baker & Botts Selman & Perry 1701 Pennsylvania Avenue, N.W.
P.O. Box 1409 Washington, D.C.
20006 Austin, Texas 78767 Roy P.
Lessy, Jr., Esq.
Michael B.
Blume, Esq.
Jerry L. Harris, Esq.
U.S.
Nuclear Regulatory Richard C. Balough, Esq.
Commission City of Austin Washington, D.C.
20555 P.O.
Box 1088 Austin, Texas 78767 Roff Hardy Chairman and Chief Executive Don H.
Davidson Officer City Manager Central Power and Light Company City of Austin P.O.
Box 2121 P.O.
Box 1088 Corpus Christi, Texas 78403 Austin, Texas 78767 Mr. Perry G.
Brittain Robert Lowenstein President J.A.
Bouknight Jr.
Texas Utilities Generating William J. Franklin Company Lowenstein, Newman, Reis &
2001 Bryan Tower Axelrad Dallas, Texas 75201 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 John W.
Davidson, Esq.
R.L. Hancock, Director Sawtelle, Goode, Davidson &
City of Austin Electric Utility Tioilo P.O Box 1086 1100 San Antonio Savings Austin, Texas 78767 Building San Antonio, Texas 78205
. G.W. Oprea, Jr.
Executive Vice President Douglas F. John, Esq Houston Lighting & Power Akin, Gump, Haver & Feld Company 1100 Madison Office Building P.O. Box 1700 1155 15th Street, N.W.
Houston, Texas 77001 Washington, D.C.
20005 Judith Harris, Esq.
Morgan Hunter, Esq.
Ronald Clark Esq.
Bill D.
St. Clair, Esq.
U.S.
Department of Justice McGinnis, Lockridge &
Antitrust Division Kilgore 411 lith Street, N.W.
Fifth Floor, Texas State Washington, D.C.
20530 Bank Building 900 Congress Avenue Austin, Texas 78701 Kevin B.
Pratt Texas Attorney General's Office State of Texas William H. Burchett, Esq.
P.O. Box 12548 Frederick H.
Ritts, Esq.
Austin, Texas 78711 Northcutt Ely Watergate 600 Building W.S.
Robson Washington, D.C.
20037 General Manager South Texas Electric Cooperating, Robert C. McDiarmid, Esq.
Inc.
Robert Jablon, Esq.
Route 6, Building 102 Marc Poirier, Esq.
Victoria Regional Airport 2600 Virginia Avenue, N.W.
Victoria, Texas, 77901 Washington, D.C.
20037 Joseph B.
Knotts Jr.
Richard D.
Cudahy, Esq.
Nicholas S.
Reynolds Robert H.
Loeffler, Esq.
Debevoise & Liberman Joseph Gallo, Esq.
806 15th Street, N.W.
Ste. 700 Isham, Lincoln & Beale Washington, D.C.
20005 1050 17th Street, N.W.
Seventh Floor Washington, D.C.
20036 Joseph Rutberg, Esq.
Wheatley & Miller Antitrust Counsel 1112 Watergate Office Bldg.
Counsel for NRC Staff 2600 Virginia Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20037 Washington, D.C.
20555
, Joseph J.
Saunders, Esq.
Linda L. Aaker, Esq.
Chief, Public Counsel &
Assistant Attorney General Legislative Section P.O. Box 12548 Antitrust Section Capital Station U.S.
Department of Justice Austin, Texas 78711 P.O.
Box 14141 Washington, DC 20044 G.K.
Spruce, General Manager Knoland J. Plucknett City Public Service Board Executive Director P.O.
Box 1771 Committee on Power for the San Antonio, Texas 78203 Southwest, Inc.
5541 East Skelly Drive Tulsa, Oklahoma 74135 Jay M.
Galt Esq.
Robert E.
Bathen Looney, Nichols, Johnson & Hayes R.W.
Beck & Associates 219 Couch Drive P.O.
Box 6817 Oklahoma City, Oklahoma 73101 Orlando, Florida 82853 John E.
- Mathews, Jr.,
Esq.
Mathews, Osborne, Ehrlich, McNatt Gobelman & Cobb 1500 American Heritage Life Bldg.
Jacksonville, Florida 32202
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DAVID M/ STAHL