ML19269D494
| ML19269D494 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 04/23/1979 |
| From: | Ritts F NORTHCUTT ELY, LAW OFFICES OF |
| To: | |
| Shared Package | |
| ML19269D476 | List: |
| References | |
| NUDOCS 7906040154 | |
| Download: ML19269D494 (5) | |
Text
.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
)
)
Texas Utilities Generating
)
Docket Nos. 50-445A Company
)
50-446A
)
(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
ANSWER OF TEX-LA ELECTRIC COOPERATIVE, INC.,
TO TUGCO'S MOTION TO DISMISS CSW AS A PARTY INTERVENOR OR, IN THE ALTERNATIVE, FOR
SUMMARY
DISPOSITION The Texas Utilities Generating Company, et al. ("TUGCO"),
motion seeks to dismiss Central and South West Corporation ("CSW")
as a party in this case or, in the alternative, the motion seeks
" summary disposition in favor of TUGCO and against CSW.
As to the effect of the motion and the federal district court case of West Texas Utilities Company and Central Power & Light Company v.
Texas Electric Service Company and Houston Lighting & Power Company, F.Supp.
(N. D. Tex. 1979), No.
C.A.
3-76-0633-F, on Tex-La, TUGCO appears to be uncertain because the motion says:
"The district court decision may be conclusive against Tex-La and the Department of Justice.
(Motion at 23.) (Emphasis added.)
Although TUGCO is uncertain as to the effect of the court decision on Tex-La, we have no such hesitation.
L:e court case has no effect on Tex-La since the cooperatives in East Texas were not parties to the court case and the factual situation between Tex-La and the appli-cant varies substantially from the factual situation b$TeV6 4W C
22 7906040 /4 7 f@
. and the applicant.
Because of the dissimilarity of parties and dissimilarity of facts, the district court judgment does not oper-ate as res judicata.
Parklane Hosiery Co. v.
- Shore, U.S.
58 L.Ed. 2d 552, 47 U.S.L.W. 4079 (January 9, 1979).
The motion makes an outrageous accusation that Tex-La and its member cooperatives are "a surrogate" of Central and South West.
The motion contends that this proceeding should not "go forward" because to do so would " allow CSW to accomplish through a surrogate what it cannot accomplish directly."
(Motion at 23.)
The facts involving Tex-La's future plans for bulk power supply discredit the surrogate allegation and show that the Texas cooperatives are not bound by the district court decision.
Tex-La and its Texas member cooperatives 1/ are purchasers of i
power at wholesale from Texas Power & Light Company ("TP&L"), Gulf States Utilities Company ("GSU"), Community Public Service Company
(" CPS"), the Southwestern Electric Power Company ("SWEPCO"), and the Southwestern Power Administration
(" SWPA"), an agency of the Depart-ment of Energy.
Tex-La and its Texas member cooperatives purchase in excess of 650,000 Kw of power and energy annually from these power suppliers.
In 1977, TP&L alone supplied Tex-La and its 1/
Cherokee County Electric Cooperative, Deep East Texas Electric Dooperative, Fannin County Electric Cooperative, Farmers Electric Cooperative, Grayson-Collin Electric Cooperative, Houston County Electric Cooperative, Hunt-Collin Electric Cooperative, Jasper-Newton Electric Cooperative, Kaufman County Electric Cooperative, Lamar County Electric Cooperative, New Era Electric Cooperative, Rusk County Electric Cooperative, Sam Houston Electric Cooperative, Wood County Electric Cooperative, Bowie-Cass Electric Cooperative, Upshur Rural Electric Cooperative, Panola-Harrison Electric Coop-erative.
2259 065
. members with approximately 225,000 Kw of firm power.
The Texas member cooperatives of Tex-La currently serve more than 220,000 consumers within the State of Texas.
With these existing respon-sibilities and the load growth expected to be encountered in the near future, the interest to be protected here is to ensure that Tex-La and its members are not restricted in any way from access to bulk power supplies from interstate or intrastate sources.
The intrastate-only mode of operation, if allowed to continue, will have a greater impact in the future on the Texas cooperatives than at present because of the organizational transition underway by the cooperatives.
The Texas cooperatives are beginning to leave the distribution-only phase of power supply, and are entering into genecation and transmission functions.
Thus, the cooperatives have formed or are forming three generating and transmission cooperative corporations as follows:
Two of the Tex-La members, Sam Houston Electric Cooperative and Jasper-Newton Electric Cooperative, are members of the Sam Rayburn Dam Electric Cooperative, a generation and transmission cooperative ("G&T"), which is near the end of negotiations with Gulf States Utilities Company to own a portion of River Bend No. 1, a nuclear generating station, and Nelson No. 6, a coal-fired generating station.
The second G&T is North East Texas Electric Cooperative, which is comprised of six distribution coop-eratives, 2/ who are negotiating with the Southwestern Electric 2/
Bowie-Cass Electric Cooperative, Panola-Harrison Electric Co-operative, Deep East Texas Electric Cooperative, Wood County Elec-tric Cooperative, Upshur Rural Electric Cooperative, and Rusk County Electric Cooperative.
Three of these cooperatives--Deep East, Wood County, and Rusk County--also purchase power from TP&L.
2259 066 Power Company for co-ownership of the Pirkey Plant, a coal-fired generating station.
The third G&T to be formed by the Tex-La members will be known as the Tex-La Electric Cooperative of Texas, and will be comprised mainly of those distribution cooperatives who purchase power only from TP&L.
The intrastate-only mode of oper-ation bars these three G&T cocperatives from coordinating and will prevent them in the future from exchanging power, with the result being that the three G&Ts will operate as isolated islands within the service territory of Texas Power & Light Company.
In addition, the cooperatives whose wholesale power supply is provided solely by TP&L will be unable to receive out-of-state alternative bulk power supplies and therefore will continue to be solely dependent on TP&L.
Thus, the members of that new G&T will be prevented, for
~
example, from receiving federal hydroelectric power from the South-western Power Administration system, and, therefore, unable to exercise their preference rights under section 5 of the Flood Control Act of 1944, 16 U.S.C.
825s.
In short, as a consequence of the intrastate-only mode of operation, the Texas cooperatives would be barred from lowering power costs through exchanges of power among the three generating and transmission cooperatives, and from receiving lower cost power from out-of-state sources.
This is a harm unique to the cooperatives and a harm which certainly cannot justify a lable of surrogate.
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. WHEREFORE, for the reasons stated above, and for the reasons set forth in the pleadings of Staff and the Department of Justice, the TUGCO motion should be denied.
Respectfully submitted, 9dN.4A Law Offices of Northcutt Ely Frederick H.
Ritts William H.
Burchette Watergate 600 Building Washington, D.C.
20037 (202) 337-0200 Attorneys for Tex-La Electric Cooperative, Inc.
April 23, 1979 t
2259 068
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer of Tex-La Electric Cooperative, Inc., to TUGCO's Motion to Dis-miss CSW as a Party Intervenor or, in the Alternative, for Sum-mary Disposition has been served on each of the following persons by deposit in the United States mail, first class postage pre-paid, this 23rd day of April 1979.
Samuel J.
Chilk, Secretary Mr. Perry G.
Brittain U.S. Nuclear Regulatory Commission President Washington, D.C.
20555 Texas Utilities Generating Co.
2001 Bryan Tower Atomic Safety and Licensing Dallas, Texas 75201 Appeal Board Panel U.S. Nuclear Regulatory Commission Mr.
R.L.
Hancock, Director Washington, D.C.
20555 City of Austin Electric Utility Department Richard S.
Salzman, Esquire P.O.
Box 1088 U.S.
Nuclear Regulatory Commission Austin, Texas 78767 Washington, D.C.
20555 Mr.
G.W.
Oprea, Jr.
Jerome E.
Sharfman, Esquire Executive Vice President e
U.S.
Nuclear Regulatory Commission Houston Lighting & Power Co.
Washington, D.C.
20555 P.O.
Box 1700 Houston, Texas 77001 Chase R.
Stephens, Secretary Docketing and Service Section Jon C.
Wood, Esquire U.S.
Nuclear Regulatory Commission W.
Roger Wilson, Esquire Washington, D.C.
20555 Matthews, Nowlin, MacFarlane
& Barrett Jerome Saltzman 1500 Alamo National Building Chief, Antitrust and Indemnity San Antonio, Texas 78205 Group U.S. Nuclear Regulatory Commission Joseph Gallo, Esquire Washington, D.C.
20555 Richard D. Cudahy, Esquire Robert H.
Loeffler, Esquire Mr. Roff Hardy Isham, Lincoln and Beale Chairman and Chief Executive Officer 1050 17th Street, N.W.
Central Power 3 Light Company Washington, D.C.
20036 P.O.
Box 2121 Corpus Christi, Texas 78403 Michael I.
Miller, Esquire Richard E.
Powell, Esquire Mr.
G.K.
Spr;uce David M.
Stahl, Esquire General Manager Thomas G.
Ryan, Esquire City Public Service Board Isham, Lincoln and Beale P.O.
Box 1771 One First National Plaza San Antonio, Texas 78203 Chicago, Illinois 60603 2259 069
, Poy P.
Lessey, Esquire Morgan Hunter, Esquire Michael Blume, Esquire McGinnis, Lochridge & Kilgore U.S.
Nuclear Regulatory Commission 900 Congress Avenue Washington, D.C.
20555 Austin, Texas 78701 Jerry L. Harris, Esquire Jay M.
Galt, Esquire City Attorney Looney, Nichols, Johnson Richard C. Balough, Esquire
& Hayes Assistant City Attorney 219 Couch Drive City of Austin Oklahoma City, Oklahoma 73101 P.O.
Box 1088 Austin, Texas 78767 Knoland J. Plucknett Executive Director, Committee Mr. Dan H.
Davidson on Power for the Southwest City Manager 5541 East Skelly Drive City of Austin Tulsa, Oklahoma 74135 P.O.
Box 1088 Austin, Texas 78767 Mr.
W.S.
Robson South Texas Electric Coopera-Don R.
Butler, Esquire tive, Inc.
1225 Southwest Tower Route 6, Building 102 Austin, Texas 78701 Victoria Regional Airport Victoria, Texas 77901 Joseph Irion Worsham, Esquire Merlyn D.
Sampels, Esquire R.
Gordon Gooch, Esquire Spencer C.
Relyea, Esquire John P. Mathis, Esquire Worsham, Forsythe & Sampels Baker and Botts 2001 Bryan Tower, Suite 2500 1701 Pennsylvania Avenue, N.W.
Dallas, Texas 75201 Washington, D.C.
20006 Joseph Knotts, Esquire Robert Lowenstein, Esquire Nicholas S.
Reynolds, Esquire J.A.
Bouknight, Jr., Esquire Debevoise & Liberman William J.
Franklin, Esquire 1200 Seventeenth Street, N.W.
Lowenstein, Newman, Reis Washington, D.C.
20036 and Axelrad 1025 Connecticut Avenue, N.W.
Ronald Clark, Esquire Washington, D.C.
20036 Energy Section Antitrust Division E.W.
Barnett, Esquire Department of Justice Charles G.
Thrash, Jr., Esquire P.O.
Box 14141 J.
Gregory Copeland, Esquire Washington, D.C.
20044 Theodore F. Weiss, Jr., Esquire Baker and Botts Douglas F.
John, Esquire 3000 One Shell Plaza Akin, Gump, Hauer & Feld Houston, Texas 77002 1100 Madison Office Building 1155 15th Street, N.W.
Washington, D.C.
20024 2259 070
. Kevin B.
Pratt, Esquire Assistant Attorney General P.O.
Box 12548 Capital Station Austin, Texas 78711 Robert C. McDiarmid, Esquire Spiegel & McDiarmid 2600 Virginia Avenue, N.W.
Washington, D.C.
20037
&N.M Frederick H.
Ritts Attorney for Tex-La Electric Cooperative, Inc.
2259 071
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