ML19269D028

Forwards Initial Interrogatories to & First Request for Production of Documents by Tx Util Co & Its Subsidiaries from Public Util Board of Brownsville,Tx.Requests Info from Related Civil Case If Available

ML19269D028
Person / Time
Site:	South Texas
Issue date:	01/31/1979
From:	Poirer M SPIEGEL & MCDIARMID
To:	Relyea S, Sampels M, Worsham J WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY
Shared Package
ML19269D029	List: ML19269D028 ML19269D032
References
NUDOCS 7902260600
Download: ML19269D028 (2)

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SPIEGEL & MCDIAR31ID .6 -

2600 VIRGINIA AVENUE. N.W. -

WASHINGTON. O.C. 20037 "E g TELEPHONE (2C2) 333-4500 RC SE RT C. *iCOfARMio TELECOP!ER (202) 333 2974 RCSERT *ARLEY S EAR SANDRA J STRESEL TMCMAS C *RAUG E R RC S E RT A. JAS LON

.CMN MICH AEL AO RAGN A JAMCS N. MORWCCD CYNTHIA S SCGORAC ALAN J. RCTM iwassacwcsET's a Am CNLv)

FRANCES E. PRANCl3 GARY J NEWELL 3ANIEL 1. DAVIOSCN MARCR PCIRIER TMCM AS N MCMUG M. JR. OOOOU F D ANIEL J GUT *M AN PETE R M. M ATT DAVID R.STRAUS J. Irion Worsham, Esquire M.D. Sampels, Esquire Spencer C. Relyea, Esquire Worsham, Forsythe & Sampels 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Re: Houston Lighting & Power Co., et al.

(South Texas Units No. 1& No. 2)

NRC Docket Nos. 50-498A, 50-499A Gentleman:

Enclosed is a copy of the Iaitial Interrogatories to and First Request for Production cf Documents by Texas Utilities Company and Its Subsidiaries from the Public Utilities Board of the City of Brownsville , Tav ss , in Houston Lighting & Power Co., et al., (South Texas Units No.

1& No. 2), NRC Docket Nos. 50-498A, 50-499A.

You will also find enclosed copies of interroga-tories and document requests by the Public Utilities Board of the City of Brownsville, Texas to other parties in the South Texas proceeding.

We would appreciate your help in clarifying a question we have about some of tha documents already produced by TU for Brownsville's inspection. When a law clerk from our firm, Andrew Lawrence, reviewed documents in Texas recently, he saw no documents in the DP&L, TU, or TESCO offi-ces that were responsive to parts of the Plaintif f's Second Request to Texas Electric Service Company for Production of Documents in West Texas Utilities Co. v. Texas Electric Service Co., Civ. Action No. 3-76-0633F (N.D. Texas, Dallas Div.). At tha same time Mr. Lawrence found numerous respon-sive documents in the TP&L offices. The parricular requests we are interested in are numbers 1 and 2, concerning competition between utilities fo; industrial customers; and numbers 4 through 8, relating to fuel availability and cost. As we understand it, when Mr. Lawrence asked to see similar documents from the other TU companies ,

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6 Mr. Slicker said he thought the CSW og.panies had never returned to TU, DP&L or TESCO to examine documents produced in response to the second request. Thus, he stated, there was nothing which he would make available for Brownsville to review. We understand, however, that while this was Mr.

Slicker's impression at the time, he planned to look into it further. Frankly, we are puzzled by this response, and will appreciate it if he or someone else could confirm that this is an accurate explanation for the absence of documents responsive to the above-enumerated requests.

At any rate, some of the items in the enclosed request to TU and its subsidiary companies address certain of the same underlying issues, although the questions are dif-ferent in focus, and shculd produce different material as well. In particular, questions 8-12 address fuel availabi-lity and costs, and questions 20-23 address industrial com-petition. In responding to the enclosed request, please keep in mind that, despite the Plaintiff's Second Request for Production of Documents in the antitrust case, Brownsville has not in fact had an opportunity to examine documents relating to these subjects from DP&L, TESCO, or TU. We will be glad to discuss with you what additional production from TP&L would be responsive to our request.

In general, in draf ting these requests we have tried to take account of the production that has already occurred in this and related cases, so as to avoid duplica-tive requests. Should you feel that a particular request covers the same ground as one to which TU has previously respcoded (in a fashion available to Brownsville), please telephone me to discuss the problem. I would also be glad to answer any other questions you may have about any part of this request.

Very truly yours, 46 E4 Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas Enclosures cc: All parties MRP:stp