ML19319C635

Responds to Interrogatories & Document Requests Served by Other Parties.Certificate of Svc Encl

ML19319C635
Person / Time
Site:	Davis Besse, Perry
Issue date:	12/02/1974
From:	Keck M, Reynolds W SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002191078
Download: ML19319C635 (11)

Text

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, I Dacember 2., 1974

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

THE TOLEDO EDISON COMPANY and )

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY )

(Davis-Besse Nuclear Power Station, ) 50-3462 Unit 1) ) Docket Nos. W OA

) 50-441A THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL., )

(Perry Nuclear Power Plant, )

Units 1 and 2) )

THE TOLEDO EDISON COMPANY'S ANSWERS TO THE INTERROGATORIES AND DOCUMENT REQUESTS SERVED UPON IT BY THE OTHER PARTIES Pursuant to Section 2.740 of the Commission's Restructured Rules of Practice, The Toledo Edison Company

(" Company") submits the following responses (a) to Inter-rogatories 1 through 5, as jointly propounded by the AEC Regulatory Staff and the Department of Justice, and Inter-rogatory 1, as separately propobnded by the Department of Justice, all as adopted by reference by the City of Cleveland, and (b) to the requests of the other parties hereto for pro-duction of the Company's documents.

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A. Interrogatories Joint Interrogatory No. 1:

1. Designate and identify by electric utility on a large scale geographic map:

a. Each of Company's delivery points for wholesale power;

b. The location of each generating plant of Company and a designation of each plant's MW capacity;

c. Each interconnection point between your Company and other electric utilities. i l

Answer:

A large scale geographic map showing the informa-tion requested in Joint Interrogatory No. 1 is attached I here to .

Joint Interrogatory No. 2:

2. Define the geographic and product markets and submarkets upon which Company intends to rely as the relevant markets in this proceeding:

a. As to each product market and submarket listed in response to this question, identify and describe each factor con-sidered in determining that it is an appropriate product market or submarket for antitrust analysis in this proceeding;

b. Define the geographic boundaries which are relevant for each such product market and indicate such boundaries on a large scale map;

c. State specifically the factors used in defining the boundaries in each area described and delineated in 2.b., and describe each factor considered in detennining that it is an appro-priate geographic market or submarket for antitrust analysis in the proceeding.

Answer:

The Company is unable at this time to define the geographic and product markets and submarkets upon which it intends to rely as the relevant markets in this proceed-ing. As soon as the Company has formulated the position that it intends to take herein regarding the matter of rele-vant markets and submarkets, it will so advise the AEC Regulatory Staff, the Department of Justice and the City of Cleveland, providing at that time the information requested in Joint Interrogatory No. 2.

Joint Interrogatorv No. 3:

3. Since September 1, 1965 has Company ever trans-mitted electric power through its system for any electric utility engaged in the utilization sale or further transmission of that power? If so, describe each situation, stating (a) the parties involved, (b) the time period involved, (c) the amount of energy in MWHRS involved annually, (d) the reasons for the transmission, and (e) the date of and signatories to any agree-ments relating to each such situation.

Answer:

Since September 1, 1965, the Company has transmitted 1 electric power through its system for Buckeye Power, Inc., j pursuant to the Power Delivery Agreement dated as of January 1, 1968, signed by Buckeye Power, Inc., the Company and other Ohio electric utility companies, to Hancock-Wood Electric Cooperative, Inc., Tricounty Rural Electric Cooperative, Inc., Southeastern Michigan Rural Electric Cooperative, Inc.,

and for the purpose of assisting in the transmission of power from the generating station of Buckeye Power, Inc.

to the above named Cooperatives. Transmission commenced on June 28, 1968, with respect to Tricounty Rural Electric Cooperative, Inc., and Southeastern Michigan Rural Electric Cooperative, Inc. Transmission commenced during the month of September 1971 with respect to Hancock-Wood Electric Cooperative, Inc. The amounts of energy transmitted to the three cooperativas have been as follows:

MWHRS To Hancock-Wood Electric 1971 526,510 Cooperative, Inc. 1972 2,381,092 1973 3,567,315 To Tricounty Rural Electric 1968 11,562,398 Cooperative, Inc. 1969 25,282,063 1970 27,685,312 1971 29,499,379 1972 30,405,265 1973 34,169,425 To Southeastern Michigan 1968 2,797,750 Rural Electric Coopera- 1969 5,805,755 tive, Inc. 1970 6,168,500 1971 6,509,538 1972 7,151,051 1973 7,436,244 Joint Interrogatory No. 4:

4. Since September 1,1965, has Company ever refused any request to transmit electric power in the manner described above in interrogatory three?

If so, describe each such request by (a) the date of the request, (b) the party making the request, (c) the supplying and receiving parties, (d) the requested transmission route, (c) the amount of power involved, (f) the time period i

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involved, (g) the reasons for Company's decision with regard to this request, and (h) the identity by date, author (s) and subject matter of any documents relating thereto.

Answer:

Since September 1, 1965, the Company has not refused any request to transmit electric power in the manner described in Joint Interrogatory No. 3.

Joint Interrogatory No. 5:

5. Since September 1,1965 has Company used the transmission facilities of any other electric utility to transmit electric power? If so, describe each situation, stating (a) the parties involved, (b) the ttne period involved, (c) the amount of energy in MWHRS involved annually, (d) the reasons for the transmission, and (e) the date of and signatories to any agreenents relating to each such situation.

Answer:

Since September 1,1965, the Company has not used the transmission facilities of any other electric utility to transmit electric power from the Company.

DOJ Interrogatory No. 1:

1. State each request since September 1, 1965, made by an electric utility to Company for a new or altered interconnection arrangement, giving (a) the name of the entity, (b) the date of the request, (c) the date of any agreement to interconnect, (d) the reason for any refusal to interconnect, and (e) the date and author (s) of any document relating to any such refusal.

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l Answer:

Since September 1, 1965, the Company has agreed upon additional interconnection arrangements involving exchange of power and energy with Ohio Power Company, Consumers Power Company and The Detroit Edison Company by Agreement dated September 1, 1967. The Company is unable to state the specific date of the request for such interconnections since the Agreement was the result of extended mutual discussions. The Company also entered into an Amended Agreement with Ohio Edison Company under date of. August 1, 1968, not involving any additional interconnections.

B. Document Requests The Company has made available for inspection and copying all documents requested to be produced by the AEC Regulatory Staff, the Department of Justice and the City of Cleveland, except for those documents which the Licensing Board has ruled need not be produced, and those documents which the Company intends to withhold from pro-duction because they contain privileged and/or confidential matter entitled to special protection. The documents pro-duced are located in the offices of The Toledo Edison Company, Edison Plaza, 300 Madison Ave., Toledo, Ohio.

Access to this material can be arranged through Leslie Henry, Esquire, of Fuller, Henry, Hodge & Snyder, 300 Madison Avenue, Toledo, Ohio.

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Dectn., .:r 9, 1974 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ')

)

THE TOLEDO EDISON COMPANY and )

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-346A Unit 1) ) 50-440A

) 50-441A THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL., )

(Perry Nuclear Power Plant, )

Units 1 and 2) )

AFFIRMATIONS I, M. W. Keck, am Vice President of The Toledo Edison Company and hereby affirm that the Responses of the Company to Joint Interrogatories No. 1 and Nos. 3-5 of the AEC Regulatory Staff and the U.S. Department of Justice, and to the separate Interrogatory No. 1 of the U.S. Depart-ment of Justice, are true and correct to the best of my knowledge and belief.

. :l4' M.' W. Keck WITNESS my hand and notorial seal.

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I, Wm. Bradford Reynolds, am counsel for The Toledo Edison Company and hereby affirm that the ResJonse of the Company to Joint Interrogatory No. 2 of the AEC Regulatory Staff and the U.S. Department of Justice is true and correct to the best of my knowledge and belief.

D Nubh Wm. Bradford Repnolds Ch

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WITNESS my hand and notorial seal.

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</ 0:eninfon Er;!re fune 30. 1973

UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

THE TOLEDO EDISON COMPANY and )

THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY )

(Davis-Besse Nuclear Power Station, ) Docket Nos. 50-346A Unit 1) ) 50-440A

) 50 h41A THE CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, ET AL., )

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "The Toledo Edison Company's Answers to the Interrogatories and Document Requests Served Upon It by the Other Parties" were served upon each of the persons listed on the attached Service List by U. S. Mail, postage prepaid, on this 16th day of December, 1974.

SHAW, PITTMAN, POTTS & TROWERILuE

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By O.\b, d Ihh Wm. Bradford Reynolds)

Counsel for Applicants Dated: December 16, 1974.

', c, UNITED STATES OF AMERICA .

ATOMIC ENERGY, COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

THE TOLEDO EDISON COMPANY and )'

THE CLEVELAND ELECTRIC ) -

ILLUMINATING COMPANY )

) .

(Davis-Besse Nuclear Power ) Docket Nos. 50-346A Station, Unit 1) ) 50-4404

) 50-441A THE CLEVELAND ELECTRIC )

ILLUMINATING COMPANY, ET AL. )

) -

(Perry Nuclear Power Plant, )

Units 1 and 2) ) -

SERVICE LIST John B. Farmakides, Esq. Mr. Chase R. Stephens Chairman Docketing a Service Section Atomic Safety and Licensing Board U. S. Atomic Energy Commission

'U. S. Atomic Energy Commission 1717 H Street, N.W.

Washington, D. C. 20545 Washington, D. C. 20545 John H. Brebbia, Esq. Benj amin H. Vogler, Esq.

Atomic Safety and Licensing Board * ' Office of General Counsel Alston, Miller & Gaines Regulation 1776 K Street, N.W., U. S. Atomic Energy Commiss_on Washington, D. C. 20006 Washington, D. C. 20545 Douglas V. Rigler, Esq. Robert J. Verdisco, Esq.

Atomic Safety and Licensing Board Office of General Counsel Foley, Lardner, Hollabaugh Reg.ulation and Jacobs U. S. Atomic Energy Commission Schanin Building Washington, D. C. 20545 815 Connecticut Avenue, N.W.

Washington, D. C. 200u6

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Andrew F. Popper, Esq.

Office of General Counsel Atomic Safety and Licensing Regulation Board Panel U. S. Atomic Energy Commission U. S. Atomic Energy Commission Washington, D. C. 20545 Washington, D. C. 20545 .

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,n Joseph J. Saunders, Esq. Leslie Henry, Esq.

Steven Charno, Esq. Fuller, Henry, Hodge & Snyder Antitrust Division 300 Madison Avenue Department of Justice Toledo, Ohio 43604 Washington, D. C. 20530 Thomas A. Kayuha, Esq.

Melvin G. Berger, Esq. Ohio Edison Company Antitrust Division 47 North Main Street Department of Justice Akron, Ohio 44308 Washington, D. C. 20530 Thomas J. Munsch, Esq.

Reuben Goldberg, Esq. General Attorney David C. Hjelmfelt, Esq. Duquesne Light Company 1700 Pennsylvania Ave., N.W. 435 Sixth Avenue Washington, D. C. 20006 Pittsburgh, Pennsylvania 15219 Frank R. Clokey, Esq. David Olds, Esq.

Special Assistant Reed, Smith, Shaw & McClay Attorney General Union Trust Building Room 219 Box 2009 Towne House Apartments Pittsburgh, Pennsylvania 15230 Harrisburg, Pennsylvania 17105 John Lansdale, Esq.

Mr. Raymond Kudukis Cox, Langford & Brown Directvr'vf ULilltles 21 Dupont Circle, N.W.

City of Cleveland Washington', D. C. 20036 ,

1201 Lakeside Avenue Cleveland, Ohio 44114 Wallace L. Duncan, Esq.

Jon T. Brown, Esq.

Herbert R. Whiting, Director Duncan, Brown & Palmer Robert D. Hart, Esq. *1700 Pennsylvania Ave., N.W.

Department of Law Washington, D. C. 20006 1201 Lakeside Avenue Cleveland, Ohio 44114 Dwight C. P"Otay, Jr.

Assistant Attorney General John C. Engle, President Chief, Antitrust Section AMP-0, Inc. 30 East Broad Street, 15th Floor Municipal Building Columbus, Ohio 43215 20 High Street '

Hamilton, Ohio 45012 Deborah Powell Highsmith, Esq.

Assistant Attorney General D.onald H. Hauser, Esq. Antitrust Section Managing Attorney 30 East Broad Street, 15th Floor The Cleveland Electric Columbus, Ohio 43215 Illuminating Company 55 Public Square Christopher R. Schraff, Esq.

Cleveland, Ohio 44101 Assistant Attorney General Environmental Law section 361 East Broad Street, 8th Floor Co. lumbus, Ohio 43215

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