ML19263D373
| ML19263D373 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 03/14/1979 |
| From: | SPIEGEL & MCDIARMID |
| To: | |
| References | |
| NUDOCS 7903290111 | |
| Download: ML19263D373 (98) | |
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UNITED STATES OF AMERICA N 0 BEFORE THE $ ~#
NUCLEAR REGULATORY COMMISSION 8
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In the Matter of )
)
HOUSTON LIGHTING AND POWER CO., ) Docket Nos. 50-498A et al. ) 50-499A
)
( South Texas Proj ect, Units )
No. 1 and 2) )
)
)
TEXAS UTILITIES GENERATING ) Dockets Nos. 50-445A COMPANY, et al. ) 50-446A
)
(Comanche Peak Sceam 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. S2.720, hereby makes application for the issuance of the subpoenas, attached hereto as follows:
~7963290//[
Subpoenas for Production of Documents:
(1) Keeper of the Records , West Texas Utilities Company (2) Keeper of the Records, Public Service Company of Oklahoma (3) Keeper of the Records, Southwest Texas Electric Power Company (4) Keeper of the Records, Central and South West Corporation (5) Keeper of the Records, Central and South West Services, Inc.
These subpoeans for production of documents are addressed to Central and South West Corporation ("CSW"), West Texas Utilities Company ("WTU"), Public Service Company of Oklahoma ("PSO"), Southwestern Electric Power Company
("SWEPCO"), and Central and South West Services, Inc.
("CSWS"), which are the parent and affiliated companies of Central Power & Light Ccmpany ("CP&L"), one of the applicants in the above-captioned proceeding. In its Interrogatories and Request for Production of Documents by Central Power &
Light Company filed on February 28, 1978, Brownsville sought responses and production of documents by CP&L's parent and affiliated companies as well as by CP&L. CP&L has objected on the basis that it is not cbliged to obtain responsive information from its affiliated companies. *^h ile Brownsville is responding to that objection, it is concurrently filing
3-this Application for Subpoenas.
The documents sought in these subpoenas are substan-tially the same as those sought by Brownsville in its February 28, 1979 request to CP&L. To reduce burden as much as possible, however, Brownsville has eliminated or limited requests for information which seems more appropriately or more easily obtained from other sources. The questions relate generally to joint activities of the CSW companies; to the Texas Interconnected Systems and the Electric Reliability Council of Texas; to the nature of competition for electric services in Texas; and to the effect on competition within Texas of restrictions on interstate commerce. The requests also relate to dealings of the CSW companies with municipal and cooperative systems, including Brownsville.
WHEREFORE, the Public Utilities Board of the City of Brownsville, Texas, respectfully requests this Board te sign the enc'.osed subpoenas and return them to the undersigned at Spiegel & McDia. m id , 2600 Virginia Avenue , N. W, Washington, D. C. 20037.
Respectfully submitted, Robert A. Jablon 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 (202) 333-4500 Dated: March 14, 1979
Subpoena for Production of Documents 8 e 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 ) and 50-499A THE CITY OF AUSTIN and )
CENTRAL POWER AND LIGHT COMPANY )
)
(South Texas Proj ect, Unit Nos. )
1 and 2) )
SUBPOENA TO: Keeper of the Records Central & South West Corporation 2700 One Main Place Dallas, Texas 75226 YOU ARE HEREBY COMMANDED to make available for inspec-tion and copying at 2700 One Main Place in the city of Dallas , Texas on the 2nd day of April,1979 the document (s) or object (s) described in the attached sche-dule.
Subpoena for Production of Documents Page Two BY ORDER OF THE ATOMIC SAFETY AND LICENSING EOARD By
................, 1979 Robert A. Jablon Marc R. Poirier Attorneys for the Public Utilities Board of the City of Brownsville , Texas SPIEGEL & MCDIARMID 2600 Virginia Avenue, N. W.
Washington, D. C. 20027 (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 subpoena 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 subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
RETURN ON SERVICE Received this subpoena at ............................. on
............................. and on .....................
a t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s e rv ed it on th e wi th in named ............................by delivering a copy to h.... and tendering to h.... the fee for one day's attendance and mileage allowed by law.
Dated ..............., 19..... By.......................
Service Fees Travel.....................$.........
Services ..................$.........
Tota 1......................S.........
Subcribed and sworn to before me, a ........................
this ............ day of ..................., 19.......
SCHEDULE FOR FRODUCTION OF DOCUMENTS BY CENTRAL & SOUTH WEST CORPORATION r
- 1. Please produce all documents relating to any joint actions, actual or contemplated, by three or more cperating 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.
- 2. Please produce all documents relating to any com-parison of ERCOT and TIS and/or STIS.
- 3. Please produce all documents relating to each reason that CSW and/or any subsidiary has considered for and against operation in interstate commerce.
- 4. 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 Request No. 25 of this Schedule).
- 5. Please produce all documents relating to the gas supply of any subsidiary company of CSW, including entitle-ments, ownership interests or any other form of control cf or access to gas , and including projections or potential supply for or covering the period 1972 to date. Exclude routine billing documents .
- 6. 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 er actually made, and to all discussions or any other form of communication concerning such agreements or understandings, between CSW and any affiliated company or between CSW 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.
- 7. Please produce all fuel contracts involving CSW and each subsidiary in effect at any time from January 1, 1972 to the present. Please include expiration dates and renego-tiation dates for all such contracts.
- 8. Please produce all documents relating to any arrangements involving CSW and/or any subsidiary company relating to power generated at the Falcon Dam, the Amistad Dam or any other hydrcelectric generating facility, including acquisition, use, coordinating, scheduling, and direct purchase.
, 9. Please produce all documents relating to the purchase, sale or any other form of capacity and/or energy exchange involving CSW and/or any subsidiary company of power and/or energy to or from the Comision Federal de Elec tricid ad , 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 pre-sent.
- 10. 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 related to fi; ings, 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, 11.(a) 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.
(b) Prcduce all documents relating to communications among officers, representatives or employees of CSW and each communication between officers or representatives of CSW and any other person, relating to participation in the South Texas
' Units by any other electric utility.
12.(a) Please produce 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, CSW and/or any subsidiary com-pany of CSW 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 facilities and tie, pur-suant to Article II, SS of the Agreement; (iii) actual or potential renewal of the Agreement as provided in Article VI, 58 of the Agreement.
(b) Provide all documents relating to the power supply needs and the availability of power to Brownsville.
(c) Provide all documents relating to the actual or potential provision by any subsidiary company of C3W of power 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 .
(d) Provide all documents related to the power supply agreement between CPsL and Brownsville dated Cecember 23,
. 1965. The scope of this request is from January 1, 1960 to the present.
- 13. Please provide all documents relating to construc-tion by CP&L or any of CSW's subsidiary companies of transmission lines now under construction or being planned or considered for construction.
- 14. Please produce all documents relating to the policy of CSW and/or each subsidiary company concerning transmission serv ices .
15.(a) Please produce all documents relating to transmission services , actual or potential, by CSW and/or any subsidiary company, to each of the following:
(i) any municipally owned or operated electric utility; (ii) any cooperative or rural electric cooperative; (iii) any electric utility that is a member of TIS.
(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 CSW and/or any subsidiary company, for the pur-pose of providing transmission services to any of the electric utilities listed in (a) (i)-(iii) above.
- 16. 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 interconnecticn and/or interconnected operation of CSW and/or any subsidiary company with any other electric utilities.
17.(a) To the extent not otherwise provided or supplied in response to this subpoena for production of documents, 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 CSW and/or any subsidiary company, to any of the following:
(i) any municipal electric system; (ii) any electric cooperative or rural electric cooperative; (iii) any other electric utility that is a member of TIS.
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 CSW and/or any subsidiary company is whole or part owner.
(c) Please produce all documents relating to joint par-ticipation by CSW and/or any subsidiary company and any uti-lity 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.
18.(a) Please produce 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 se rv ice , cost, benefits, or competition. Include economic or other analyses of actual or potential service.
(b) Please produce 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.
- 19. Please produce all documents relating to any attempts, whether actual or contemplated, by CSW and/or any subsidiary company to acquire or to lease , either in whole or in part, the electric facilities of the Public Utilities Board of the City of Brownsville, or its predecessors, or of any municipally or cooperatively owned electric utility. The scope of this request is from January 1, 1957 to the present.
- 20. 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, including, but not limited to stu-dies and analyses.
21.(a) Please produce all documents from January 1, 1970 to the present relating to inquiries by potential new industrial customers concerning rates or services of CSW any subsidiary company of CSW in Texas or relating to inquiries concerning any other benefits of location in areas within Texas served by any subsidiary company of CSW, 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 within Texas served by any subsidiary of CSN company is irrelevant to the scope of this request.
(b) Please produce all documents relating to each industrial or other large customer of any subsidiary company of CSW located in Texas that has terminated purchases of power or services from the subsidiary company of CSW since January 1, 1970, in order to purchase power and/or services frem another supplier.
- 22. Please produce all dccuments relating to each actual or potential offer by any subsidiary of CSW of any special rate or individually designed rate to any customer,
_9_
including, but not limited to, industrial or commercial customers whose peak load has ever exceeded 2,000 kw from January 1, 1957 to the present.
23.(a) To the extent not produced or previously supplied in response to this subpoena for production of documents, please produce all documents relating to actual, potential, possible or contemplated competition between CSW and/or any subsidiary company and any other electric utility.
(b) Please produce all documents relating to each com-munication by any officer or representative of CSW 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 response to 23.(a) above.
- 24. Please furnish a copy of all of CSW's responses to interrogatories and document requests submitted to CSW in the instant proceeding by any other party.
- 25. Please furnish a copy of any information or docu-ments provided formally or informally to any of the following: CP&L, WTU, PSO, SWEPCO, CSWS, TP&L, DP&L, TESCO, TU, HL&P, the Texas Public Utilities Commission, rhe United States Department of Justice, the Staff of the United States Nuclear Regulatory Commission, and not previously supplied to B rownsv ille , relating to any of the following proceedings:
10 -
(a) In the Matter of Houston Lightinc & 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 Nos. 50-445A and 50-446A; (c) In the Matter of Central and South West Corporation, et al., SEC Administrative Proceeding File No.
e-4951; (d) West Texas Utilities Company, et al. v. Texas Electric Service Company , et al., No. CA3-76-0633F, United States District Court (N. D. Texas, Dallas Div.);
(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.
(f) Central Power & Ligh t , et al., FERC Docket No.
EL79-8.
INSTRUCTIONS Unless otherwise specified the period of time for which documents are requested includes the entire period from January 1, 1965 to the date on which documents are made available to Brownsville's representatives for inspection and copy ing.
Brownsville requests that the Keeper of the Records identify the specific request or requests to which each docu-ment is responsive. Where possible, the Keeper of the Records ic requested to maintain the integrity of CSW's filing and recordkeeping systems by producing together docu-ments responsive to this Subpoena, which are found together in the Keeper of the Records' files.
If you claim that any document requested hereunder is privileged, with respect to each such document, 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 judi-cial protection alleged to be necessary to protect the privilege or confidential nature of any such doc umen t .
DEFINITIONS A.
" Documents" mean all writings and records of every type in the actual or constructive possession, control, or custody of CSW, its directors, officers, employees, con-sultants., or agents, including but not limited to contracts ,
memoranda, correspondence, repo rts , surveys, tabulations, charts , books , pamphle ts , photographs , maps , bulletins, minu-
tes, notes, diaries, log sheets, ledgers, transcripts, micro-film, computer printouts, vouchers, accounting statements, telegrams and telegraphic communications, engineering diagrams (including "one-line diagrams"), mechanical and electrical recordings, records of telephone communications, speeches and all other records, written, el:etrical, mechani-cal, or otherwise.
" Documents" shall also mean copies of documents, even though the originals thereof are not in the possession ,
custody, or control of CSW, 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 cther 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 Definition 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 tha t 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 when the communication was intended, date and subject of the com-munication should be specified.
" Identify," when used with reference to any corporation, association, cooperative, or other legal entity, means to state the name and current address of said organization 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 com-munication, along with a reference to the response in which a full identification was provided.
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 Definition C. above , who at a particular formal or informal meeting, or in a particular document or ccm-munication, 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, logi-cally or factually connected with. Requests " relating to" a subject or item should be understcod to include possible or contemplated 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 the foregoing that owns, controls, or operates, or proposes or is studying the possi-bility of owning, controlling, or cperating, facilities fo r 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 uti-lity. " Transmission services" shall 1so 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 normally maintained in an open position is considered an interconnec-tion. A j unction by which a lower voltage system is joined to a transmission line through a transformer is considered an interconnection.
" Interconnected operation" between two or more electric utilities shall mean a method of cperation 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 cperation" includes all forms of interchange, including sales, purchases or
exchange of energy or capacity, reserves sharing, firm power, t
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 cperation occurs.
J. " Central & South West Corporation" or "CSW" shall be understood to include its 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 whch have been acquired by CSW.
K. " Central Power & Ligh. 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 EL&P.
M. " Texas Power & Light Company" or "TP&L" shall be understeed 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
_ 17 -
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 or 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 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 cr 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 "SNEPCO" 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 Cklahoma" or "PSO" shall be understcod to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholcsale or retail, the
. properties or assets of which have been acquired by Public Service Company of Cklahoma.
S. " 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 to, Texas Utilities Company, Dallas Power &
Light Company, Texas Electric Service Company and Texas Power
& Light Company.
T. " South Texas Units" shall be understood to refer to the nuclear generating units for which applicants in the above-captioned proceeding have obtained a construction per-mit from the Nuclear Regulatory Commission.
Subpoena for Production of Documents UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) Docke t Nos. 50-498A
) and 50-499A HOUSTON LIGHTING AND POWER COMPANY )
THE CITY OF SAN ANTONIO )
THE CITY OF AUSTIN and )
CENTRAL POWER AND LIGHT COMPANY )
)
(South Texas Proj ect, Unit Nos. )
1 and 2) )
SUBPOENA TO: Keeper of the Records Central & South West Serv ices , Inc.
2700 One Main Place Dallas, Texas 75226 YOU ARE HEREBY COMMANDED to make available for inspec-tion and copying at 2700 Cne Main Place in the city of Dallas, Texas on the 3rd day of April,1979 the document (s) er object (s) described in the attached sche-dule.
Subpoena for Production of Docunents Page Two BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By
................, 1979 Robert A. Jablon Marc R. Poirier Attorneys for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & MCDIARMID 2600 Virginia Avenue, N. W.
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 subpoena 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 subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
RETURN ON JERVICE Received this subpoena at ............................. en
............................. and on .....................
at................................... served it on the within named . . . . . . . . . . . . . . . . . . . . . . . . . . . . by delive r ing a copy to h.... and tendering to h. . . . the fee for one day's attendance and mileage allowed by law.
Dated ..............., 19..... By.......................
Service Fees Trave 1.....................$.........
Services ..................$.........
Tota 1......................S.........
Suberibed and sworn to before me, a ........................
this ............ day of ..................., 19.......
SCHEDULE FOR PRODUCTION OF DOCUMENTS BY CENTRAL & SOUTH WEST SERVICES, INC.
- 1. Please produce all documents relating to any joint actions, actual or contemplated, by three or more members of the Texas Interconnected System or by representatives of three or more 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.
- 2. Please produce all documents relating to any com-parison of ERCOT and TTS aid /or STIS.
- 3. Please produce all documents relating to each reason that CSWS and/or any affiliated company has considered for and against operation in interstate commerce.
- 4. Please produce all documents relating to the gas supply of CSW and/or any affiliated company, including entitle-ments , 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 hilling documents.
, 5. To the extent not otherwise produced or supplied in response to this subpoena for production of documents , please produce 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 CSWS and any affiliated company or between CSWS 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.
- 6. Please produce all fuel contracts involving CSWS and/or any affiliated company in effect at any time from January 1, 1972 t' the present. Please include expiration dates and renegotiation dates for all such contracts.
- 7. Please produce all documents relating to any arrangements of CSW and/or any subsidiary company relating to power generated at the Falcon Dam, the Amistad Dam or any other hydroelectric generating facility, including acquisi-tion, use, ccordinating, scheduling, and direct purchase of such power.
- 8. Please produce all documents relating to the purchase, sale or any other form of capacity and/or energy exchange involving CSWS 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.
- 9. Please produce all documents relating to agreements and supporting materials filed with the Federal Energy Regulatory Commission in any proceedings under any of the following dockets and all documents related to filings, agreements or supporting materials in these dockets :
(a) FERC Docket No. E-9556; (b) FERC Docket No. E-6723; (c) FERC Docke t No . IT-5026; (d) FERC Docket No. E-6109; (e) FERC Docket No. E-6129.
10.(a) 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 sur 'Irt$cipation.
(b) Produce m: 1 <
,nents relating to communications among officers, representativas or employees cf CSWS and each ccmmunication between officers er representatives of CSWS and any other persen, relating to particip..; on in the South Texas
Units by any other electric utility.
11.(a) Please produce 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, or any affiliated com-pany of CSWS 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 facilities and tie, pur-suant to Article II, S5 of the Agreement; (iii) actual or potential renewal of the Agreement as provided in Article VI, S8 of the Agreement.
(b) Provide all documents relating to the power supply needs and the availability of power to Brownsville.
(c) Provide all documents relating to the actual or potential provision by CPsL and/or any affiliated company of power to Brownsville, including actual and gctential transmission and subtransmission lines to Brownsville. The scope of this recuest is from January 1, 1957 :: the present.
(d) Provide -
- documents related to the power supply agreement between CP&L and Brownsville dated December 23,
1965. The scope of this reques t is from January 1, 1960 to the present.
- 12. Please provide all documents relating to construc-tion by CP&L of transmission lines now under construction er being planned or considered for construction.
- 13. Please produce all documents relating to the policy of Central and South West Corporation and/or each subsidiary company concerning transmission services.
14.(a) Please produce all documents relating to transmission services, actual or potential, by CP&L and/or any affiliated company, to each of the following:
( i) any municipally owned or operated electric utility; (ii) any cooperative or rural electric cooperative; (iii) any electric utility that is a member of TIS.
(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 CP&L and/or any affiliated company, for the pur-pose of providing transmission services to any of the electric utilities listed in (a) (i)-(iii) above .
- 15. To the extent not otherwise provided or supplied in response to this subpoena for production of documents , please prcduce all documents relating to interconnection and/or interconnected cperation of CP&L and/or any affiliated ccm-pany with any other electric utility.
16.(a) To the extent not otherwise provided or supplied in response to this subpoena for production of documents 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 CP&L and/or any affiliated company, to any of the following:
( i) any municipal electric system; (ii) any electric cooperative or rural electric cooperative; (iii) any other electric utility that is a member of TIS.
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 any 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 uti-lity 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.
17.(a) Please produce all documents relating to electric service to the Brownsville Navigation District (" Port"), tc any user of electricity located at or in the Port , or to any indusrry lccated in an area served by or certified to be served by Brownsville or its predecesscrs 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 produce 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.
18.(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 prcduce all documents relating to any attempts, whether actual er contemplated, by CP&L and/or any affiliated company to acquire er to lease, either in whole or in part, the electric facilities of any municipally or
cooperatively cwned electric utility. The scope of this request is from January 1, 1957 to the present.
- 19. 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, including, but not limited . to stu-dies and analyses.
20.(a) 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 or any affiliated company located in Texas or relating to any other benefits of location in areas within Texas served by any affiliated company of CSWS, 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 within Texas served by any affiliated company of CSWS is irrelevant to the scope of this request.
(b) Please produce all documents relating to each industrial or other large customer of CP&L or of WTU that has terminated purchases of power or services frem CP&L or WTU since January 1, 1970, in order to purchase power and/or ser-vices frcm another supplier.
- 21. Please produce all documents relating to each actual or potential offer by any affiliated company of C5WS 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 exceeded 2,000 kw from January 1, 1957 to the present.
22.(a) To the extent not produced or previously supplied in response to this subpoena for production of documents, please produce all documents relating to actual, potential, possible or contemplated competition between CP&L and/or any affiliated company and any other electric utility.
(b) Please produce all documents relating to each com-munication by any officer or representative of CSWS 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 response to 22.(a) above.
- 23. Please furnish a copy of all of CSWS's responses to interrogatories and document requests submitted to CSWS in the instant proceeding by any other party.
- 24. Please furnish a copy of any information or docu-ments prcvided formally or informally to any of the following: CPLL, WTU, PSO, SWEPCO, CSW, TP&L, CP&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, and not previously supplied to B rownsv ille , relating to any of the following proceedings:
10 -
(a) In the Matter of Houston Lighting & Power Co. et a l, . ( 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 Nos. 50-445A and 50-446A; (c) In the Matter of Central and South West Corporation, et al., SEC Administrative Proceeding File No.
E-4951; (d) West Texas Utilities Company, et al. v. Texas Electric Service Copmany, et al., No. CA3-76-0633F, United States District Court (N. D. Texas, Dallas Div.);
(e) In the Matter of the Emergency Hearing on Intrastate and Interstate Service of Texas Interconnected System, Docke t No. 14, Public Utilities Commission of Texas.
(f) Central Power & Light, et al., FERC Docke t No.
EL79-8.
INSTRUCTIONS .
Unless otherwise specified the period of time for which documents are requested includes the entire period from January 1, 1965 to the date of which documents are made available to Brownsville representatives for inspection and copying.
Brownsville requests that the Keeper of the Records identify the specific request or requests to which each docu-ment is responsive. Where possible, the Keeper of the Records is requested to maintain the integrity of CSWS's filing and recordkeeping systems by producing together docu-ments responsive to this Subpoena, which are found together in the Keeper of the Records' files.
If you claim that any document requested hereunder is privileged, with respect to each such document, 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 judi-cial 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 CSWS, its directors, officers, employees, con-sultants, or agents, including but not limited to contracts ,
memoranda, correspondence, reports, surveys, tabulations, charts, bcoks , pamphlets , photographs , maps , bulletins, minu-
tes, notes, diaries, log sheets, ledgers, transcripts, micro-film, computer printouts, vouchers, accounting statements, 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, mechani-cal, or otherwise.
" Doc umen ts " shall also mean copies of documents, even though the originals thereof are not in the possession, custody, or control of CSWS, 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 , declaracions and comments , and shall include documents as defined in Definition 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, er municipal governments, or a lawful asso-ciation of any of the foregoing, er 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 corporation, association, cooperative, or other legal entity, means to state the name and current address of said organization 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 previde the name of a corporation, legal entity er persen, or the date and aurhor or maker of a document er ccm-munication, along with a reference to the recponse in which a full identification was provided.
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 Definition 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 r 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, log i-cally or factually connected with. Requests " relating to" a subject or item should be understood to include possible or contemplated 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 the foregoing that owns, controls, or operates, er preposes cr is studying the possi-bility of owning, controlling, or cperating, facilities for the generation, transmission and/cr distribution of electricity.
E. " 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 uti-li ty . " 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 normally maintained in an open position is considered an interconnec-tion. A junction by which a lower voltage system is joined to a transmission line through a transformer is considered 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 in te r-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 & South West Services, Inc . , " or "CSWS" shall be understood to include its parent, direct cr indirect subsidiary, affiliated, or predecessor companies.
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 "EL&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 EL&P.
M.
" Texas Power & Light Company" or "TP&L" shall be understood to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor ccmpanies and any enti-ties providing eletric service at wholesale er 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 or 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 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 Ccmpany of Cklahoma" cr "PSC" shall be understood to include its parent, direct er indirec t sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale er retail, the
- 18 -
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 to, 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 obtained a construction per-mit from the Nuclear Regulatory Commission.
Subpoena for Production of Documents UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION In the Matter of )
)
HOUSTON LIGHTING AND POWER COMPANY ) Docket Nos . 50-498A THE CITY OF SAN ANTONIO ) and 50-499A THE CITY OF AUSTIN and )
CENTRAL POWER AND LIGHT COMPANY )
)
( South Texas Proj ect, Unit Nos. )
1 and 2) )
SUBPOENA TO: Keeper of the Records Southwestern Electric ' Power Company 428 Travis Street Shreveport, Louisiana YOU ARE HERESY COMMANDED to make available for inpsec-tion and copying at 428 Travis Street in the city of Shreveport, Louisiana on the 6th day of April, 1979 the document (s) or object (s) described in the attached sche-dule.
Subpoena for Production of Documents
, Page TVo BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD 3Y
................, 1979 Robert A. Jablon Marc R. Poirier Attorneys for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & MCDIARMID 2600 Virg inia Avenue , N. W.
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 specifiec in the subpoena for compliance by the person to whcm the subpoena is directed, and on notice to the carty at whose instance the subpoena was issued, the presiding officer or, if he is unavailable , the Commission may (1) quash or modify the subpcena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition 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 del iv e r ing a copy to h.... and tendering to h. . . . the fee for one day's attendance and mileage allowed by law.
Dated ..............., 19..... By.......................
Service Fees Travel.....................$.........
Services ..................S.........
Total......................S.........
Subcribed and sworn to before me, a ........................
this ............ day of ..................., 19.......
SCHEDULE TO SUBPOENA FOR PRODUCTION OF DOCUMENTS BY SOUTHWESTERN ELECTRIC POWER COMPANY
- 1. Please produce maps sufficient to indicate all current actual and projected SWEPCO transmission and subtransmission lines.
- 2. Please produce all documents relating to each reason that SWEPCO and/or any affiliated company has considered for and against operation in interstate commerce.
- 3. Please produce all documents relating to SWEPCO 's gas supply and/or the gas supply of any company affiliated with SWEPCO 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.
4.(a) Please produce 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.
(b) Please provide the unit price of power or energy purchased from any other electric utilities, by utility and by month, from January 1, 1972 to date. Please list price for demand and energy separately. Please list separately each type of power produced,;.c., firm power, econcmy power, scheduled maintenance power, etc.
(c) Please provide the average fuel cost in mills /kwh for self-generated energy by =cnth frem January 1972.
(d) Please produce dccuments sufficient to indicate the average unit price of energy sold to each utility by
month from January, 1972 to date, in the same format as (b) above. Exclude all customers which purchase their full requirements from SWEPCO.
(e) Please produce documents sufficient to indicate load duration curves by day and week for the winter and summer peak period for each year from 1972 to date, including both actual load duration curves and those depicting proj ected load duration through 1990, if available, prepared from 1972 to date.
(f) Please produce documents sufficient to indicate projected mill rate dispatch tables from 1972 through 1990.
(g) 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 Forms 1, 12, and 423 from January 1, 1972 to date.
- 5. Please produce all documents relating to any arrangements of SWEPCO and/or any affiliated company relating to power generated at any hydroelectric generating facility, including acquisition, use, coordinating, scheduling, and direct purchase of such power.
- 6. Please produce all documents relating to the policy of SWEPCO and/cr any affiliated ccmpany concerning transmission services including wheeling.
- 7. Please produce all dccuments relating to construc-tion of additional transmission facilitie s , or to increasing the capacity of existing transmission facilities , actual or
3-potential, by SWEPCO and/or any af filiated company, for the purpose of providing transmission services to any other electric utility located in whole or in part in Texas.
- 8. Please produce all documents relating to intercon-nection and/or interconnected operation of SWEPCO and/or any affiliated company with any other electric utilities operating in whole or in part in Texas .
9.(a) To the extent not otherwise provided in response to this subpoena for production of documents , 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 SWEPCO and/or any affiliated company, to any of the following:
(i) any municipal electric system located in whole or in part in Texas; (ii) any electric cooperative or rural electric coopera-tive located in whole or in part in Texas; (iii) any affiliated company of SWEPCO; (iv) any electric utility that is a member of TIS.
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) -
(iv) above in any generation facility of which SWEPCO and/or an affiliated company is whole or part owner.
_4_
(c). Please produce all documents relating to joint par-ticipation by SWEPCO and/or any affiliated company and any electric utility listed in (a) (i)-(iv) 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.
- 10. Please provide all documents relating to the power supply, transmission requirements, and/or ccmpetitive posi-tion of any municipally or cooperatively owned and/or operated electric utility located in whole or in part in Texas, including but not limited to studies and analyses.
- 11. Please produce SWEPCO's rate schedules or filed transmission tariffs for service to all classes of customers since January 1, 1970.
- 12. Please produce all documents relating to policy regarding offers by SWEPCO and/or any affiliated ccmpany of any special rate or individually designed rate to any customer.
13.(a) To the extent not otherwise provided in response to this subpoena for production of documents, please produce all documents relating to actual, potential, possible Or con-templated competition between SNEPCO and/or any affiliated company and any other electric utility located in whole or in parr in Texas .
(b) To the extent no t otherwise provided in response to this subpoena for producrion of documents, please prcduce
5-all documents in the actual or constructive possession of SWEPCO relating to power supply, cost of generation, cost to customers, or reliability of service of any other electric utility located in whole or in part in Texas .
(c) Please produce all documents relating to each com-munication by any officer or representative of SWEPCO and/or any affiliated company, to any other person, including r.em-bers of, or employees of, any governing boards, city com-missions, or utility commissions responsible for the overall operation of any municipally or cooperatively owned and/or operated electric utility operating in whole or in part in Texas, relating to any subject described in (a) or (b) above.
- 14. Please furnish a copy of any information or docu-ments provided formally or informally to any of the following: CP&L, WTU, PSO, 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 Ccmmission, and not previously supplied to Brownsville, relating to any of the following proceedings:
(a) In the Matter of Ecuston Lighting & Power Co. et al. ( South Texas Proj ect, Units 1 and 2), NRC Docke t Nos . 50-498A and 50-499A; (b) In the Matter of Texas Utilities Generating Company (Ccmanche Peak Steam Electric Station, Units 1 and 2), NRC Docke t No s . 50-445A and 50-446A; (c) In the Matter of Contral and South West
6-Corporation, et al., SEC Administrative Proceeding File No.
e-4951; (d) West Texas Utilities Company, et al. v. Texas Electric Service Copmany, et al., No. CA3-76-0633F, United States District Court (N. D. Texas, Dallas Div.);
(e) In the Matter of the Emergency Hearing on Intrastate and Interstate Service of Texas Interconnected System, Docke t No . 14, Public Utilities Commission of Texas.
(f) Central Power & Light, et al.., FERC Dockat No.
EL79-8.
INSTRUCTIONS Unless otherwise specified, the period of time for which documents are requested includes the entire period from January 1,1965 to the date on which documents are made available to representatives of the Public Utilities Board of the City of Brownsville , Texas ("Brownsville") for inspection and copying.
Brownsville request, that the Keeper of the Records identify the specific request or requests to which each docu-ment is responsive. Where possible, the Keeper of the Records is requested to maintain the integrity of SWEPCO's filing and recordkeeping systems by producing together dccu-ments responsive to this Subpoena, which are found together in the Keeper of the Recc rd s ' files.
If you claim that any document requested hereunder is priv ileg ed , with respect to each such document, 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 judi-cial 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
.cody of SWEPCO, 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, micro-film, computer printouts, vouchers, accounting statements, 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, mechani-cal, or otherwise.
"Cecuments" shall also mean copies of documents , even though the originals thereof are not in the possessien ,
custedy, er control of SWEPCC, and every copy of a document which contains handwritten or ocher 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 Definition A. abov e .
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 ccm-munication should be specified .
" Identify," when used with reference to any corporation ,
association, ccoperative, or other legal entity, means Oc state the name and current address of said organization 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, plaase provide the name of a corporation, legal entity or person, or the date and author or caker of a document or com-munication, along with a reference tc the response in which a full identification was provided.
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 Definition C. above, who at a particular formal or informal meeting, or in a particular document or com-munication, 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. " Rela ting to" or " relate" means consisting of, referring to , reflecting, or being in any way legally, log i-cally or factually connected with. Requests " relating to" a
subject or item should be understcod to include possible or contemplated actions as to such subject or item. For example, a request for documents relating to interconnection plans vould include documents relating to interconnection arrangenents 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 uti-lity. " Transmission services" shall 1so include the sale by a utility of transmission capacity without energy.
" Transmission services" include wheeling.
I. " In te rconnec tion" shall mean the physical junction of the electric transmission systems of two or r. ore electric utilities so tha t electricity may flow over the junction according to location of points of power generation and power usage, in the same manner as electricity flows ever One
lines of an individual electric system. A junction normally maintained in an open position is considered an interconnec-tion. A junction by which a lower voltage system is joined to a transmission line through a transformer is considered an interconnection.
" Interconnected cperation" 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 operaticn" includes all forms of interchange, including salec, 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. " Southwestern Electric Power Ccmpany" or "SNEPCO" shall be understood to include its direct or indirect sub-sidiary, or predecessor ccmpanies and any entities providing electric service at wholesale or retail, the croperties or assets of whch have been acquired by SWEPCO.
K. Affiliated Ccmpany," when used in the contexr
"SWEPCO and/or any affiliated company", or "any affiliated company of SWEPCO", means Central and South West Corpo ra tion ,
its subsidiaries, Central Power & Light 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. " 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.
M. " 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.
N. " South Texas Units" shall be understood to refer to the nuclear generating units for which applicants in the above-captioned proceeding have obtained a construction per-mit from the Nuclear Regulatory Commission.
Subpoena for Production of Documents UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION In the Matter of )
)
HOUSTON LIGHTING AND POWER COMPANY ) Docke t Nos. 50-498A THE CITY OF SAN ANTONIO ) and 50-499A THE CITY OF AUSTIN and )
CENTRAL POWER AND LIGHT COMPANY )
)
(South Texas Project, Unit Nos. )
1 and 2) )
SUBPOENA TOs Keeper of the Records West Texas Utilities Compt ny 1010 North 3rd Street Abiler.e , Texas 79601 YOU ARE HEREBY COMMANDED to make available for inspec-tion and copying at 1010 North 3rd Street in the city of Abilene, Texas on the 5th day of April, 1979 the doc ument ( 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 Robert A. Jablon Marc R. Poirie r Attorneys for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & MCDIARMID 2600 Virginia Avenue, N. W.
Washington, D. C. 20037
( 2 0.7 ) 333-4500 10 C.F.R. 2.720(f)
On motion made pramptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena 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 subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition 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 delivering a copy to h.... and tendering to h. . . . the fee for one day's attendance and mileage allowed by law.
Dated ..............., 19..... By.......................
Service Fees Travel.....................$.........
Serv ices ..................S.........
Total......................$.........
Suberibed and sworn to before me, a ........................
this ............ day of ..................., 19.......
SCHEDULE TO SUBPOENA FOR PRODUCTION OF DCCUMENTS BY WEST TEXAS UTILITIES COMPANY
- 1. Please produce maps sufficient to indicate all current actual and projected WTU transmission and subtransmission lines.
- 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 produce all documents relating to each reason that WTU and/or any affiliated company has considered for and against operation in interstate commerce.
- 4. 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.
CA-3-76-0633F (N.D. Texas, Dallas Div.) or in other related proceedings (as noted in Request No . 2) of this Schedule ) .
- 5. Please produce all documents relating to WTU's gas supply and/or the gas supply of any company affiliated with WTU including entitlements , cwnership interests or any other form of control of cr access to gas , and including proj ec-tions or potential supply for or covering the period 1972 to data. Exclude routine billing documents .
2-6.(a) Please produce all fuel contracts in eff ect at any time from January 1, 1972 to the present . Please include expiration dates and renegotiation dates for all such contracts.
(b) Please provide the unit cost of power or energy purchased from any other electric 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 price per kwh of energy sold wholesale to each utility by month from January, 1972 to date, including data similar to that requested in (b) above.
Exclude any demand or fixed costs; exclude full requirements customers.
(e) Please produce documents sufficient to indicate load duration curves by day and week for the winter and summer peak period for each year from 1972 to date, including both actual load duration curves and those depicting pro-jected load duration through 1990, if available, prepared from l$72 to date.
(f) Please produce documents sufficient to indicate proj ected mill rate dispatch tables frcm 1972 through 1990.
(g) Please produce copies of the Uniform Statistical Report to the Edison Electric Institute from 1972 to the pre-sent.
(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 infor-mation.
(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 Utilties 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 1 schedules:
422-423 purchased power 424 interchange power 425 transmisison by or for others 431 electric energy account; monthly peaks and output 432-441 generating plants 442-444 transmission line statistics; transmisison 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 Ccmmission 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 lead flow diagrams for the main transmissin system from 1972 to date, including summer peak, winter peak, and a typical off-peak period.
- 7. Please produce all documents relating to any arrangements involving W"U and/or any affiliated company relating to power generated at the Falcon Dam, the Amistad Dam or any other hydroeleccric generating facility, including acquisition, use, coordinating, scheduling, and direce purchase of such power.
5-
- 8. Please produce all documents relating to the purchase, sale or any other form of capacity and/or energy exchange by WTU and/or any affiliated company of power and/or energy to or from the Comision Federal de Electricidad, the Se rvicios Electricos de Piedras Negras, or any other electric utility in Mexico, including but not limited to documents relating to the costs and fea::ibility of such transactions.
The scope of this request is from January 1,1957 to the present.
- 9. 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.
- 10. Produce all documents relating to the actual or potential provision by WTU and/or any affiliated company of power 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.
- 11. Please produce all documents relating to the policy of WTU and/or any affiliated company concerning transmission services including wheeling.
- 12. Please produce all documents relating to construc-tion of additional transmission facilities, or to incre as ing the capacity of existing transmission facilities , actual or potential, by WTU and/or any affiliated company, for the purpose of providing transmission services to any other electric utility.
13.(a) To the extent not otherwise provided or supplied in response to this subpoena for production of documents, please produce all documents relating to the sale of power, actual, planned or potential, or to establishing terms for the sale of power, from WTU and/or any affiliated company, to any of the following:
(i) any municipal electric system located outside WTU's
. ser-fice area; (ii) any electric cooperative or rural electric cooperative located outside WTU's service area; (iii) any affiliated company of WTU;
( iv) any other electric utility that is a member of TIS.
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 in any generation facility of which WTU and/or an affiliated company is whole or part owner.
(c) Please produce all documents relating to joint par-ticipation by WTU and/or any affiliated ccmpany and any electric utility 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.
- 14. Please provide all dccuments relating to the power supply, transmission recuirements , and/or competitive posi-tion of any municipally or cooperatively cwned and/cr
Operated electric utility, including, but not limited to stu-dies and analyses.
- 15. Please produce all documents from January 1, 1970 to the present relating to inquiries by potential new industrial customers concerning rates or services of WTU and/or any affiliated company or any other benefits of loca-tion in areas served by WTU and/or any affiliated company.
Whether or not any particular industrial customer actually chose or may choose to locate in territory served by WTU and/or any affiliated company is irrelevant to the scope of this request.
- 16. Please produce all documents relating to ter-mination of purchases .of power or services from WTU and/or any affiliated company by any industrial, commercial, or other customer of WTU and/or any affiliated company who remained in the same location but purchased power from a different supplier.
- 17. Please produce rates of WTU for all classes of customers since January 1, 1970.
18.(a) Please produce all documents relating to each actual or potential offer by WTU and/or any affiliated com-pany of any special rate or individually designed rate to any custcmer, including, but not limited to , industrial or ecm-mercial custcmers whose peak load has ever exceeded 2,000 kw, from January 1, 1957 to the present.
(b) Produce all documents relating to each actual or potential offer by WTU of a special rate or individually designed rate to any potential new industrial customer by WTU and/or any affiliated company since January 1, 1957.
(c) Please produce all documents relating to every ccm-munication with any industrial or commercial customer or potential new industrial customer who received such an offer that occurred in the year in which each offer described in (a) or (b) acove was made or considered, and the two years pre-ceeding and the two years following the year in which the offer was made or considered. Exclude routine billing docu-ments.
19.(a) To the extent not otherwise provided in response to this subpoena for production of documents, please produce all documents relating to actual, m atential, possible or con-templated competition between WTU and any other electric uti-lity.
(b) To the extent not otherwise provided in response to this subpcena for production of documents, please produce all documents relating tc actual, potential, possible , or contemplated competition between any af filiated company of WTU and any other electric utility.
(c) To the extent not otherwise provided in response to this subpoena for production of documents , please produce all documents in the actual or constructive possession of WTU relacing to power supply, cost of generation, cost to custe-mers, or reliability of service of any cther electric utility.
(d) Please produce all documents relating to each com-munication by any officer or representative of WTU and/or any affiliated company to any other person, including members of, or employees of, any governing boards, city ccmmissions, or utility commissions responsible for the overall operation of any municipally or cooperatively owned and/or operated electric utility, relating to any subj ect described in (a),
(b) or (c) above.
- 20. Please furnish a copy of any information or docu-ments provided formally or informally to any of the following: CP&L, PSO, SWEPCO, CSW, TP&L, DP&L, TESCO, TU, EL&P, the Texas Public Utilities Commission, the United States Department of Justice, the Staf f of' the United States Nuclear Regulatory Commission, and not previously supplied to Brownsville, relating to any of the following proceedings; (a) In the Matter of Houston Lighting & Power Co. et al. ( South Texas Proj ect, Units 1 and 2), NR'C Docke t 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 Nos. 50-445A and 50-446A;
(c) In the Matter of Central and South West Co rpora tion , et al., SEC Administrative Proceeding File No.
3-4951; (d) West Texas Utilities Company et al. v. Texas Electric Service Company, et al., No . CA3-7 6-0 6 3 3 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, Docke t No . 14, Public Utilities Ccmmission of Texas.
(f) Central Power & Light et al., FERC Docket No . EL79-8.
INSTRUCTIONS Unles otherwise specified, the period of time for which documents are requested includes the entire period from January 1,1965 to the date of which documents are made available to representatives of Brownsville for inspection and copying.
Brownsville requests that the Keeper of the Records identify the specific request or requests to which each docu-ment is responsive. Where possible, the Keeper of the Records is requested to maintain the integrity of WTU's filing and recordkeeping systems by producing together docu-ments responsive to this Subpoena, which are found together in the Keeper cf the Records ' files.
If you claim that any document requested hereunder is privileged, with respect to each such document, please pro-vide the following:
11 -
(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 judi-cial protection alleged to be necessary to protect the privilege or confidential nature of any such doct'ent.
DEFINITIONS A. " Documents" mean all writings and records of every type in the actual or constructive possession, control, or custody of WTU, 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, minu-tes, notes, diaries, leg sheets, ledgers, transcripts, micro-film, computer printouts, vouchers, accounting statements, 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, mechani-cal, or otherwise.
"Cocuments" shall also mean copies of documents , even though the originals thereof are not in the possession ,
custody, or control of WTU, 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 recuest.
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 Definition 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, recipicnt(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 ccmmunicated to, persons for whom the communication was intended , date and subject of the ccm-munication should be specified.
" Identify," when used with reference to any corpora:icn, association, cooperative, er other legal entity, means to state the name and current address of said organization 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 com-munication, along with a reference to the response in which a full identification was provided.
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 Definition C. above, who at a particular formal or informal meeting, or in a particular document or com-munication, appear to participate in the meeting, or in the making of or the receipt of the document or commun3 cation, 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 a2 a representative.
F. " Relating to" or " relate" means consisting of, referring to, reflecting, or being in any way legally, leg -
cally or factually connected with. Requests " relating to" a
subject or item should be understood to include possible or contemplated 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 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 uti-lity. " Transmission services" shall 1so include the sale by a utility of transmission capacity without energy.
" Transmission services" include wheeling.
I. " Inter connec tion" shall mean the physical junction of the electric transmission systems of two or :. ore 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 j unction normally
maintained in an open position is considered an interconnec-tion. A junction by which a lower voltage system is joined to a transmission line through a transformer is considered 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 transmisison and/or subtransmission sytems of electric utili-ties 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 interconnec-tion 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. " West Texas Utilities Company" or "WTU" 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, che propercies er assets of which have been acquired by WTU.
K. " Affiliated Company," when used in the context "WTU and/or any affiliated company", or "any affiliated company of WTU", means Central and South West Corporation, its sub-
16 -
sidiaries, Central Power & Lig ht Company, Public Service Company of Oklahoma, Southwestern Electric Power Ccmpany, CSR Services, Inc., and any other subsidiary of Central and South West Corporstion, and all subsidiaries of such subsidiaries.
L. " Central Power & Light Company" or CP&L" 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 WTU.
M. " Central & South West Corporation" or "CSW" 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 Central &
South West Corporation.
N. " South Texas Units" shall be understood to refer to the nuclear generating units for which applicants in the above-captioned proc'eeding hold construction permits issued by the Nuclear Regulatory Commission.
. 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 ) and 50-499A THE CITY OF AUSTIN and )
CENTRAL POWER AND LIGHT COMPANY )
)
(South Texas Project, Unit Nos. )
1 and 2) )
SUBPOENA TO: Keeper of the Records Public Service Company of Oklahoma 212 E. 6th Street Tulsa, Oklahoma 74119 YOU ARE HERESY COMMANDED to make available for ingsec-tion and copying at 212 E. 6th Street in the city of Tulsa, Oklahoma on the 4th day of April, 1979 the document (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 Robert A. Jablon Marc R. Poirier Attorneys for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & MCDIARMID 2600 Virginia Avenue, N. W.
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 subpoena 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 subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
RETURN ON SERVICE Received this subpoena at ........................... . on
............................. and on .....................
a t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s e rv e d it en the within n a me d . . . . . . . . . . . . . . . . . . . . . . . . . . . . by de l i v e r i n g a co py to h.... and tendering to h.... the fee for one day's attendance and mileage allowed by law.
Dated ..............., 19..... By.......................
Service Fees Trave 1.....................$.........
Se rvices ..................S.........
Tota 1......................S.........
Su' o cribed and sworn to before me, a ........................
this ............ day of ..................., 19.......
' SCHEDUC TO SUBPOENA FOR PRODUCTION OF DOCUMENTS BY PUBLIC SERVICE COMPANY OF OKLAHOMA
- 1. Please produce maps sufficient to indicate all current actual and projected PSO transmission and subtransmission lines.
- 2. Please produce all documents relating to each reason that PSO and/or any af filiated company has considered for and against operation in interatate commerce.
- 3. Please produce all documents relating to PSO's gas supply and/or the gas supply of any ccmpany af filiated with PSO 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.
4.(a) Pledse produce all fuel contracts in effect at any time f rom January 1, 1972 to the present. Please include expiration dates and renegotiation dates for all such contracts.
(b) Please provide tne unit cost of power or energy purchased from any other electric utilities, by utility and by month, frem January 1, 1972 to date. Please list cost for demand and energy separately. Please list separately each type of power produced, e.g., firm power, econcmy 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 produce documents sufficient to indicate the average unit price of energy sold to each utility by
month from January, 1972 to date, in the same format as (b) above. Exclude documents relating to customers who purchase their full requirements from PSO.
(e) Please produce documents sufficient to indicate load duration curves by day and week for the winter and summer peak period for each year from 1972 to date, including both actual load duration curvas and those depicting projected load duration through 1990, if available, prepared from 1972 to date.
(f) Please produce documents sufficient to indicate projected mill rate dispatch tables from 1972 through 1990.
(g) 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 Forms 1, 12, and 4 23 f rom January 1, 1972 to date.
- 5. Please produce all documents relating to any arrangements involving PSO and/or any affiliated company relating to power generated at any hydroelectric generating f acility, including acquisition, use, coordinating, sche-duling, and direct purchase of such power.
- 6. Please produce all documents relating to the policy of PSO and/or any affiliated company concerning transmission services including wheeling.
- 7. 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 PSO and/or any affiliated company, for the purpose of providing trans asion services to any other electric utility located in whole or in part in Texas.
- 8. Please produce all documents relating to intercon-nection and/or interconnected operation of PSO and/or any affiliated company with any other electric utilities operating in whcle or in part in Texas.
9.(a) To the extent not otherwise provided or supplied in response .o this subpoena for production of documents 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 PSO and/or any affiliated company, to any of the following:
(i) any municipal electric system located in whole or in part in Texas; (ii) any electric cooperative or rural electric coopera-tive located in whole or in part in Texas; (iii) any affiliated company of PSO; (iv) any electric utility that is a member of TIS.
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) -
(iv) above in any generation facility of which PSO and/or any affiliated company is whole or part cwner.
(c) Please preduce all documents relating to joint par-ticipation by PSO and/or any afriliated company and any electric utility listed in (a) (i)-(iv) 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.
- 10. Please provide all documents relating to the power s upply , transmission requirements, and/or competitive posi-tion of any municipally or cooperatively owned and/or operated electric utility located in whole or in part in Texas, including but not limited to studies and analyses.
- 11. Please produce PSO's rate schedules, tariffs, and/or service contracts for electric service to all classes of customers since January 1, 1970.
- 12. Please produce all documents relating to policy regarding offers by PSO and/or any affiliated company of any special rate or individually designed rate to any customer.
13.(a) To the extent not otherwise provided in response to this subpoena for production of documents please produce all documents relating to actual, potential, possible or con-templated competition between PSO and/or any af filiated com-pany and any other electric utility located in whole or in part in Texas.
(b) To the extent not otherwise provided in response to this subpoena for production of documents please produce
all documents in the actual or constructive possession of PSO relating to power supply, cost of generation, cost to customers, or reliability of service of any other electric utility located in whole or in part in Texas.
(c) Please produce all documents relating to each com-munication by any officer or representative of PSO and/or any affiliated company, to any other person, including mem-bers of, or employees of, any governing boards, city com-missions, or utility commissions responsible for the overall operation of any municipally or cooperatively owned and/or operated electric utility operating in whole or in part in Texas, relating to any subject described in 13(a) or 13(b) above.
- 14. Please furnish a copy of any information or docu-ments provided formally or informally to any of the following: CP&L, WTU, SWEPCO, CSW, TP&L, DP&L, TESCO, TU, HL&P, the Texas Public Utilities Commission, the United States Department of Justice, the Staff of the United States Nuclear Regulatory Commission, and not previously supplied to B rownsv ille , relating to any of 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 Nos. 50-445A and 50-446A; (c) In the Matter of Central and South West
6-Co rpora tion , et al., SEC Administrative Proceeding File No.
e-4951; (d) West Texas Utilities Company, et al. v. Texas Electric Service Copmany, et al., No. CA3-76-0633F, United States District Court (N. D. Texas, Dallas Div.);
(e) In the Matter of the Emergency Hearing on Intrastate and Interstate Service of Texas Interconnected System, Docke t No . 14, Public Utilities Commission of Texas.
(f) Central Power & Light, et al . , FERC Docke t No.
EL79-8.
INSTRUCTIONS Unless otherwise specified, the period of time for which documents are requested includes the entire period from January 1, 1965 to the date on which documents are made available to representatives of the Public Utilities Board of the City of Brownsville, Texas ( " Brownsv ille" ) for inspection and copying.
Brownsville requests that the Keeper of the Records identify the specific request or requests to which each docu-ment is responsive. Where possible, the Keeper of the Records is requested to maintain the integrity of SWEPCO's filing and recordkeeping systems by producing together docu-ments responsive to this Subpoena, which are found toge the r in the Keeper of the Records' files.
If you claim that any document requested hereunder is privileg ed , with respect to each such document, 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 judi-cial 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 PSO, its directors, officers, employees, con-sultants, or agents, including but not limited to contracts, memoranda, correspondence, reports, su rveys , tabula tions ,
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, mechani-cal, or otherwise.
" Documents" shall also mean copies of documents, even though the originals thereof are not in the possession, custody, or control of PSO, 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 Definition 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 che com-munication should be specified.
" Identify," when used with reference to any corporation, association, cooperative, or other legal entity, means to state the name and current address of said organization 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 com-munication, along with a reference to the response in which a f ull identification was provided.
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 Definition C above, who at a particular formal or informal meeting, or in a particular document or com-munication, appear to participate in the meeting, or in the making of or the receipt of the document or communication, en behalf of or as agent for, said person. Whether or not a re resentative 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, leg i-cally or factually connected with. Requests " relating to" a
subject or item should be understood to include possible or contemplated 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 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 uti-li ty .
" Transmission services" shall 1so 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 normally maintained in an open position is considered an interconnec-tion. A junction by which a lower voltage system is joined to a transmission line through a transformer is considered 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. "Public Service Company of Oklahoma" or "PSO" shall be understood to include its direct or indirect subsidiary, or predecessor companies and any entities providing electric service at wholesale. or retail, the properties or assets of whch have been acquired by PSO.
K. " Affiliated Company," when used in the context "PSO and/or any affiliated company", or "any affiliated company of PSO", means Central and South West Corporation, its sub-sidiaries, Central Power & Light 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. " 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.
M. " 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.
N.
" South Texas Units" shall be understood to refer to the nuclear generating units for which applicants in the above-captioned proceeding have obtained a construction per-mit from the Nuclear Regulatory Commission.
UNITED STATES OF AMERICA
^ -
BEFORE THE NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
HOUSTON LIGHTING & POWER COMPANY, ) Docke t Nos. 50-498A et al. ) and 50-499A
)
(South Texas Project, Unit Nos. )
1 and 2) )
)
)
)
In the Matter of ) Docket Nos. 50-445A
) and 50-446A TEXAS UTILITIES GENERATING COMPANY,)
et al. )
)
(Comanche Peak Steam Electric )
Station, Unit Nos. 1 and 2) )
IlTIRMATION OF SERVICE DISTRICT OF COLUMBIA, ss:
I, SUSAN G. WHITE, being first duly sworn, affirm that copies of the foregoing APPLICATION FOR ISSUANCE OF SUBPOENAS in the above-captioned proceeding have this 14th day of March,1979 been served upon the following persons , either by deposit in the U. S. mail, first class, postage prepaid, or as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission internal mail system:
- 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. 20044
- Sheldon J. Wolfe, Esquire Atomic Safety & Licensing Board Joseph Gallo, Esquire Panel Richard D. Cudahy, Esquire Nuclear Regulatory Commission Robert H. Loe f fler , Esquire Washington, D. C. 20555 Isham, Lincoln & Beale Suite 701 Michael L. Glaser, Esquire 1050 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. 20024 Dallas, Texas 75201 R. Gordon Gooch , Esquire Spencer C. Relyea, Esquire John P. Mathis, Esquire Worsham, Forsythe & Sampels Baker & Botts 2001 Bryan Tower, Suite 2500 1701 Pennsylvania Avenue , N. W. Dallas, Texas 75201 Washington, D. C. 20006 R. L. Hancock, Director Robert Lowens tein , Esquire City of Austin Electric J. A. Bouknight, Jr., Esquire Utility Department Lowenstein, Newman, Reis & P. O. Box 1088 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.
Washing ton , 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 2600 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. Roger 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. Aaker, Esquire Perry G. Brittain, President Assistant Attorney General Texas Utilities Generating P. O. Box 12548 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 One Shell Plaza orlando, Florida 82803 Houston, Texas 77002 G. W. Oprea, Jr.
Somervell County Public Library P. O. Box 417 Executive Vice President i'len Rose, Texas 76403 Houston Lighting & Power Company P. O. Box 1700 Maynard Human, General Manager Houston, Texas 77001 Western Farmers Electric Coop.
P. O. Box 429 Anadarko, 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 Power Coop., Inc.
P. O. Bc 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 Mcyes Southwest, Inc. 21 ') Couch Drive 5541 Skelly Drive Oklahoma City, Oklahoma 73101 Tulsa, Oklahoma 74135 N
$W '
6 sc L Susan . White I
/'
SUBSCRIBED AND SWORN TO before me, a Notary Public in and for the City of Washington, District of Columbia, this 14th day of March, 1979.
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My C.mm.-w Erpues Septe:cler 30. Ie73