ML19296C180
| ML19296C180 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 02/10/1980 |
| From: | Cyphert S, Parmenter F JUSTICE, DEPT. OF |
| To: | HOUSTON LIGHTING & POWER CO. |
| References | |
| NUDOCS 8002250338 | |
| Download: ML19296C180 (14) | |
Text
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6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
Docket Nos.
50-498A HOUSTON LIGHTING AND POWER
)
50-499A CO., et al (South Texas
)
Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos.
50-445A COMPANY (Comanche Peak Steam
)
50-446A Electric Station, Units 1
)
and 2)
)
SUPPLEMENTAL RESPONSE OF THE DEPARTMENT OF JUSTICE TO THE THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHT-ING & POWER COMPANY TO ANTITRUST DIVISION, U.S.
DEPT. OF JUSTICE Pursuant to 10 C.F.R.
S 2.740(e), the Department of Justice (" Department"), based upon its present belief and the information presently in its possession, hereby provides this supplemental response 1/ to Houston Lighting & Power's
("HL&P") " Third Set of Interrogatories and Requests for Production of Documents from Houston Lighting & Power Company to Antitrust Division, U.S. Dept. of Justice," dated December 18, 1979.
The Depar tment objects to the repetitive and duplicative nature of a substantial number of the interrogatory requests contained herein since many of these interrogatories were previously asked by HL&P in its First Set of Interrogatories. Furthermore, the Department objects since it has provided HL&P with the opportunity to 1/
Department of Justice Motion for Extension of Time To Answer Third Set of Interrogatories and Requests for Produc-tion of Documents from Houston Lighting & Power Company, dated December 26, 1979 at 2.
8002 250358
o a
6 inspect many of the documents it now seeks in connection with the Department's Third Supplemental Response to Second Set on Interrogatories and Requests for Production of Documents f rom Houston Lighting Power Company to Antitrust Division U.S. Department of Justice, dated November 27, 1979.
The Department has nevertheless attempted to provide full and complete responses to these interrogatory requests and will make the documents requested available for inspection on reasonable notice.
The Department, however, expressly reserves its rights, in accordance with 10 C.F.R. S 2.740(e) to add to, alter amend or modify the information provided herein, pr ior to tr ial.
HL&P Interrogatory 1(a)
With respect to the Comanche Peak OL advice letter, (a) identify those persons with whom the Division communi-cated in the course of its Comanche Peak operating license review; and Department's Response to HL&P Interrogatory 1(a)
These individuals were identified in the " Response of the Department of Justice to Applicant's First Request for Produc-tion of Documents and Answer to Interrogaotories"
(" Depart-ment's First Interrogatory Response") to HL&P Interrogatory 5(a), filed on October 10, 1978.
HL&P Interrogatory 1(b)
Provide all documents which relate to such communications or otherwise to the advice rendered..
Department's Response to HL&P Interrocatory 1(b)
These documents were supplied to HL&P along with the Department's First Interrogatory Response to HL&P Interrogatory 5(a), filed in October 10, 1978.
HL&P Interrogatory 2(a)
With respect to the Comanche Peak TMPA advice letter, (a) identify those persons with whom t he Divicion communicated in the course of its antitrust review in connec-tion with this letter; Department's Response to HL&P Interrogatory 2(a)
Curtis Maynard Mid-South Electric Cooperative Association Derrel London Hunt-Collin electric Cooperative, Inc.
Bobby E.
Sullivan Robertson Electric Cooperative, Inc.
Bob Corder The City of Garland George Humphries The City of Garland Pete Eckert City Attorney, City of Garland Ernest Tullos The City of Denton Gallord White The City of Bryan Gary Hurse City of Greenville Olan Steele City of Greenville Joel Rodgers Texas Municipal Power Agency Ed Greer Texas Municipal Power Agency J.
Rodney Lee Counsel for Texas Municipal Power Agency HL&P Interrogatory 2(b)
Provide all documents which relate to such communications or otherwise to the advice rendered.
Department's Response to HL&P Interrogatory 2(b)
Some of the documents responsive to this interrogatory request were provided to HL&P counsel for inspection on January 14 and 15, 1980.
The Department has also inspected the files af TMPA in connection with these proceedings.
The documents selected by the Department from that search are available for HL&P to review at the offices of the Department on reasonable notice.
HL&P Interrogatory 3(a)
With respect to the Comanche Peak Brazos adv'.ce letter, Identify the persons with whom the Division communicated in the course of its antitrust review in connection with this letter; Department's Response to HL&P Interrogatory 3(a)
James E.
Monahan Brazos Electric Power Cooperative, Inc.
W.B. Townsend Brazos Electric Power Cooperatives, Inc.
J.D.
Copeland Brazos Electric Power Cooperative, Inc.
Ross Segrest Private Consultant Coke Mills Counsel for Brazos Electric Power Cooperative
HL&P Interrogatory 3(b)_
Provide all documents which relate to such communications or otherwise to the advice rendered.
Department's Rc ponse to HL&P Interrogatory 3(b)
The documents requested in this portion of the interrogatory were made available to HL&P with the Depart-ment's " Third Supplemental Response of the Department of Justice to the Second Set of Interrogatories and Requests for Production of Documents f rom Houston Lighting & Power Company to Antitrust Division, U.S.
Dept. of Justice," dated November 27, 1979.
HL&P has already inspected these docu-ments on January 14 and 15, 1980.
HL&P Interrogatory 4(a)
With respect to each alleged intrastate only restriction identified in the Comanche Peak TMPA advice letter.
Department's Response to HL&P Interrogatory 4(a)
The documents responsive to this request include the documents provided to the Department by Texas Utilities Company's ("TU") and HL&P, the documents provided to the Department during discovey, to wl.ich HL&P and TU have had access, and the documents provided to the Department by other parties.
Any documents the Department has which have not been produced either by HL&P or TU, or in discovery, are available to HL&P to review at the offices of the Department on reasonable notice.
HL&P Interrogatorv 4(b)
State whether the Division contends that Houston directly influenced, participated in the negotiations for, is a party to, or is otherwise responsible for, each such alleged intrastate only provision; Department's Response to HL&P Interrogatory 4(b)
Yes.
HL&P Interrogatory 4(c)
Unless your answer to subpart (b) is an unqualified n eg a t iv e, identify and provide all evidence relating to your answer to subpar t (b).
Department's Response to HLLP Interrogatory 4(c)
Refer to Department's Supplemental Response to 1(a) of Department's First Interrogatory Response, filed herein on February 1, 1980.
HL&P Interrogatory 5(a)
With respect to the 1973 agreement between the City of Garland and TP&L, as described in the Comanche Peak advice letter, (a) State whether the Division contends that Houston directly infl uenced, par ticipated in the negotiations for, is a party ta, or is otherwise responsible for, the 1973 agreement be tween the City of Garland and TP&L; Department's Response to HL&P Interrogatory 5(a)
No.
HL&P Interrogatory 5(c)
For each year this agreement was in effect, state the amount of electricity consumed in the marketing area (s) which was (were) the subject of this agreement.
Department's Response to HL&P The Department does not have this information at the present time.,
O
HL&P Interrogatory 6(a)
With respect to each alleged intrastate only restriction ident if i ed in the Comanche Peak Brazos advice letter, Provide a copy of the contract or agreement containing each such restriction or, if oral, state the terms of such contract or agreement; Department's Response to HL&P Interrogatory 6(a)
Refer to Department's Response to HL&P Interrogatory 4(a) herein.
HL&P Interrogatory 6(b)
State whether the Division contends that Houston directly influenced, participated in the negotiations for, is a party to, or is otherwise responsible for, each such alleged intrastate only provision; Department's Response to HL&P Interrogatory 6(b)
Yes.
HL&P Interrogatory 6(c)
Unless your answer to subpart (b) is an unqualified negative, identify and provide all evidence relating to your answer to subpart (b).
Department's Response to HL&P Interrogatory 6(c)
Refer to Department's Response to HL&P Interrogatory 4(c) herein.
HL&P Interrogatory 7(a)-(c)
Identify.all documents which the Division has received (i) by any method other than formal discovery procedures pursuant to 10 C.F.R.
SS 2.740-2.742 (ii) from any person other thar Houston, TU, or an attorney, expert witness, or employee cf Houston or TU (iii) in the course of cither the South Texag or Comanche Peak antitrust proceeding.
Include as part of such id en t i f ic a tio n,
(a) the name of the person who furnished each such document to tha Division, (b) the circumstances under which the Division received each such document, and (c) all objective id ant if ying identification ( for example, production or document control numbers) assigned to each such document by the Division.
Department's Response to HL&P Interrogatory 7(a)-(c)
- a. The persons who furnished the Department with documents, outside of formal discovery are:
Workshop on Interconnection, Wheeling, and Pooling in the Southwest, held on November 29, 30, 1978 in Oklahoma City Central &
South West Cor-poration Tex-La Coopera-tive Brazos Electric Power Cooperative, Inc.
John Denison Carl Stover, G.H. Guernsey &
Co.
Spiegel &
McDiarmid Jim Morriss Texas Electr ic Cooperatives, Inc.
Western Farmers Electric Cooperative
Cherokee County Electric Coop.
Southwest Power Adminis tr at io n James Driver, Gate City Electric Cooperative Fred Ritts, Counsel for Tex-La of Texas Tom Ryan, formerly counsel for the operating subsidiary of CSW, Southwestern Electric Power Company Counsel for CSW Counsel for The City of Austin Counsel for TMPA, Members of TMPA are the cities of Bryan, D- ' ton, Greenville, at Garland Johnnie Ammons, Tri-County Electric Cooperative Wharton County Electric Cooperative Community Public Service Company Douglas Wright City Manager of Hearne, Val Robertson Counsel for Gulf States San Bernado Electric Cooperative West Texas Utilities Federal Power Commission / Federal Energy Regulatory Commicsion Wood County Electric Cooperative Rusk County Electric Cooperative Houston County Cooperative Deep Eact Texas Electric Cooperative Upshur-Rural Electric Cooperative National Electric Reliability Council Louis Fish Arkansas Electr ic Cooperative Corp.
Mid-South Electric Cooperative Middle South Services, Inc.
- b. The circumstances under which the Department obtained the above listed documents was either upon written or oral voluntary request or upon being offered such document by a person contacted by the Department for information relevant to these proceedings.
HL&P has seen many of these documents in the discovery during these proceedings or in discovery in West Texas Utilities Co.
- v. Texas Electric Service Co.,
et al.
- c. The Department obj ects to the remainder of this interrogatory request on the grounds that it seeks to have the Department provide llL&P with an index of documents.
This request is clearly beyond the scope of legitimate discovery.
The Department has provided !!L&P with either the actual documents i t seeks or the oppor tunity to inspect any remaining documents.
Respectfully submitted,
$$00M A
//h Aiusan Braden Cyphert v'
c ~/. /
A.
I f(rgd e&A P atmen?Mt;?f r i c s 11.
ter Attorneys, Energy Section Antitrust Division U.S.
Department of Justice Telephone: (202 724 -6667)
Washington, D.C.
February 1, 1980 Subscribed and sworn to before me, a notary public, this 1st day of February 1980.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
Docket Mos. 50-498A HOUSTON LIGHTING AND POWER
)
50-499A CO., et al. (South Texas
)
Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak
)
50-446A Steam Elect r ic Stat ion,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that service of the foregoing SUPPLEMEN-TAL RESPONSE OF THE DEPARTMENT OF JUSTICE TO THE THIRD SET OP INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COMPANY TO ANTITRUST DIVISION, U.S. DEPT. OF JUSTICE has been made on the following parties listed hereto this 1st day of February 1980, by depositing copics thereof in the United States meil, first class, postage prepaid.
Marshall E.
Miller, Esquire Alan S.
Rosenthal, Esquire Chairman Chairman Atomic Safety & Licensing Michael C.
Farrar, Esquire Board Panel Thomas S.
Moore, Esquire U.S. Nuclear Regulatory Atomic Saf ety and Licensing Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Michael L. Glaser, Esquire Washington, D.C.
20555 1150 17th Street, N.W.
Washington, D.C. 20036 Jerome E.
Sharfman, Esquire U.S. Nuclear Regulatory Sheldon J.
Wolfe, Esquire Commission Atomic Safety.& Licensing Board Nashington, D.C.
20555 Panel U.S. Nuclear Regulatory Chase R.
Stephens, Secretary Commission Docketing and Service Branch Nashington, D.C.
20555 U.S. Nuclear Regulatory Commission Samuel J.
Chilk, Secretary Washington, D.C.
20555 Office of the Secretary of the Commission Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
Mr. William C.
Price Roy P.
Lessy, Esquire Central Power & Light Co.
Micnael Blume, Esquire P.
O.
Box 2121 U.S.
Nuclear Regulatory Corpus Christi, Texas 78403 Commission Wasnington, D.
C.
20555 G.
K.
Spruce, General Manager City Public Service Board Jerry L.
Harris, Esquire P.O.
Box 1771 City Attorney, San Antonio, Texas 78203 Richard C.
Balougn, Esquire Assistant City Attorney Perry G.
Brittain City of Austin President P.O. Box 1088 Texas Utilities Generating Austin, Texas 78767 Company 2001 Bryan Tower Robert C. ncDiarnid, Esquire Dallas, Te~as 75201 Robert A. Jaolon, Lsquire Spiegel and McDiarmia R.L.
liancock, Director 2600 Virginia Avenue, N.b.
City of Austin Llectric hashington, D.
C.
20036 Utility Department P.
O.
Box 1088 Dan II. Davidson Austin, Texas 78767 City llanager City of Austin G.
U.
Op r e a, J r.
P.
O.
Box 1088 Executive Vice President Austin, Texas 78767 houston Lighting & Power Company Don R.
Butler, Esquire P.
O.
Box 1700 1225 Soutnwest Tower Houston, Texas 77001 Austin, Texas 78701 Jon C.
Good, Esquire Joseph Irion horsnam, Esquire W.
Roger Wilson, tsquire Merlyn D.
Sampels, Lsquire Matthews, Nowlin, Macfarlane Spencer C.
Relyea, isquire
& Barrett horsham, Forsythe & bampels 1500 Alamo National Building 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201 David M.
Stahl, Esquire Joseph Knotts, Esquire Isham, Lincoln & Beale Nicholas S.
Reynolds, Lsquire Suite 701 Debevoise & Liberman 1050 17tn Street, N.b.
1200 17tn Street, d.h.
hashington, D.
C.
20036 Washington, D.
C.
20036 Michael I.
Miller, Esquire Douglas F. John, Esquire James A.
Carney, tsquire Akin, Gump, hauer & Feld Sarah 24. Welling, Lsquire 1333 New liampsnire Avenue, n.w.
Isham, Lincoln & Beale Suite 400 4200 One First National Plaza Washington, D.
C.
20036 Ch ic ag o, Illinois 60603
A Mo rgan 11unter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J.
A. Dou kn ig n t, Esquirc Sth Floor, Texas Statc Bank William J.
Franklin, Lsquire Lowenstein, Newman, heis, Building Axelrac & 'ro ll 900 Congress Avenue Austin, Texas 78701 1025 Connecticut Avenue, b.6.
Washington, D.
C.
20036 Jay M. Galt, Esquire Looney, Nichcis, Jonnson E. G. Barnett, Esquire Charles G.
- Thrash, Jr.,
Esquire
& Hayes 219 Couch Drive J. Gregory Copeland, Lcquire Oklahoma City, Oklahoma 73101 Theodore F.
- Geiss, Jr.,
Esquire Baker & Botts Knoland J.
Plucknett 3000 Cne Shell Plasa Executive Director Houston, Texas 77002 Committee on Power for the Southwest, Inc.
Kevin B.
Pratt, Lcquire 5541 Cast Skelly Drive Assistant Attorney General Tulsa, Oklanoma 74135 P.O.
Box 12546 Capital Station John W.
Davidson, Esquire Austin, Texas 76711 Eawtelle, Gooce, Davidson
& Tioilo frecerick H.
Ritts, Esquire 1100 San Antonio Savings Law Ct fices of Nor tncutt Ety Building hatergate 600 Building San Antonio, Texas 78205 Washington, D.C.
20037 W.
S.
Robson Donald 21. Clements, Esq.
General Manager Gulf States Utilities Company South Texas Electric P.O.
Box 2951 Cooperative, Inc.
Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport Mr.
G.
liolcan King Victoria, Texas 77901 Kest Texas Utilities Co.
P.
O.
Box G41 Ro be r t n. Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave.,
M.b.
W.
N.
Woolsey, Esquire ba~hington, D.C.
20006 Kleberg, Dyer, Redtord & Ge il 1030 Petroleum Tower R.
Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P.
Mathis, Esquire Baker & Botts 1701 Pennsylvania Avenue, h.W.
Washington, D.
C.
20006 t.'
Gusan B. Cygne r f,' Attc r ney Energy uection Antitrust Division Department or Justice
.