ML19263D240

Central Power & Light Co'S Objections & Motions for Protective Order Re Certain Interrogatories & Document Requests from Public Util Board of Brownsville,Tx.Affidavit of Wc Price & Certificate of Svc Encl

ML19263D240
Person / Time
Site:	South Texas
Issue date:	02/28/1979
From:	Tom Ryan ISHAM, LINCOLN & BEALE
To:
References
NUDOCS 7903260349
Download: ML19263D240 (11)

Text

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'Dxr THE UNITED STATES OF AMERICA 4 c'hilP,--

NUCLEAR REGULATORY COMMISSION ' '

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

N THE MATTER OF: S S

HOUSTON LIGHTING & POWER S Docket Nos. 50-498A COMPANY, ET AL. (South 5 50-499A Texas Project, Units I S and II S CENTRAL POWER & LIGHT COMPANY'S OBJECTIONS AND MOTION FOR PRO-TECTIVE ORDER REGARDING CERTAIN OF THE INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE On February, 28, 1979, Central Power & Light Company (" CPL") responded to interrogatories and requests for production of documents served upon CPL by the Public Utilities Board of the City of Brownsville

("Brownsville"). CPL hereby submits its objections in order to protect its rights under Section 2.740(f) of the Commission's Rules of Practice. Further, in accordance with Section 2.740 (c) of the Rules of Practice, CPL moves the Board for a protective order.

General Objections

1. CPL objects to Definition J as purporting to define CPL as including its parent. CPL's parent, Central and South West Corporation ("CSW"), is an intervenor in the 730326D2 pq

e Comanche Peak antitrust proceeding (In the Matter of Texas Utilities Generating Co. at al., Docket Nos.

50-445A and 50-446A), which has been consolidated with this proceeding for purposes of discovery. Brownsville may therefore direct a discovery request to CSW. To require CPL to respond to discovery requests on behalf of CSW would constitute an undue burden upon CPL. CPL will, of course, comply with the discovery requests insofar as CPL can, but it objects to having to answer certain interrogatories or requests on behalf cf CSW.

2. Similarly, CPL objects, except as to responsive information or documents of which CPL has possession, to discovery requests insofar as they purport to require responses on behalf of " affiliated" companies. This ob-jection applies to the following interrogatories:

5(b), 6(b), 7 (b) , 8, 9, 11, 12, 14, 15, 18 (a) (i) , 18(d),

20(a), 21(a), 21(b), 22, 23(b), 24 (a)-(c) , 25 (b) , 25'd),

26 (b)-(c) , 29 (a) -(b) , 30, 33 (a)-(b) , 34 (b)-(d) and 36.

Specific Objections

3. CPL objects to the production of documents requested in Interrogatory 11 unless access to certain of such documents be limited to counsel for Brownsville and their independent consultants only. CPL's response to

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this request encompasses documents which are confidential and proprietary in nature. Information regarding CPL's gas supply has customarily been held in confidence by CPL, in part at least because public access to such information might jeopardize CPL's competitive posture.

4.(a) CPL objects to Interrogatory 13 insofar as it requires CPL to provide informaticn for WTU, SWEPCO and PSO. CPL does not possess the requested information as to these companies.

(b) Insofar as Interrogatory 13(a) requires the production of fuel contracts, CPL objects unless access to these documents be limited to counsel for Brownsville and their independent consultants only. Certain of the information contained in the fuel contracts is confidential and has always been treated as such by CPL. Disclosure of this information may jeopardize CPL's competitive pceture.

5. CPL objects to the production of documents requested in Interrogatories 29 (b) and 29 (c) unless access to cer+.ain of such documents, or any copies thereof, or use of any information contained therein, be limited to counsel for Brownsville and their independent consultants only. Some of the information responsive to these interrogatories is customarily held in confidence by CPL. The customer or its representative often requests that such information

be kept confidential, as it may affect the customer's competitive pesture as well as its ability to acquire land and/or existing structures. This is, for example, particularly true with respect to possible new locations for plants or other facilities. CPL has preserved the confidentiality of such information. Such information is clearly not found in any public sources.

6. CPL objects to Interrogatory 31 for the reasons stated in paragraph 4(a), supra.

7. CPL objects to Interrogatories 34(a) and 34(c) unless access to certain of such documents, or any copies thereof, or use of any inforration contained therein, be limited to counsel for B swnsville and their independent consultants only. ;ome of these documents are treated as confidential in nature, often at the request of a potential or existing customer or its representative. CPL may provide information concerning cost of service, etc. to potential or existing customers which is likewise treated as confidential. Unlimited access to such information may jeopardize CPL's competitive posture or that of potential or existing customers.

8. CPL objects to Interrogatory 36. It is impossible for C9L to provide updated responses to the numerous sets of interrogatories and requests for

production of documents in this proceeding and in related proceedings without additional time. Updating will constitute an extensive and time-consuming undertaking and CPL, therefore, seeks a protective order that it be cranted additional time up to and including April 3, 1979 within whien to respond to Interrogatory 36.

Motion for Protective Order WHEREFORE, CPL moves the Board for a protective order with respect to Brownsville's discovery requests:

(a) Relieving CPL from compliance, except as to information of which CPL is aware or documents of which CPL has possession, with discovery requests insofar as they require CPL to respond on behalf of CSW: or with Interrogatories 5(b), 6(b), 7(b), 8, 9, 11, 12, 14, 15, 18 (a) (i) , 18(d), 20(a), 21(a), 21(b), 22, 23(b), 24 (a)-(c' ,

25(b), 25 (d) , 26 (b)-(c) , 29 (a) -(b) , 30, 3 3 (a)- (b) ,

34 (b)-(d) and 36 insofar as they purport to require res-ponses on behalf of " affiliated" companies.

(b) Limiting access to documents produced in response to Interrogatories 11, 13 (a ) , 2 9 (b) , 29(c), 34 (a) and 31(cf to counsel for Brownsville and their independent consultants only.

(c) Relieving CPL from compliance with Interrogatories 13 and 31 insofar as they require CPL to respond on behalf of WTU, SWEPCO and PSO.

(d) Relieving CPL from responding to Interrogatory 36 until April 3, 1979.

Respectfully submitte '

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t /4- (~ /). f Thomas G. Ryan /

Attorney for Central Power & Light Company ISHAM, LINCOLN & BEALE One First National Plaza Suite 4300 Chicago, Illinois 60603 (312) 786-7500

THE STATE OF TEXAS I I

COUNTY OF NUECES I AFFIDAVIT I, W. C. Price, having been duly sworn, do depose and say that I am Vice President of Central Power and Light Company, that I have reviewed the foregoing Objections and Motions for Protective Order; that I have supervised and coord:nated the gathering of the matters contained in the Answers of Central Power and Light Company to the Interrocatories and Request for Production of the Public Utilities Board of the City of Brownsville, Texas; that there is contained in documents responsive to these Interrogatories and Request certa n confidential information; and that Central Power and Light Company desires to preserve the confidentiality of these documents and this information, as more specifically described in the Objection and Motion for Protective Order.

W. C. Price Subscribed and Sworn to before me on this 27th day o f Februa ry , 1979 1 ,

Mm ( u [( \.s IMELDA V. PEREZ Notary Public ir! and for Nueces County, Texas

THE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF: S 6

HOUSTON LIGHTING & POWER S Docket Nos. 50-498A COMPANY, ET AL. (South 5 50-499A Texas Project, Units I S and II S CERTIFICATE OF SERVICE I, Thomas G. Ryan, hereby certify that copies of the foregoing Answers of Central Power & Light Company to Corrected 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 and Central Power & Light Company's Objections and Motion for Protective Order Regarding Certain of the Interrogatories and Requests for Production of Documents from the Public Utilities Board of the City of Brownsville, Texas were served upon the follo' ring persons by deposit in the United States mail, first class postage prepaid, this 28th day of February , 1979.

Marshall E. Miller, Esq. (2 copias) Mr. Jerome D Saltzmsn 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 Alamo 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.

Sneed, Vina, Wilkerson, John P Mathis, Esq. Selman & Perry Baker & Botts 1701 Pennsylvania Avenue, N.W. P.O. Box 1409 Austin, Texas 7876' Washington, D.C. 20006 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 Lowenstein, Newman, Reis &

Company 2001 Bryan Tower Axelrad Dallas, Texas 75201 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 John W. Davidson, Esq.

Sawtelle, Goode, Davidson &

R.L. Hancock, Director City of Austin Electric Utility Ticilo 1100 San Antonio Savings P.O. Box 1086 Austin, Texas 78767 Building San Antonio, Texas 7S205 G.W. Oprea, Jr.

Executive Vice President Douglas F. John, Esq.

Houston Lighting & Power Akin, Gump, Haver & Feld 1100 Madison Office Building Company 1155 15th Street, N.W.

P.O. Box 1700 D.C. 20005 Houston, Texas 77001 Washington, Judith Harris, Esq. Morgan Hunter, Esq.

Ronald Clark, Esq. Bill D. St. Clair, Esq.

McGinnis, Lockridge &

U.S. Department of Justice

- Antitrust Division Kilgore 411-llth Street, N.W. Fifth Floor, Texas State Bank Building Washington, D.C 20530 900 Congress Avenue Austin, Texas 78701

Kevin B. Pratt Texas Attorney General's Office Statt of Texas William H. Burch-tt, Esq.

P.O. Box 12548 Frederick H. Ritts, Esq.

Austin, Texas 78711 Northcutt Fly 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. Reyncids 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 Attorncy General Legislative Section P.O. Box 12548 Antitrust Section Capital Station U.S. Department of 'ustice Austin, Texas 78711 P.O. Box 14141 Washington, D.C. 20044 G.K. Spruce 7eneral 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

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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 , A y'

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THO"AS G. RYAN