ML19305C550
| ML19305C550 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 01/29/1980 |
| From: | Mccuistion R HOUSTON LIGHTING & POWER CO., Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML19305C541 | List: |
| References | |
| NUDOCS 8003310042 | |
| Download: ML19305C550 (13) | |
Text
{{#Wiki_filter:' EXHIBIT D 1 UNITED STATES OF AMERICA N =* 2 NUCLEAL REGULATORY COMMISSION 3 4 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 5 6 In the Matter of ) 7 HOUSTON LIGHTING & POWER ( NRC Docket Nos. 8 COMPANY, et a1 ) 50-498A and.50-499A 9 (South Texas Project, ( 10 Unit Nos. I and 2) ) 11 12
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13 14 In the Matter of ) 15 TEXAS UTILITIES GENERATING ( 1 1 i 16 COMPANY, et al ) NRC Docket Nos. I 17 (Comanche Peak Steam ( 50-445A and 50-446A g ~. 10 Electric Station, ) 19 Units 1 and 2) ( 20 21 (Consolidated for Discovery) 22 23 24 ORAL DEPOSITION OF 25 ROBERT M. NcCUISTION l B 00331004 J 4,,..arcn >,. h e - -,. m - e h w--
1 APPEARANCES: 2 UNITED STATES DEPARTMENT OF JUSTICE, 3 BY: MR. DAVID A. DOPSCVIC, 4 Anti-Trust Division, 5 P. O. Box 14141, 6 Washington, D. C.
- 20044, 7
Appearing for the Government; 8 ISHAM, LINCOLN & BEALE 9 BY: PR. DAVID STAHL, l 10 1050 17th St. N.W., 11 Washington, D. C.
- 20036, 12 Appearing for Central Power & Light; 13 BAKER & bOTTS, 14 BY:
MR. J. GREGORY COPELAND, 15 One Shell Plaza, 16 Houston, Texas
- 77002, 17 Appearing for Houston Power & Light; 18 DNITED STATES NUCLEAR REGULATORY 19 COMMISSION, 20 BY:
MR. FREDRIC D. CHANANIA, 21 -and-22 PR. MICHAEL BLUME, 23 Washington, D. C.,
- 20036, 24 Appearing for the Nuclear Regulatory 25 Commission.
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1 j = 1 00000 i 2 DEPOSITION upon oral examination, of the 3 witness, ROBERT M. McCUISTION, taken on behalf of th: 4 Government, in the above-entitled cause, in the Matter of I 5 Houston Lighting & Power Company, et al and Texas 6 Utilities Generating Company, et al, bef ore DIDORAH S. 7 KARPER and JAY HARPER, Certified Shorthand Reporters in 8 and for the State of Texas, on the 29th day of January, 9 A. D. 1980, Federal Building,. Rusk Street, Houston, 10 Harris County, Texas, between the hours of 9:45 o' clock 11 A. M. and ------- o' clock P. M., pursuant to due Notice 12 and the following agreement of counsel: 13 14 It is stipulated and agreed by 15 and between counsel and the respective parties hereto, 16 that the deposition of the witness named in the caption 17 hereto, may be taken at this time and place, tire and 18 notice being waived, and that the said deposition, or any .r 19 part thereof, when so taken may be used on the trial of ~! 20 this case the same as if the witness were present in 21 court and testifying in person. 22 It is further stipulated and 23 agreed by and between counsel and the respective parties 24 hereto that the necessity for preserving objections to ) 25 the questions propounded or to the answers given, except muumD m m m W m gemisiin m augumseh em m m m summmyw emummum m m guimumme m em m m m Emmumme m m m m e b L m m . m w +
en 1 ebjocto oc to tha form of tho questicn or tha s-2 responsiveness of the answer, at the time of the taking 3 of the deposition or anytime thereafter, whether orally 4 or in writing, is waived and that any and all objections 5 to this deposition, or any part thereof, may be made and 6 urged for the first time at the time same is sought to be 7 offered in evidence on the trial of this cause. 8 It is further stipulated and 9 agreed by and between counsel and the respective parties 10 hereto, that the witness may sign said deposition before 11 any duly authorized and acting Notary Public in the State 12 of Texas. 13 14 15 16 17 18 19 20 21 22 23 i 24 lO
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~ n.... i. - .-.....,...._....m.n..;,,n -s.,. &. na 4 l 1 fair to ask him what' Mode 1-5 is, what it entails. sess 2 Q. Do you want te review the study to refresh ) 3 your memory, Mr. McCuistion? l 4 Mn. COPELAND: That would take all 5 night. It's a pretty lengthy study. 6 A. Well,.I know that every effort was made to l' 7 make the comparison of Mode 1 and Mode 4 on an equitable 8 basis, which in our view, the PTI report did not do, (~ 9 because it optimizes one area and did not optimize t' 10 another area. 11 Q. Well, do you know the dif ference between plan i 12 one and plan 1-B, generally speaking? I 13 A. No. 14 Q. Do you know if Mode 1 in Stagg I included t 15 centralized dispatch of ERCCT? IG A. I don't believe it did. 17 0 And do you know if Stagg I'-B included i 16 centralized dispatch? ? 19 A. It may have. I could not say. 20 0 Mr. McCuistion, what has your role been in the 21 work you've done by Glen Stagg for HL&P? l 22 A. By Glen Stagg? 23 Q. Yes, sir. I 24 A. Well, I have ju-t stated in the d: cr.mination 25 of what the scope of his work would be and what d l' M d[Vs VD T D "Y D g M J\\ a
Adc 1 1 parameters would be included and then our technical 2 pcople have supported his work. We had made certain of 3 the studies, nanely loss of load probabilities and ~ 4 stability studies and helped develop the data for these 5 his studies. 6 MR. BLUME: May I please have that reread? 'I~ 7 (The question was 'ead back by the r 8 reporter.) t 1 9 Q. Has Mr. Stagg done any studies other than j i 10 Stagg I and Stagg II for ML&P? 11 A. Is the last report titled Stagg II? 12 MR. COPELAND: Generically referred to O 13 that. I don't think it's titled that, but that's what 14 he's talking about. 1 I 15 A. Not to my knowledge. ) I 16 0 Is Houston Lighting & Power using Mr. Stagg's 17 work for planning purposes? it can 18 A. Well, to the extent that there is j l l' 19 be used for planning purposes, we're using it. 20 Q. Would you mind elaborating on that for me? 21 A. Well, obviously, the Mode 4 would not be 22 implemented unless we, it's determined that we're going l l 23 to be in a Mode 4 state. Now, the studies relating to I ) 24 Mode 1 would be helpful, but these studies are all just f 25 indicators. They do not necessarily relate to a specific l l l MMMMMMNN MMMMM MMMNNNNNM 7 Ta *1 .a -ea e a i
l 1 plan that you're going to evolve. ) ) 2 Q. You mentioned that Houston Lighting & Power 3 has developed some data for Mr. Stagg. Can you tell me 4 what data you're referring to? 5 A. All the line constants and generator constants .1 6 and all of the detailed infornation that's required to go l' 7 in these studies. 8 Q. And in evaluating Mode 4, is Houston supplying I 9 Mr. Stagg with data on Southwest Power Pool systems and 10 the rest of the eastern grid? 11 A. That that's available to us. We had gone 12 through the Southwest Power Pool administrative offices 13 to get the information on the systems. 14 Q. Who else besides yout self, if anyone, 't 15 participates in the determination of the scope of Mr. 16 Stagg's work, Mr. McCuistion? 17 A. Gene Sinnons, Kermit Williams and to some
- s 18 degree, our attorneys.
l' 19 Q. What role does Mr. Gerber play, if any, in Mr. 20 Stagg's work? 21 A. Gerber was a consultant on economic matters 1 't 22 primarily. 23 Q. What types of economic matters are you .t 24 thinking of? 25 A. All types of types of economic matters that 1 lp _ _ ___ _ _ _ _ _ _ _ _ _ __. - _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ ... ~ ..,. ~.
l&l 1 roquostcd hin to revice. I 2 Q. Well, for exampic, on page two, Mr. Stagg says, i 3 quote, it should be noted that in developing the ERCOT 4 generation plans, I have increased the capacity of the 5 Parrish No. 8 unit from 750 megawatts to 1200 megawatts 6 for plan one and to 1300 megawatts for plan 11. Unquote. 7 Was the suggestion to increase the capacity of 8 the Parrish No. 8 unit supplied by RL&P, Mr. McCuistion? 9 A. I don't know. I would doubt it very much. I 10 think he was just sizing the units to handle the load. 11 Q. Is it Houston's plan, in fact, to size Parrish 1 12 No. 9 at 1200 or 1300 megawatts? 13 A. No. 14 Q. What is the planned capacity for Pa*rish No. S? P 15 A. Well, the unit is ordered and I guess about 16 ready for delivery. It's 650. 17 Q. Did you say that the attorneys for PL&P have t 18 had a role in developing the scope of work for Mr. Stagg? t 19 A. The attorneys have been involved in our 20 discussions and planning what we would do relative to 21 responding to the Central & Southwest PTI report, the 22 reputiation of the PTI report, the second version of it, 23 the Stone s Webster study and the continuing saga of the t' 24 whole controversy. It's really so confusing, the re 's 25 been so many verrior.s of these things. CD=---------------------------- _e s.,--
l { l 1 MR. COPELAND: Of course, they have /** 2 now thrown out the one and they don't stand by any of 3 them. i 4 Q. Houston's attorneys have, in fact, been j 5 intimately involved in development of Mr. Stagg's work, i 6 have they not, Mr. McCuistion? (* 7 MR. COPELAND: I object. Don't j i 8 answer the question. -{ 9 Q. Mr. McCuistion, I'll hand the reporter a 1 10 document to mark as McCuistion Deposition Exhibit 3 and 11 ask you to review it and tell me if you have ever seen it l 12 before. 13 (Whe r eu pon, McCuistion Exhibit 14 (No. 3 l E 15 (was marked for identification. 1 { 16 Q. It is a five page document which includes a 17 cover let.ter on Baker & Botts stationery from Stephen R. i ~ 18 Hunsicker to Glen Stagg dated November 9, 1977. Attached (' 19 to it is a memorandum on Baker s Botts stationery dated 20 October 27, 1977, entitled Options for Rebuttal Case. I 21 Will you review that, Mr. McCuistion? Have you ever seen C 22 that before? 23 A. No, I've never seen it. 0 24 Q. Mr. McCuistion, I'll hand the reporter another 25 document on the stationery of Stagg Systems, Incorporated ?
153 t 1 dated December 7, 1977. You are one of the addressets. .2 It's from Clen Stagg. It is approximately a twenty page 3 document. Attached to it is as Appendix A, McCuistion I 4 Exhibit 3. 5 (whereupon, McCuistion Exhibit t 6 (No. 4 f 7 (was marked for ' identification. 8 Q. I'll ask you to review.it carefully and tell ( 9 me if you have ever seen it be f o r e. 1 10 MR. COPELAND: What is the question? 11 MR. BLUME: I asked him if he's ever i 12 seen the document before, f 13 MR. COPELAND: The exhibit? 14 MR. BLUME: Yes. I 15 A. If I did, I referred it to Kermit Williams. I 16 Q. Why would you have referred it to Mr. Williams, 17 Mr. McCuistion? I 18 A. Mr. Williar.s was actively following the t 19 Central & Southwest on a day-to-day basis and I was not. 20 Q. Mr. Williams is listed below your name as a ( 21 recipient of this McCuistion Exhibit 4 as well. Why i 22 would you have sent him an extra copy, sir? 23 A. I did not need that copy. I 24 Q. The cover letter of McCuistion Exhibit 4 s <3;, 25 ,neicates that Exhi,it 4..s,,ep.r.e fo,. m.. tin, to he t N WWEmuNulNN NNNN O C. OC M
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOL'STON LIGHTING & POWER COMPANY ) NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO ) 50-499A CITY OF AUSTIN ) CENTRAL POWER S.ND LIGHT COMPANY ) (South Texas Project, Unit Nos. ) I and 2) ) ) TEXAS UTILITIES GENERATING ) NRC Docket Nos. 50-445A COMPANY, et al. ) 50-44M (Comanche Peak Steam Electric ) Station, Units 1 and 2) ) CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF AND DEPARTMENT OF JUSTICE JOINT RESPONSE TO MOTION OF HOUSTON LIGHTING & POWER COMPANY TO QUASH SUBPOENA 0F MR. GLENN W. STAGG in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated Ly an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 26th day of March 1980: Robert Fabrikant, Esq. Marshall E. Miller, Esq., Chairman Donald A. Kaplan, Esq. Atomic Safety and Licensing Board Panel Susan B. Cyphert U.S. Nuclear Regulatory Commission Nancy A. Luque Washington, D. C. 20555 Frederick H. Parmenter, Esq. David A. Dopsovic, Esq. Michael L. Glaser, Esq. P. O. Box 14141 1150 Seventeenth Street, N.W. Washington, D. C. 20044 Washington, D. C. 20036 Mr. William C. Price. Sheldon J. Wol fe, Esq. Central Power & Light Co. l Atomic Safety and Licensing Board Panel P. O. Box 2121 l U.S. Nuclear Regulatory Commission Corpus Christi. Texas 78403 l Washington, D. C. 20555 G. W. Oprea, Jr. Atomic Safety and Licensing Board Executive Vice President U.S. Nuclear Regulatory Commission Houston Lighting & Power Company Washington, D. C. 20555 P. O. Box 1700 Houston, Texas 77001 Docketing and Service Section Office of the Secretary Robert E. Bathen U.S. Nuclear Regulatory Commission R. W. Beck & Associates Washington, D. C. 20555 P. O. Box 6817 Orlando, Florida 32803 R. L. Hancock, Director City of Austin Electric Utility Somervell County Public Library P. O. Box 1088 P. O. Box 417 Austin, Texas 78767 Glen Rose, Texas 76043
,s - R. Gordon Gooch, Esq. Robert Lowenstein, Esq. John P. Mathis, Esq. J. A. Bouknight, ESq. Steven R. Hunsicker, Esq. William J. Franklin, Esq. Baker & Botts Peter G. Flynn, Esq. Suite 300 Douglas G. Green, Esq. 1701 Pennsylvania Avenue, N.W. Lowenstein, Newman, Reis, Axelrad Washington, D. C. 20006 & Toll 1025 Connecticut Avenue, N.W. J. K. Spruce, General Manager Washington, D.C. 20036 City Public Service Board P. O. Box 1771 Jerry L. Harris San Antonio, Texas 78203 Richard C. Balough Dan H. Davidson, City Manager Robert C. McDiarmid, Esq. City of Austin Robert A. Jablon, Esq. P. O. Box 1088 George Spiegel, Esq. Austin, Texas 78767 David A. Giacalone, Esq. Marc R. Poirier, Esq. Jerome Saltzman, Chief Spiegel & McDiarmid Antitrust & Indemnity Group 2600 Virginia Avenue, N.W. U.S. Nuclear Regulatory Commission Washington, D.C. 20037 Washington, D. C. 20555 Jon C. Wood, Esq. Jay Galt Esq. W. Roger Wilson, Esq. Jack P. Fite, Esq. Matthews, Nowlin, Macfarlane Looney, Nichols, Johnson & Hayes & Barrett 219 Couch Drive 1500 Alamo Nationni Building Oklahoma City, Oklahoma 73102 San Antonio, Texas 78205 Merlyn D. Sampels, Esq. Mr. W. N. Woolsey Jos. Irion Worsham, Esq. Kleberg, Dyer, Redford & Weil Spencer C. Relyea, Esq. 1030 Petroleum Tower Worsham, Forsythe & Sampels Corpus Christi, Texas 78474 2001 Bryan Tower, Suite 2500 Dallas. Texas 75201 Dick Terrell Brown, Esq. 800 Milam Building Morgan Hunter, Esq. San Antonio, Texas 78205 McGinnis, Lochridge & Kilgore Fifth Floor, Texas State Bank Building E. William Barnett, Esq. 900 Congress Avenue Charles G. Thrash, Jr., Esq. Austin, Texas 78701 Melbert D. Schwarz, Esq. Theodore F. Weiss, Esq. Joseph B. Knotts, Esq. J. Gregory Copeland, Esq. Nicholas S. Reynolds, Esq. Baker & Botts C. Dennis Ahearn, Esq. 3000 One Shell Plaza Debevoise & Libennan Houston, Texas 77002 1200 Seventeenth Street, N.W. Washington, D.C. 20036
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- Douglas F. John, Esq.
Donald M. Clements, Esq. McDermott, Will and Emery Gulf States Utilities Company 1101 Connecticut Avenue, N.W. P. O. Box 2951 Suite 1201 Beaumont, Texas 77704 Washington, D. C. 20036 Robert M. Rader, Esq. Don R. Butler, Esq. Conner, Moore & Corber 1225 South West Towers 1747 Pennsylvania Avenue, N.W. Austin, Texas 78701 Washington, D.C. 20006 John W. Davidson, Esq. Sawtelle, Goode, Davidson & Troilo Mr. G. Holman King 1100 San Antonio Savings Building West Texas Utilities Co. San Antonio, Texas 78205 P. O. Box 841 , Abilene, Texas 79604 Linda Aaker Attorney General's Office State of Texas P. O. Box 12548 Austin, Texas 78711 James E. Monahan Executive Vice President and General Manager Brazos Electric Power Cooperative, Inc. P. O. Box 6296 Waco, Texas 76706 Frederick H. Ritts, Esq. William H. Burchette, Esq. Law Offices of Northcutt Ely Watergate 600 Building 4 f7 a JL J // Washington, D. C. 20037 .WA un Michael I. Miller, Esq. Fredric D. 'Clianania James A. Carney, Esq. Counsel for NRC Staff Sarah N. Welling, Esq. Isham, Lincoln & Beale 4200 One First National Plaza Chicago, Illinois 60603 David M. Stahl, Esq. Isham, Lincoln & Beale Suite 325 1120 Connecticut Avenue, N.W. Washington, D. C. 20036 Maynard Human, General Manager Westerri Farmers Electric Cooperative P. O. Box 429 Anadarko, Oklahoma 73005 l I . _...}}