ML19269C957

Initial Interrogatories to & First Request for Production of Documents by Houston Lighting & Power Co from Public Util Board of Brownsville,Tx.Certificate of Svc Encl

ML19269C957
Person / Time
Site:	South Texas
Issue date:	01/31/1979
From:	Poirier M SPIEGEL & MCDIARMID
To:
Shared Package
ML19269C954	List: ML19269C953 ML19269C957
References
NUDOCS 7902220126
Download: ML19269C957 (30)

Text

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UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of Houston Lighting & Power Company )

The City of San Antonio )

The City of Austin ) Decket Nos. 50-498A Central Power & Light Company ) and 50-499A (South Tbxas Project, Units )

No. 1& No. 2) )

INITIAL INTERROGATORIES TO AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY HOUSTON LIGHTING & PCWER CCMPANY FROM THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS Pursuant to Sections 2.740, 2.740(b) and 2.741 of the Nuclear Regulatory Commission's Rules of Practice under the Atomic Energy Ac t , the Public Utilities Board of the City of Brownsville, Texas ( " Brownsv ille " ) hereby files initial interrogatories to and requests the production of doctmnents by Houston Lighting & Power Company ("HL&P") .

I. GENERAL INSTRUCTIONS

1. Each interrogatory should be answered separately and fully in writing under oath or af firmation by the person (or persons) making it.

2. Each document produced in response to this request should be referenced with the number (s) of the relevant request and subsection, if any. Should any of the documents requested pursuant to this set of interrogatories and requests for document production have already been made available for Brownsville's inspection, it will be suf-ficient to note this fact and to provide the following information: (1) document production number, if any; (2) 790222o1 %

date, author, addressee (if any), persons receiving distribu-tion of such document or copies thereof; (3) a description of the nature of the document; and (4) the particular request and item number in response to which the document has pre-viously been produced.

3. Responses to interrogatories and requests for the production of documents shall be served upon the follo.ing persons:

Robert C. Mc Dia rmid , Esquire Robert A. Jablon, Esquire Marc R. Poirier, Esquire Spiegel & Mc Diarmid 2600 Virginia Avenue , N. W.

Wa sh ing ton , D. C. 20037

4. Documents should be provided by HL&P as they become available, but in any event no later than 30 days after the date of this request.

5. These interrogatories and requests for documents are of a continuing nature and require supplemental answers should HL&P generate or obtain further pertinent info rmation or documents between the time its answers are filed and its documents produced and the time of the evidentiary hearing.

II. DEFINITIONS A. " Documents" mean all writings and records of every type in the actual or constructive possession, control, or custody of HL&P, its directors, officers, employees, con-sultants , or agents , including but not limited to contracts, memoranda, correspondence, reports, surveys, tabulations,

3-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, speecnes and all other records, written, electrical, mecha-nical, or otherwise.

" Do c umen ts " shall also mean copies of documents, even though the originals thereof are not in the possession, custody, or control of HL&P, 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, witheut 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 II.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.

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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-municati)n, persons communicated to, persons for whom the communic.a tion was intended, date and subject of the com-munication should be specified.

" Identify," when used with reference to any cor-poration, association, cooperative, or other legal entity, means to state the name and current address of said organiza-tion or entity; if the current address is unknown, provide the last known address.

" Id e n t i f y , " 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 jcb title, and employer, should be specified. If the current address is unknown , please provide the last known address.

Where more than one request in this series asks for identification of a document, communication, legal entity, or person, in response to the second and subsequent requests, please provide the name of a corporation, legal entity or person, or the date and author or maker of a document or communication, along with a reference to the response in which a full identification was provided.

E. " Repre sen ta t ive" shall be anderstood to include ,

without limiting the generality of i ts meaning , any director, officer, employee, contractor, or consultant, of any person as defined in II.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 or the receipt of the document or communication, on behalf of or as agent for, said person. Whether or not s representative has actual authority as an agent of the person is irrelevant to his or her status as a rer ereative.

F. " Relating

• or "relata" means consisting of, referring to, rc '

. ting, or being in any way legally, logically or factually connected with. Requests " relating to" a sub-ject or item should be understood to include possible or con-templated actions as to such subject or item. For example, a request for documents relating to interconnection plans would include documents relating to interconnection arrangements that have been considered but rejected.

G. " Electric utility" means a private corporation, cooperative, rural electric cooperative, municipality, joint stock association, or any political subdivision, agency or instrumentality of federal, state, or municipal governments, or a lawful association of any of the foregoing that owns, controls, or operates, or proposes or is studying the possi-bility of owning, controlling, or operating, f acilities for the generation, transmission and/or distribution of electricity.

H. " Transmission services" shall mean the undertaking by a utility to transmit power and/or energy for any other electric utility, whether the power and/or energy is generated by the first utility or by any other electric util-ity. " Transmission services" shall also include the sale by a utility of transmission capacity without energy.

" Transmission services" include wheeling.

I. " In te rconnec tion" shall mear. the physical junction of the electric transmission systems of two or more electric utilities so that electricity may flow over the junction according to location of points of power generation and power usage, in the same manner as electricity flows over the lines of an individual electric system. A junction nor-mally maintained in an open position is considered an inter-connection. A junction by which a lower voltage system is joined to a transmission line through a transformer is con-sidered an interconnection.

" Interconnected operation" between two or more electric utilities shall mean a method of operation in which electri-city flows over interconnections between the electric transmission and/or subtransmission systems of the electric utilities in the same manner as electricity flows along the lines of an individual electric system, 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, f irm powe r ,

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 Power & Light Company" or "CP&L" shall be understood to include its parent, direct or indirect sub-sidiary, r.cfiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by CP&L.

X. " Af filiated Company," when used in the context "CP&L and/or any affiliated company", or "any affiliated company of CP&L", means Central and South West Co rpo ra tion , its sub-sidiaries, West Texas Utilties Company, Public Service Company of Oklahoma, So uthwes tern Electric Power Company, CSR Services, Inc. , and any other subsidiary of Central and South West Co rpora tion , and all subsidiaries of such subsidiaries.

L. " Houston Lighting & Power Company" or " HL& P " shall be understcod to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by HL&P.

M. " Te xas Powe r & Light Company" or "TP&L" shall be understood to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by TP&L.

N. " Callas Power & Light Company" or "DP&L" shall be understood to include its parent, direct or indirect subsidiary

affiliated, or predeces9Le 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-cidiary, 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, af fil-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.

O. " So uthwe s te rn Electric Power Company" or "SWEPCO" shall be understood to include its parent, direct or indirect subsidiary, af filiated, or predecessor companies and any entities 'providing electric service at wholesale or retail, the properties or as.ets of which have been acquired by SWEPCO.

R. "Public Service Company of Cklahoma" or "PSO" shall be unders t::cd to include its parent, direct or indirect sub-s id ia ry affiliated, or predecessor companies and any enti-ties ptoviding electric service at wholesale or retail, the prope rties or assets of which have been acquired by Public Service Company of Cklahoma.

S. " Central & So uth We s t Corporation" or "CSW" shall be understocd 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 Cc.npany, its parent, affiliated, direct or indirect subsidiary and all pr?decessor companies, including, but not limited to, Texas Utilities Company, Dallas Power &

Light Company, Texas Electric Sers ice Company and Texas Power

& Light Company.

U. " South Texas Units" shall be understocd 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.

III. DOCUI ENTS NO LONGER IN HL&P'S POSSESSION, CUSTODY, OR CONTROL If any document otherwise responsive to any request was, on or af ter December 19, 1970 (date of enactment of P. L.91-560), but is no longer in HL&P's possession, or subject to HL&P's control, or in existence, state whether (1) it is missing or lost, (2) has been destroyed, (3) has been trans-ferred voluntarily to others, or (4) has been otherwise disposed of. In each instance, explain the circumstances surrounding such disposition and identify the person ( s) directing or authorizing its destruction or transfer, and the date(s) f such direction or authorization. Identify each such dccument by listing its author and addressee, type (e.g., letter , memorandum, telegram, chart, photograph, etc.), date, subject matter, whether the document (or copies) are still in existence, and if so, their present location (s)

and custodian (s).

IV. SCOPE OF PRODUCTION Each paragraph below, unless otherwise specified, refers to all communications of which HL&P is aware, made or received from January 1, 1965, to date and to all documents made, sent, dated or received from January 1, 1965 to date, in HL&P's possession, custody, or control.

V. DCCUMENTS WITHHELD AS PRIVILEGED If any documents within any description set out below are withheld by reason of any assertion of privilege, iden-tify each such document by date, description, and type, iden-tify all persons preparing and/or receiving each document, and state the privilege asserted, and the reasons that, in HL&P's opinion, justify the assertion of privilege as to each document.

VI. INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

1. Please produce all documents relating to any joint actions, actual or contemplated, by three or more operating companies that are members of the Texas Interconnected System (" TIS"), or representatives of three or more operating companies that are members of the Te xas Interconnected System, incl ud ing , but not limited to, joint reports or stu-dies, joint planning of generation oc transmission expansion, and meetings of any kind. This recuest excludes agendas and minutes of annual or other regular meatings of TIS or its standing committees.

2. Please describe the manner in which agendas and minutes are prepared for TIS meetings and meetings of TIS committees and subcommittees. For TIS and for each TIS com-mittee and subcommittee, please answer the following :

(a) Who is generally responsible for preparation and determination of subjects to be considered?

(b) Do prepared agendas and minutes actually reflect the substance of all discussion had during such meetings? If not, describe how actual discussion may deviate from the pre-pared agendas.

The scope of this interrogatory extends to all periods in which meetings of TIS or TIS committees or subcommittees have been held.

3. Please produce the South Texas Interconnected System

("STIS") generation studies referred to in the March 14, 1972 Memorandum from John Meyer of HL&P to members of the STIS Technical Advisory Committee, including but not l!7ited to:

" Plan 1 - 1983 (revisad copy)

" Plan I-A - 1981 (revised copy)

" Contingencies 1981 - Loss of each line to joint plant Nl for total of five (5) cases."

4. Please provide a copy of the 1994 transmission study referred to in the August 14, 1972 letter of rmmett C. Rummel (City of Austin) to Kermit L. Williams ( HL& P ) (document number 25130001737) and all documents relating thereto.

5.(a) What is the purpose of the Electric Reliability Council of Texas ("ERCCT")? Describe fully the functions of ERCOT, both formal and informal, with respect to

the following areas:

(i) planning for constructi'n of new generation facili-ties by any member electric utilities; (ii) planning for construction of new transmission facilities by any member electric utilities; (iii) spinning reserves of any member electric utility; (iv) central dispatch among any or all member electric utilities; (v) fuel acquisition by any or all member electric uti-lities; (vi) interconnected operation by any or all member electric utilities.

(b) De scribe fully the way in which HL&P is affected by, or takes into account, the activities and/or decisions of ERCOT with respect to each of areas (i) through (vi) listed in (a) above.

(c) Produce all documents relating to (a) or (b) above.

6.(a) What is the purpose of TIS? Describe fully the functions of TIS, both formal and informal, with respect to the following areas:

(i) planning for conscruction of new generation facili-ties by any member electric utilities; (ii) planning for construction of new transmission facilities by any member electric utilities; (iii) spinning reserves of any member electric utility; (iv) central dispatch among any or all member electric utilities; (v) fuel acquisition by any or all member electric utilities; (vi) interconnected operation by any or all member

electric utilities.

(b) De sc ribe fully the way in which HL&P is affected by, or takes into account, the activities i d/or decisions of TIS with respect to each of areas (i) through (vi) listed in (a) above.

(c) Produce all documents relating to (a) or (b) above.

7.(a) What is the purpose of STIS? Describe fully the f unctions , both formal and informal, of STIS with respect to the following areas:

(i) planning for construction of new generation facili-ties by any member electric utilities; (ii) planning for construction of new transmission facilities by any member electric utilities; (iii) spinning reserves of any member electric utilities; (iv) central dispatch among any or all member electric utilities; (v) fuel acquisition by any or all member electric utilities; (vi) interconnected operation by any or all member electric utilities.

(b) De scribe fully the way in which HL&P is affected by, or takes into account, the acti.. ties and/or decisions of STIS with res set to each of areas (i) through (vi) listed in (a) above.

(c) Produce all documents relating to (a) or (b) above.

8. Please produce all documents relating to any com-parison of ERCCT and TIS and/or STIS. Please identify any communications of which HL&P is aware relating to any such

comparison. Please produce all documents relating to each such communication. Where communications described in this request are documents , the document may be produced in lieu of identifying the communciations.

9. 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 the Licensing Board's Special Prehearing Conference Order in the above-captioned proceeding dated July 13, 1978.

10. Please produce all documents relating to HL& P 's gas supply, including entitlements, ownership interests or any other form of control of or access to gas, and including pro-jections or potential supply for or covering the period 1972 to date. Exclude routine billing documents.

11. 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 or actually made, and to all discussions or any other form of communication concerning such agreements or understandings, between HL&P 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.

12. Please respond to the following subparts separately with respect to:

( i) gas (ii) lignite (iii) coal (iv) uranium With respect to any particular interest or transaction if docu-ments sufficient to describe the interest or transaction are provided , no further response is required with respect to that particular interest or trnnsaction.

(a) Describe separately by company the amount, cost, and location of fuels listed in (i)-(iv) in which HL&P and/or each parent, affiliated, or subsidiary company of HL&P had an ownership or other proprietary interest as of January 1, 1970 to date. Include the date , original cest, and means of acquisition of each such interest in fuel.

(b) Describe each acquisition, transfer, or supply contract for any fuel listed in (i)-(iv) above from January 1, 1970 to date. Include acquisitions, transfers, and supply contracts among HL&P and any parent, affiliated or subsidiary company, as well as any acquisitions, transfers, or supply contracts between any such company and any other person.

Describe the terms of each such acquistion, transfer, or contract, including the parties, dates, amount and location of fuel involved, all consideration given in exchange for fuel, and the value of such consideration.

13.(a) Please identify 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. Please produce 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 unit price of energy sold by month from January 1972 to date. Exclude any demand or fixed costs.

(e) Please produce load duration curves by day and week for a winter and summer peak period for each year from 1972 to date. Please include both actual load duration curves and those depic*.ing projected load duration through 1990, if available, prepared from 1972 to date.

( f) Please produce projected mill rate dispatch tables from 1972 through 1990.

(g) Please produce copies of the Uniform Statistical Report to the Ed ison Electric Institute from 1972 to the present.

(h) Please produce copies of the FERC Form 423 or its e ,aivalent 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 in fo rma tion .

( i) Please produce copies of the FERC Form 1 or its equivalent 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 Utilities Commission or its predecessors that contain equiva-lent 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 transmission by or for others 431 electric energy account; monthly peaks and output 432-441 generating plants 442-444 transmission line statistics; transmission added during the year 445 substations (j) Please produce copies of the FERC Form 12 or its equivalent 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 Commission or its predecessors that contain equiva-lent information; and in any event provide , trem whatever source, information equivalent to that included on the folle .ing 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 load flow diagrams for the main transmission system from 1972 to date , including summer peak, winter peak, and a typical off-peak period.

14. Please produce all documents relating to any arrangements of HL&P relating to power generated at the Falcon Dam, the Amistad Dam or any other hydroelectric generating facility, including acquisition, use, ccordinating, scheduling, and direct purchase.

15.(a) Describe all of fers of participation in the South Texas Units 1 and 2, including all electric utilities to which offers were made, the representative (s) by whom each offer was made, the representative (s) of each utility to which offers were made, the date of each such offer, and the terms of each such offer.

(b) Produce all documents relating to participation, actual or potential, by any person in the South Texas Units ,

including the terms and conditions, limitations or restric-tions of such participation.

(c) Identify all communications among officers, repre-sentatives or employees of HL&P or all communications between of ficers or representatives of HL&P and any other person, relating to participation in the South Texas Units by any other person. Provide all documents relating to each such communication. If documents provided in response to (b) above fully identify a particular communication, no further response is required as to that particular communication.

16.(a) Please produce all documents relating to transmission services, actual or potential, by HL&P, to any other electric utility. Exclude billing and log data.

(b) Please prcduce all documents relating to construc-tion of additional transmission f acilities , or to increasing the capacity of existing transmission facilities, actual or potential, by HL&P, for the purpose of providing transmission se rv ices to any other electric utility.

17. To the extent not otherwise provided or supplied in response to this interrogatory and data request, or to pre-vious related interrogatories and data requests, please pro-duce all documents relating to interconnection and/or inter-connected operation of HL&P with any other electric utility.

18. To the extent not otherwise provided or supplied in response to this interrogatory and document request, or to previous related interrogatories and document requests, please produce copies of any interconnection agreement entered into between HL&P and any other electric utility.

19.(a) Tb the extent not otherwise provided or supplied in response to this interrogatory and document request, or to previous related interrogatories and document requests, please produce all documents relating to the sale of power, actual, planned or potential, or to establishing terms for the sale of power, from HL&P to any of the following :

( i) the Public Utilities Board of the City of Brownsville; (ii) any other municipal electric system; (iii) any electric cooperative or rural electric cooperative.

Exclude billing and log data.

(b) Please produce all documents relating to par-ticipation, actual, planned or potential, or to establishing terms for any participation, by any electric utility listed

in (a) (i)*(iii) above in any generation facility of which HL&P is whole or part owner.

(c) Please produce all documents relating to joint par-ticipation by HL&P and any utility listed in (a) (i)-(iii) above in any research, study or project relating to the use of geothermal, biomass, lignite, or solar energy as an actual or potential source of electric power.

20.(a) Please produce all documents relating to any attempts , whether actual or contemplated, by HL&P to acquire or to lease c either in whole or in part, the electric facili-ties of any municipally or cooperatively owned electric util-ity located in or adjacent to HL&P's service territory. The scope of this request is from January 1,1957 to the present.

(b) Identify any communications relating to any acquisition or lease attempt referred to in (a) or (b) above between officers or representatives of HL&P and any other person, including, but not limited to, members of, or employees of, governing boards, city commissions or utilities authorities responsible in any way for the overall operation of such municipally or cooperatively owned electric utili-ties. Please provide all documents relating to each such communication. If documents produced fully identify and describe the substance of a particular communication, no further response is required with respect to that particular ccmmunication.

21. 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.

22. Please produce a copy of the letter from Morris O.

Tyson (Bayport Industrial Commission) to George Oprea ( HL& P )_

dated July 3, 1972. This letter is referred to at page 98 of the transcript of Mr. Oprea's deposition of June 9, 1977.

23. Please list a'2 industrial customers and commercial customers of HL&P whose peak load has ever exceeded 2,000 kw, for which service by HL&P in a particular location commenced after January 1, 1970. Please indicate the first month of serv ice for each such customer and, where known, whether that customer was previously located in another location, and, if so, indicate that previous location.

(b) Please produce all documents from January 1, 1970 to the present relating to inquiries by potential new industrial customers concerning rates or services of HL&P or any other benefits of location in areas served by HL&P 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 served by HL&P is irrelevant to the scope of this request.

(c) Please produce copies of all documents relating to communications from any actual industrial or commercial customer of HL&P whose peak load has ever exceeded 2,000 kw, concerning HL&P rates or services, or concerning any expan-sion of the customer's plant that would result in an increase in power consumed. Exclude routine billing documents, but include documents relating to any inquiry or questioning of rates or of specific bills. The scope of this request is from January 1, 1970 to the present.

24. Please list all industrial or commercial customers of HL&P whose peak load has ever exceeded 2,000 kw, that have terminated purchases of power or services from HL&P since January 1, 1970. With respect to each such customer, indi-cate the month of termination, and, if known, whether the customer moved to another location, and, if so, indicate that location. Please provide all documents relating to each ter-mination of services by each customer described in this request. ,

25. Please provide rates of HL&P for all classes of customers since January 1, 1970.

26.(a) Since January 1, 1957, has HL&P ever offered or considered offering any special rate or individually designed rate to any customer, including, but not limited to, industrial or commercial customers whose peak load has ever

24 -

exceeded 2,000 kw?

(b) Has HL&P ever considered offering any special rate or individually designed rate to any potential new industrial customer since January 1, 1957?

(c) If your answer to (a) and/or (b) is in the affir-mative, please provide all documents relating to each such offer or rate, or potential offer or rate. Exclude routine billing documents from this request.

(d) If your answer to (a) and/or (b) is in the affir-mative, please provide all documents relating to every com-munication with any such industrial or commercial customer or potential new industrial customer that occurred in the year in which the offer was made or considered, and the two years preceeding and the two years following the year in which the offer was made or considered. Exclude routine billing docu-ments. Documents produced in response to No. 23(b) or (c) of this request need not be referenced in response to No . 26(d).

27. Please state all reasons HL&P has considered for and against operating in interstate commerce . Please pro-duce principal documents relating to each such reason.

28. In its response number 11 of HL&P's Cbjection and Answers to the Department of Justice 's First Se t of Written Interrcgatories and Requests for Production of Documents, dated January 10, 1979, HL&P indicated transfers of kwh to and/or from Gulf States Utilities ("GSU") from the period 1954-1958 and in 1965 and 1967. For each such ye _r, please :

(a) indicate the terms under which each such transfer cccurred;

(b) indicate the reasons for which HL&P and GSU agreed to each such transfer; (c) indicate the status of HL&P with regard to FPC jurisdiction at the time of each such transfer; (d) produce all documents relating to (a), (b) and/or (c) above for each such transfer.

29.(a) On what date did the last purchase of wholesale electric power by Wharton County Electric Coop. ("Wharton")

f rom HL&P occur as referred to in HL&P's response no. 16(a) in its Cbjections and Answers to the Department of Justice?

(b) List all reasons of HL&P and of Wharton for ter-minating the buyer-seller arrangement.

(c) Identify any other supplier (s) of wholesale electric power to Wharton from January 1,1970 to the present (d) Produce all documents relating to the actual or potential sale of wholesale power from HL&P to Wharton from January 1, 1970 to the present.

30.(a) To the extent not produced or previously supplied in response to this interrogatory and data request, or to previous related interrogatories and data requests, please produce all documents relating to actual, potential, possible or contemplated competition between HL&P and any other electric utility.

(b) To the extent not produced or previously supplied in response to this interrogatory and data request, or to prev io us related interrogatories and data requests, please produce all documents in the actual or constructive

possession of HL&P relating to power supply, cost of genera-tion, cost to customers, or reliability of service of any electric utility other than HL&P.

(c) Please identify all communications between any officer ot representative of HL&P and 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, relating to any subject described in (a) or (b) above. Please produce all documents related to each such communication. If documents produced in response to this interrogatory and data request, or to previous related interrogatories and data requests, fully identify and describe the substance of a particular communication, no further information is necessary with respect to that par-ticular communication.

31. Please furnish a copy of all of HL&P's responses to interrogatories and document requests submitted to HL&P in -

the instant proceeding by any other party, including all schedules, exhibits, attachments, appendices , and collections and compilations of documents.

32. Please update responses to all interrogatories and data requests received by HL&P in this proceeding or in any related proceeding (listed at pages 6-7 of the Special Prehearing Conference Crder of July 13, 1978 in the above-captioned proceeding) , the discovery of which has been ordered to be treated as part of the discovery in this proc eed ing .

33. Please identify the persons who prepared or assisted in the preparation of HL&P's response to each of the foregoing requests.

Respectfully submitted, M(

Marc R. Poirie r Attorney for the Public Utilities Board of the City of Brownsville , Texas Law Offices of:

Spiegel & Mc Diarmid 2600 Virginia Avenue , N. W.

Washing ton , D. C. 20037

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 The City of c. An tonio ) and 50-499A The City of Austin )

Central Power & Light Company )

(South Texas Project, Unit Nos. )

1 and 2) )

CERTIFICATE OF SERVICE I herehy certify that I have caused a copy of the foregoing INITIAL INTERROGATORIES TO AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY HOUSTON LIGHTING & POWER COMPANY FP.OM THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS in the above-captioaed proceeding to be served on the following by deposit in the United States mail, first class, postage prepaid, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission internal mail system, this 31st day of January, 1979.

• Marshall E. Miller, Chairman Joseph J. Saunders, Esquire Atomic Safety & Licensing Board Chief, Public Counsel &

Panel Legislative Section Nuclear Regulatory Commission Department of Justice Washing ton , D. C. 20555 P. O. Box 14141 Wa shing ton , D. C. 20044

• Sheldon J. Wolfe, Esquire Atomic Safety & Licensing Board Joseph Gallo, Esquire Panel Richard D. Cudahy, Esquire Nuclear Regulatory Commission Robe rt H. Loe f fler , Esquire Washing ton , 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 Washing ton , 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 Washing to n , D. C. 20044 Washing ton , D. C. 20555 Joseph Knotts, Esquire

• Chase R. Stephens , Chief Nicholas S. Reynolds , Esquire Docketing and Service Sec tio n Debevoise & Libe rman Of fice of the Secretary 1200 17th Street, N. W.

Nuclear Regulatory Commission Wa sh ing to n , D. C. 20036 Washing ton , D. C. 20555

Do uglas F. John, Esquire Joseph I. Worsham, Esquire Akin, Gump, Hauer & Feld Merlyn D. Sampe ls , Esquire 1100 Madison Office Building Worsham, Forsythe & Sampels 1155 15th Street, N. W. 2001 Bryan To we r , Suite 2500 Washing ton , D. C. 20024 Dallas, Te xas 75201 R. Gordon Gooch, Esqu ire Spencer C. Relyca, Esquire John P. Mathis, Esquire Worsham, Forsythe & Sampels Baker & Botts 2001 Bryan Tower, Suite 2500 1701 Pennsylvania Avenue , N. W. Dallas, Texas 75201 Wash ing ton , D. C. 20006 R. L. Hancock, Director Robert Lowens te in , Esquire City of Austin Electric J. A. Bouknight, Jr., Esquire Utility Department Lowenste in , Newman , Reis & P. O. Bo x 1088 Axelrad Austin , Texas 78767 1025 Connecticut Avenue, N. W.

Washing ton , D. C. 20036 Jerry L. Harris, Esquire City Attorney William J. Franklin, Esquire City of Austin Lowens te in , Ne wman , Re is & P. O. Box 1088 Axelrad Austin , Texas 78767 1025 Connecticut Avenue, N. W.

Washington, D. C. 20036 Richard C. Balough, Esquire Assistant City Attorney Frederick H. Ritts, Esquire City of Austin Law Of fices of Northcutt Ely P. O. Box 1088 Watergate 600 Building Austin, Texas 78767 Washing ton , D. C. 20037 Dan H. Dav id son Wheatley & Miller City Manager 1112 Watergate Of fice Building City of Austin 2600 Virginia Avenue , N. W. P. O. Box 1088 Wa s h ing to n , 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 C. K. Spruce, General Manger Morgan Hunter, Esquire City Public Serv ice Board McGinnis, Lochridge & Kilgore P. O. Box 1771 900 Congress Avenue San An to n io , Te x a s 70203 Austin , Texas 78701 Jon C. Wood, Esquire Kevin B. Pratt, Esquire W. Roger Wilson , Esquir Assistant Attorney General Matthews, Nowl in , Macfarlane P. O. Bo x 12548

& Barrett Capital Station 1500 Alamo Na tional Building Austin , Texas 78711 San An to n io , Te x as 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 Da llas , Texas 75201

E. W. Barnett, Esquire John E. Mathews, Jr., Esquire Charles G. Thrash, Jr., Esquire Mathews, Osborne, Eh rl ic h ,

Baker & Botts McNatt, Gobelman & Cobb 3000 Or,e Shell Plaza 1500 American Heritage Life Eldg.

Houston, Texas 77002 Jacksonville, Florida 32202 J. Gregory Copeland, Esquire Robert E. Bathen Theodore F. Weiss, Jr., Esquire R. W. Beck & Associates Baker & Bo tts P. O. Box 6817 3000 One Shell Plaza Orlando, Florida 82803 Houston , Texas 77002 Somervell County Public Library G. W. Oprea, Jr. P. O. Box 417 Executive Vice President Glen Rose , Texas 76403 Houston Lighting & Power Company P. O. Box 1700 Maynard Human, General Manager Ho us ton , Texas 77001 Western Farmers Electric Coop.

P. O. Box 429 W. S. Robson, Genecal Manager Anadarko, Oklahoma 73005 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 Elec tric Power Coop. , Inc.

P. O. Box 6296 Michael I. Miller, Esquire Waco, mar.as 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 Wash ing ton , 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 Executive Director Committee on Power for the Southwest, Inc.

5541 Skelly Drive Tulsa, Oklahoma 74135 Jay M. Galt, Esquire Looney, Nichols , Johnson &

Hayes 219 Couch Drive Oklahoma City, Cklahoma 73101 l A00 Marc R. Poirier Attornev for the Ctilities Board of the City c:'Brownsvill"ublic e, Texas