ML19320B890

Status Rept by Public Utils Board of City of Brownsville,Tx Re Settlement Progress.City Would Not Object to Further Extension Limited to 30 Days Although Negotiations Do Not Appear to Be Fruitful.Certificate of Svc Encl

ML19320B890
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	07/11/1980
From:	Poirier M BROWNSVILLE, TX, SPIEGEL & MCDIARMID
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007150449
Download: ML19320B890 (6)

Text

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UNITED STATES OF AMERICA 8 ,

BEFORE THE -

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NUCLEAR REGULATORY COMMISSION g: JUL 111960 P Offee cf the Secrete'Y

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Docketing & Sonice BEFORE THE ATOMIC SAFETY AND LICENSING BOARD k Smach In the Matter of ) E.-

)

HOUSTON LIGHTING & POWER COMPANY, ) Docke t Nos . 50-498A et al. ) and 50-499A

)

(South Texas Project, Unit Nos. )

1 and 2) )

)

)

)

In the Matter of )

)

TEXAS UTILITIES GENERATING COMPANY, ) Docket Nos . 50-445A l et al. ) and 50-446A

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)

(Comanche Peak Steam Electric )

Station, Unit Nos. 1 and 2) )

SETTLEMENT STATUS REPORT BY THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS The Public Utilities Board of the City of Brownsville , Texas ("Brownsville") hereby submits a report on the status of settlement discussions, as we requested by the License Board 1.1 its Order dated June 13, 1980.

Representatives of Brownsville met with represen-tatives of Central and South West Corporation 1/ (C&SW) on June 12, 1980. At that time C&SW discussed proposals that had been made during the previous meeting on May 2, 1980.

C&SW was not prepared to respond on all points; in particular, there was no response to Brownsville's proposed transmission agreement, which was first submitted on May 7, j 1980, in accordance with the May 2nd meeting. l There have been no further substantive discussions of settlement with representatives of C&SW, Houston Lighting l

& Power, or the Texas Utilities companies. Brownsville has )

provided those companies comments on the Settlement Agreement that the Companies signed on June 9, 1980 and presented to the Licensing Board on June 10, 1980.

1/ Also representing the cis rating subsidiaries of Central and South West, Central Powei & Light Company (CP&L), Public Service Company of Oklahoma, Southwestern Electric Power Company, and Texas Electric Service Company.

l 8 0 0 715n #ff ry)

Brownsville has also communicated by telephone with representatives of the Commission Staff, the Federal Energy Regulatory Commission, and the Department of Justice on the merits of the Settlement Agreement and the alternative propo-sals for transmission related te the proposed DC interconnections.

Brownsville also participated in the June 13, 1980 prehearing conference in Central Power & Light, et al.,

FERC Docket No. CL 79-8, in which representatives of C&SW, HL&P and TU outlined their proposed Settlement Agreement, and C&SW stated it would be filed by July llth at FERC as an of fer of settlement under FERC Regulation Sl.18(e)(ii) . C&SW has since requested that the date be extended to July 25th.

Although Brownsville continues to be committed to working towards a settlement that is acceptable to all par-ties and in the public interest, it does not appear, to the best of Brownsville's knowledge, that major steps in this direction hmie occurred during the past month. The issues that Brownsville has raised since the possibility of settle-ment first arose in this proceeding -- including among others the need for clear and generally applicable postage stamp transmission agreements in ERCOT and SWPP; the need for clear agreement between the FERC and the TPUC as to regulation under a bifurcated jurisdictional scheme; and the need for a demonstration of that a DC interconnection is in the public interest -- do not appear to have been resolved in the nego- ,

tiations of the other parties. Nevertheless, if the other I

parties in this proceeding so request, and should the Board feel that it is in the public interest to continue settlement  !

I negotiations, Brownsville would not object to a further extension of time not to exceed 30 days. .

I Respectfully submitted, l dimc Q Marc R. Poirier l Attorney for the Public )

Utilities Board of the City of l Brownsville, Texas Law Offices Of:

SPIEGEL & MCDIARMID 2600 Virginia Ave., N.W.

Suite 312 Washing ton , D.C. 20037 l (202) 333-4500 l July 11, 1980

UNITED STATES OF AMERICA BEFORE THE

NUCLEAR REGULATORY COMMISSION BEFORE THE ATC"TC SAFETY LICENSING BOARD In the Matter of )

)

HOUSTON LIGHTING & POWER COMPANY, ) Docket Nos. 50-498A et al. ) and 50-499A

)

(South Texas Project, Unit Mos. )

1 and 2) )

)

)

)

In the Matter of )

)

TEXAS UTILITIES GENERATING COMPANY, ) Docket Nos. 50-445A et al. ) and 50-446A

)

(Comanche Peak Steam Electric )

Station, Unit Nos. 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that I have caused copies of the foregoing SETTLEMENT STATUS REPORT BY THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS to be served on the following by deposit in' the United States mail, first class, postage paid ,

or as indicated by an asterisk (*), by hand, this lith day of July, 1980.

• Alan S. Rosenthal, Chairman

• Michael C. Farrar Atomic Safety & Licensing Appeal Atomic Safety & Licensing Board Panel Appeal Board Panel Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

• Thomas S. Moore

• Marshall E. Miller, Chairman l Atomic Safety & Licensing Appeal Atomic Safety & Licensing Board Board Panel Panel l Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D. C. 20555

• Sheldon J. Wolfe, Esquire Fredric D. Chanania, Esq.

, Atomic Safety & Licensing Board Michael B. Blume, Esq.

Panel Ann Hodgdon, Esq.

Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D.C. 20006 l

i .

• Michael L. Glaser, Esquire 1150 17th Street, N.W.

Washington, D.C. 20036 Jerome Saltzman, Chief Antitrust & Indemnity Group Robert Lowens te in , Esquire Nuclear Regulatory Commission J. A. Bouknight, Jr., Esquire Washing ton , D. C. 20555 William J. Franklin, Esquire Lowenstein, Newman, Reis, Chase R. Stephens, Chief Axelrad & Toll Docketing & Service Section 1025 Connecticut Avnue, N. W.

Office of the Secretary Washing ton, D. C. 20036 Nuclear Regulatory Commission Frederick !!. Ritts, Esquire Washington, D. C. 20555 Law Of fices of Northcutt Ely David M. Stahl, Esquire Watergate 600 Building Washing ton , D. C. 20037 Sarah F. Holzsweig, Esquire Isham, Lincoln & Beale 1120 Connecticut Avenue, N.W. Wheatley & Wolleson Suite 325 1112 Watergate Office Building Washington, D.C. 20036 2600 Virginia Avenue , N. W.

Washington, D. C. 20037 Susan B. Cyphert, Esquire Antitrust Division Willaim Sayles, Chairman and Department of Justice Chief Executive Officer O. Box 14141 Central Power & Light Company P.

Washington, 7.C. 20444 P. O. Box 2121 Corpus Christi, Texas 78403 l l

Joseph Knotto, Esquire Nicholas S. Reynolds, Esquire G. K. Spruce, General Manager l Debevoise & Liberman City Public Service Board i P. O. Box 1771 J

1200 17th Street, N. W.

Washington, D. C. 20036 San Antonio, Texas 78201 Douglas F. John, Esquire Jon C. Wood, Esquire McDermott, Will & Emery W. Roger Wilson, Esquire i 1101 Connecticut Avenue , N..W. Matthews, Nowlin, Macfarlane Suite 1201 & Barrett l 20036 1500 Alamo National Building )

Washing ton , D.C.

San Antonio, Texas 78205 Robert O'Neil, Esquire Miller, Balis & O'Neil Perry G. Brittain, President 776 Executive Building Texas Utilities Generating Co.

1030 Fifteenth Street, N.W. 2001 Bryan Tower Washing ton , D.C. 20005 Dallas, Texas 75201 Joseph Rutberg, Esquire Joseph I. Worsham, Esquire Antitrust Counsel Merlyn D. Sampels, Esquire Nuclear Regulatory Commission Spencer C. Relyea , Esquire Washing ton , D.C. 20555 Worsham, Forsythe & Sampels 2001 Bryan Tower Suite 2500 Dallas , Texas 75201

i I

R. L. Hancock, Director G. W. Oprea, Jr.

City of Austin Electric Utility Executive Vice President Department Houston Lighting & Power Co.

P. O.. Box 1088 P. O. Box 1700 Austin, Texas 78767 Houston, Texas 77001 Jerry L. Harris, Esquire W. S. Robson, General Manager Richard C. Balough, Esquire South Texas Electric Coop. , Inc.

City of Austin P. O. Box 151 P. O. Box 1088 Nursery, Texas 77976 Austin, Texas 78767 Don-H. Davidson Michael I. Miller, Esquire City Manager Isham, Lincoln & Beale City of Austin One First National Plaza P. O. Box 1088 Chicago, Illinois 60603 Austin, Texas 78767 Dors 1d Clements, Esquire Don R. Butler , Esq. Gulf States Utilities Co.

Sneed, Vine, Wilkerson, Selman P. O. Box 2951

& Perry Beaumont, Texas 77074 P. O. Box 1409 Austin, Texas 78767 Knoland J. Plucknett Executive Director Morgan Hunter, Esquire Committee on Power for the McGinnis, Lochridge & Kilgore Southwest, Inc.

900 Congress Avenue 5541 Skelly Drive Austin, Texas 78701 Tulsa, Oklahoma 74135 Kevin B. Pratt, Esquire Jay M. Galt, Esquire Linda Aaker, Esquire Looney, Nichols, Johnson & Hayes P. O. Box 12548 219 Couch Drive Capital Station Oklahoma City, Oklahoma 73101 Austin, Texas 78767 E. W. Barnett, Esquire R. Gordon Gooch, Esq.

Charles G. Thrash, Jr., Esquire John P. Mathis, Esq.

J. Gregory Copeland, Esquire Baker & Botts Theodore F. Weiss, Jr., Esquire 1701 Pennsylvania Ave. , N.W.

Baker & Botts . Washington, D.C. 20006 3000 One Shell Plaza Houston, Texas 77002 l

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Somervell County Public Library P. O. Box 417 Glen Rose , Texas 76403

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Maynard Human, General Manager Western Farmers Electric Coop.

P. O. Box 429 Anadarko, Oklahoma 73005 James E. Monahan Executive Vice President and General Manager Brazos Electric Power Coop., Inc.

P. O. Box 6296 Waco, Texas 76706 Robert M. Rader, Esquire Conner, Moore & Corber .

1747 Pennsylvania Avenue, N. W.

Washing ton, D. C. 20006 l

W. N. Woolsey, Esquire Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 l

Mr. G. Holman King West Texas Utilities Co. j P. O. Box 841 Abilene , Texas 79604 l

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• Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas July 11, 1980 l