ML19329C728
| ML19329C728 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 12/05/1975 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002190847 | |
| Download: ML19329C728 (22) | |
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UNITED STATES OF AMERICA 9)
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DEC 81975 > $f NUCLEAR REGULATORY COMMISSION o
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
to g
In the Matter of
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THE TOLEDO EDISON COMPANY and
)
NRC Docket Nos.'50,-346A.
THE CLEVELAND ELECTRIC ILLUMINATING )
50-500A COMPANY
)
50-501A (Davis-Besse Nuclear Power Station,
)
Units 1, 2 & 3)
)
)
THE CLEVELAND ELECTRIC ILLUMINATING )
NRC Docket Nos. 50-440A COMPANY, ET AL.
50-401A (Perry Nuclear Power Plant, Units 1 & 2) i ADDITIONS TO LIST OF EXHIBITS OF NRC STAFF The Staff has recently discovered documents which it intends to
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introduce into evidence at the forthcoming hearing but which were not listed on the " List of Intended Fact Witnesses and List of Exhibits of l
NRC Staff." The sole reason these documents did not appear on Staff's List of Exhibits is that their existence was discovered on a field in-vestigation this week.
In order to accomodate the parties, Staff is l
l attaching copies of these documents to all persons on the service list i
n I
except for members of the Licensing Board.
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j Therefore Staff hereby amends its " List of Intended Fact Witnesses ding the following:
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t THIS DOCUMENT CONTAINS POOR QUALITY PAGES
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8 0 02190 [f/ p q
Date h
Author Addressee NRC-236 Undated Proposed Wholesale Contract between Toledo Edison and Bowling Green, Ohio, containing proposed deletions by Bowling Green and discussed at a meeting on April 17, 1972, between Bowling Green and Toledo Ediscnv
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NRC-237 4/18/72 Office W. R. Moran J. P. Williamson Memorandum (copy to W. H. Schwalbert)
NRC-238 1/8/72 Letter Powers Luse Philip Ardery (copies to J. Engle and R. Hillwig)
NRC-239 1/8/73 (Attachment to NRC-238) Memorandum of AMP-OHIO, INC.,
1972 Power Supply Negotiations with Toledo Edison Company.
l NRC-240 7/3/72 Letter W. R. Moran Powers Luse and Robert Hillwig NRC-241 9/17/75 Letter William E.
Robert Hillwig Huepenbecker, P.E.
Respectfully submitted, e/
d' Q
' Jack R. Golocerg Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of December 1975.
t
UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
In the tter of
)
)
THE TOLEDO EDISON COMPANY and
)
NRC Docket Nos. 50-346A THE CLEVELAND ELECTRIC ILLUMINATING )
50-501A 50-500A COMPANY
)'
(Davis-Besse Nuclear Power Station, )
Units 1, 2 & 3)
)
)
THE CLEVELAND ELECTRIC ILLUMINATING )
NRC Docket Nos. 50-440A COMPANY, ET AL.
)
50-441A (Perry Nuclear Power Plant,
)
Units 1 & 2)
)
CERTIFICATE OF SERVICE
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I hereby certify that copies of ADDITIONS TO LIST OF EXHIBITS OF NRC STAFF, dated December 5,1975, in the captioned matter, have been served upon the following persons in the Washington, D.C. area and by mail to all others via the United States mail, first class or airmail, this 5th day of December 1975:
Douglas V. Rigler, Esq.
Melvin G. Berger, Esq.
Chaiman, Atomic Safety and Joseph J. Saunders, Esq.
Licensing Board Steven Charno, Esq.
Foley, Lardner, Hollabaugh Ruth Greenspan Bell, Esq.
and Jacobs Janet Urban, Esq.
Schanin Building P. O. Box 7513 815 Connecticut Avenue, N.W.
Washington, D.C.
20044 Washington, D.C.
20006 Docketing and Service Section Ivan W. Smith, Esq.
Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washingten, D.C.
20555 Washington, D.C.
20555 John Lansdale, Esq.
Mr. John M. Frysiak Cox, Langford & Brown Atomic Safety and Licensing Board 21 Dupont Circle, N.W.
U.S. Nuclear Regulatory Comission Washington, D.C.
20036 Washington, D.C.
20555 Atomic Safety and Licensing Board David C. Hjelmfelt, Esq.
Panel 1700 Pennsylvania Avenue, N.W.
U.S. Nuclear Regulatory Comission Washington, D.C.
20006 Washington, D.C.
20555
4.
Donald H. Hauser, Esq.
James B. Davis, Director Victor F. Greenslade, Jr.
of Law The Cleveland Electric Robert D. Hart, Esq.
Illuminating Conpany City of Cleveland P. O. Box 5000 213 City Hall Cleveland, Ohio 44101 Cleveland, Ohio 44114 Leslie Henrf, Esq.
Joseph A. Rieser, Esq.
Fuller, Henry, Hodge & Snyder Lee A. Rau, Esq.
300 Madison Avenue Reed, Smith, Shaw & McClay Toledo, Ohio 43604 Suite 404 Madison Building, N.W.
Thomas A. Kayuha Washington, D.C.
20005 Executive Vice President Ohio Edison Company Alan S. Rosenthal, Chainnan 47 North Main Street Atomic Safety and Licensing Akron, Ohio 44308 Appeal Board U.S. Nuclear Regulatory Conmission Thomas J. Munsch, Esq.
Washington, D.C.
20555 General Attorney Duquesne Light Company Michael C. Farrar 43S Sixth Avenue Atomic Safety and Licensing Pittsburgh, Pennsylvania 15219 Appeal Board U.S. Nuclear Regulatorf Comission Karen H. Adkins, Esq.
Washington, D.C.
20555 Richard M. Firestone, Esq.
Antitrust Section Richard S. Salzman 30 East Broad Street,15th Floor Atomic Safety and Licensing Colunbus, Ohio 43215 Appeal Board U.S. Nuclear Regulatory Comission Mr. Raymond Kudukis, Director Washington, D.C.
20555 of Public Utilities City of Cleveland Michael M. Briley, Esq.
1201 Lakeside Avenue Roger P. Klee, Esq.
Cleveland, Ohio 44114 Fuller, Henrj, Hodge & Snyder 1
300 Madison Avenue David McNeil Olds, Esq.
Toledo, Ohio 43604 William S. Lerach, Esq.
Reed, Smith, Shaw & McClay Terence H. Benbow, Esq.
747 Union Trust Building A. Edward Grashof, Esq.
P. O. Box 2009 Steven A. Berger, Esq.
Pittsburgh, Pennsylvania 15230 40 Wall Street New York, New York 10005 Gerald Charnoff, Esq.
Wm. Bradford Reynolds, Esq.
Shaw, Pittman, Potts &
Trowbridge O
/1 910-17th Street, N.W.
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Washington, D.C.
20006 Roy P. Lessy, Jr.
Counsel' for NRC Staff
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W M ( l. EAR REG _ULATORY COMMI l'. d'Ibit N,o.
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DEC B 1g y ;42 Aelaitted o... d 5.=**'
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This Contract, made and entered into this day of
, 1972, by and between The Toledo Edison Company, an Ohio corporation, its successors and assigns, herein-af ter called the " Edison Company", and the City of Bowling Green, Ohio, by and through its. Board of Public Utilities, hereinafter called the " City";
WITNESSETH:
Pursuant to authority and direction of the Council of the City of Bowling Green, Ohio, as expressed in Ordinance No.
entitled "AUTHORI::I::G A:!D DIRECTING THE BOARD OF PUELIC UTILITIES OF THE CITY OF 30;; LING G?.EEN, OHIO, TO Z: ITER INTO A CC; TRACT WITH T:-!E TOLEDO EDISON CO: IPA::Y, ITS SUCCESSORS AND ASSIGNS, FOP, FUPaIISHI::G ELECTRIC E ;ERGY FROM AND AFTER ::AY 1,1972..FOR A PERIOD OF T0;O (2)
YEARS, UHICII SAID CO: TRACT SHALL BE SE55U5=85.U G FOR ADDITIO;iAL i
INCREMEICAL PERIOCS OF TUO (2) YEARS FOR A MAXIMUM PERIOD OF TIL (10) YEARS IF THE RIGHT OF TZ2.*IINATICN AND CANCELLATION IS NOT EXERCISED BY EITHER PARTY ", the parties hereto agree as follows:
l.
The Edison Ccppany agrees to furnish, and the City agrees to use,and pay for, all electric energy to be used or dis-tributed by the City, in accordance with the rate schedule and related terms and conditions attached hereto, and incorporated into this agrce-ment as Exhibit "A".
2.
The characteristics of electricity supplied; the facili-ties installed by the Edisen Cc=pany for the sole purpose of providing service to the City; the delivery point locations; the voltage at which electricity will be metered; the Contract Demand; and other applicable service provisions shall be specified in an Exhibit "3"
Said Exhibi "3" shall be executed by the Edison Cc=pany and tne Ci y and thereupon shall become a part of the agreement for tne purchase of electricity and shall be attached hereto.
This Exhibit "3" may be revised as necessary and when revised and executed by the parties hereto shall supersede the Exhibit "3" previously in effect.
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The Edison Company shall install suitable kilowatt hour meters for the purpose of determining the amount of electr 3.
energy consumed by the City; and suitable demand meters for the The City purpose of dctcraining' the capacity required by the City.
will provide. space for the Edison Company's meters and metering
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All meters and equipment without charge to the Edison Company.
metering equipment are and shall remain property of the Edison Company.
Should any meter register inaccurately or fail to register in any month, it shall be adjusted on the basis of the amount us i
of and/or the capacity required and/or the power factor at the t me maximum demand during a corresponding month.
The Edison Company agrees 'to notify the City whene'ver the Edison company makes a test of its metering equipment so that th
- he result.
City's representative can be present when tests a d
City and a report of each test requested by the City to the City.
be lef t as f ar as practical at 100.0% accuracy.
Any adjustment made shall be applied to the billing of the month previous to the discovery of the error unicss the meter i
or meters have been tested" within said period and found (2%),
the limits'o'f two per cent be applied to tne billing of the current month only.
is used in Where the word " meter" or " metering equipment" it shall include all metering equipment including d fer-instrument transformers used to determine the quantities use this Contract, billing purposes.
The Edison Company in furnishing electric service does service interruptions, phase failure
.4.
not contract or warrant against phase reversal, or varia:icns in service charac or all of the foregoing.
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5.
The City agrees to forever indemnify and save and keep harmless the Edison Company, its successors and assigns, from any and all loss, damage or liability under or by reason of any claims or injuries to' persons or property occasioned by the electric energy beyond the point of delivery thereof by the Edison Company to the City.
Point or points of delivery as feferred to herein are the point or points where the Company's lines or equipment are first connected to the City 's property.
6.
The City shall use ex'traordinary care in designing its circuits so that the loads en the individual phases shall be practically balanced at all times.
7.
The City shall provide all equipment necessary to regulate the cperations of their system so that the Edison Company's supply voltage snall not be subject to excessive variation.
Che City will continue to grant the Edison Company the right to transmit electric energy at 69,000 volts over the City's transmission line.<..
P e c between the easteriv corporate limits on U.S. Route 67 thef we r tc ri. 8"
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-c cerp^r 2 t; h...4s od/Poe Road, and the northern limit or Section 13, Plain Township,1l cod County, where said limit crosses the proposed 69 KV transmission line from the 3 rim Road Substation to Poe Road.
The City also grants the Edison Company a pole attacnment permit whereby the Company can continue to attach its 69,000 volt trans-mission line and related e~guipment to City owned poles located clong the B &,6A'Pce Road to the Liberty Hi Road O 9ailroad's tracks northwesterly from-the -western-corporation es li-k*r m
R.
.The. Edisen Company agrees that. it will cof,.. -without
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the written consent oY 'the City, or by order of. a duly constituted
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public authority, furnish service to:
(a)Iny premises now receiving j
electric service frca the City, or (b) any premises immediately
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adjacent to City distribution lines, or (c) any premises located within the corporate limits of the City, except those customers or s
premises which are now serviced from ~the -p.resen t lines cf the Edison Company.
Any reques: by the 2dison Company for the consent of the City to serve any premises shall be in writing.
The' City shall s
, respond in writing within fif teen (15) days after receiving'sucn m
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j request.
If there is no response within this period; 'it will be
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assimed that consent has been given.
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g he City agrees that it will not," without the written consent of t. e. Edison Company, supply electric energy (a) for
,I resale to cust6mers located outsidc the present corporate limits I
of the City, except, those customets, including the Village of j
,, Tontagany, which are'now. serviced from the present lines, (b) for use at any premises now'being furnished electric service directly by the Company.
Any request by the City for the consent of the Edison Company to serve any premises shall be in writing.
The Edison Company shall respond in writing within fif teen (15) days after receiving such request.
If there is no response within this period, it will be assumed that ccnsen't h.as,been given.
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'/ However, the parties hereto recognf:e.that the City may, under rapplicable provisions of Ohio lau, serve customers in any annex'ed *erritory requesting such electric service.
- s, 9.
This contract shall lxt binding upon and inure to the benefit of the Edison Company, its successors and assigns, but shall not be transferred or assigned by the City without the prior written consent of the Edison Company, except in the case of an assignment and transfer pursuant to the previsions of any present or future indenture pr::aining to securities for which the property or income of tha municipally-cwned electric utility property of the City is pledged.
10.
This contract is made subject to the jurisdiction of any federal or state regulatory authority having jurisdiction in the premises.-
11.
This Contract shall be in full force and effect for a period of two
- 2) vears from and after May 1, 1972, and shall be M'WE-E (for additional incremental periods of two
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7 (2) years for maximum period of ten (10) years, unless written notice of non-renewal is given by either party to the other not e
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Bore than nine j [ nor ICSS than six 1// months before tho' incept.
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of an incremental extension period.
l THE' TOLEDO EDISON COMPANY
.I By i.-
Vice President l
.f Attest:
i Secretary THE CITY OF BOWLING GREEN, OHIO By_
Board of Public Ut411 ties Appro ed by Council of the Cit Bowling Green, Ohio, O
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e Mayor Clerk s
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EXIIIBIT "A"
. Schedule of Rates and Related Terms and Condition Applicable to Agrcement Between City of Bowling Greca, Ohio 4
and m.
The Toledo Edison Company C
9] OEC 81975 >t 12 on a s. w o w eur.ess /
n n, as NET RATE (Two Parts) :
W (1)
A combined capacity and energy charge, per month:
First 30,000 KVA of Monthl Demand, per KVA...........y Billing 3~~' '
........................ $h4 0-All XVA over 30,000 of Monthl Demand, per KVA..............y Billing
- 1. # '
.....................$2r-9&
Each KVA of Monthly Bill'ing Demand includes 200 KFd Plus:
(2)
An energy charge, per month:
First 200 KFd per KVA of Monthly Billing Demand is included in the combined capacity and energy charge.
Next 100 KFd per KVA of Monthl Demand, per KIIH............... y Billing
" 7'
......... $. O J' C h Excess over 300 KWd per KVA of Monthl Billing Demand, per K7d.............. y
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FOSSIL FUEL COST ADJUSTMENT:
The charges for all kilowatt-hours of energy suppli$d in the period covered by any bill shall be increased or decreased by a fossil fuel adjustment charge or credit, computed as follows:
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If the cost per million British thermal units (Stu) of fossil fuel is greater or less than 38.04, the charge or credit shall be $.000010 per kilowatt-hour for each.lg per million Stu increase above or decrease below 38.04 per million Stu times the ratio which energy generated from fossil fuel sources bears to the total energy input to the transmission and distribution system of the company.
For the purposes hereof, the cost per million Stu's of fossil fuel shall be determined as follows:
To the weight and cost of coal on hand at the Company's generating stations on the first day of the month under consideration shall be added respectively the weight and cost of coal received during such month, and the average cost per net ton of two thousand (2000) pounds of coal so obtained shall be used as the base cost of coal for such month.
This base cost of coal (S/ ton) shall then be converted to a cost per million Stu for that month using the average heat content, in Stu/ pound, of the coal consumed during said month.
When fossil fuels other than coal are used either in whole or in part, then the cost of such other fuels for billing purposes shall be determined on the basis of the average equivalent Stu heating value of such fuels as conpared :c ccal' and the cos t of coal felivered to the Company's generating stations curing said centh.
The cost per million Btu thus determined each month shall be used for billing purposes in the succeeding month.
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e For the purposes hereof, the ratio of energy from fossil fuel to total energy shall be determined as follows:
The fossil fuel energy shall be the total energy received by the transmission and distribution system
. of the company, less all energy received from nuclear or hydro-electric genoration sources.
The total i
. energy input available to the transmission and dis-tribution of the company shall be the total energy l
received, less the energy generated by jointly-owned nuclear stations operated by the company and delivered to co-owners of such stations under the terms of the joint-ownership agreements covering the operation of
'such stations.
The ratio to be applied to the fossil fuel cost adjustment shall be the quotient of the total fossil fuel energy for the first 12 months of the 13 months preceding the conth in which the fuel cost adjustment is applicable to the company for the same period of time, expressed as a percentage to the nearest one-tenth of one percent, except that during i
the initial operation of the nuclear plant, no data for months prior to the first full month of operation will be included in the calculation of the ratio.
POIER FACTOR ADJUST E:iT:
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Th.e above Rate is based on the maintenance by the customer at all times during the month of a power factor not less than the power factor at the time of maximum monthly demand.
For any month when the average lagging power f actor is less than eighty-five per cent (85%) the Company shall make an additional charge of one per cent (1.0%) of the total bill for each five per cent (5%) difference between the average lagging power factor and eighty-five per cent (85%).
The average lagging pcwer factor chall be daterminad from j
the kilowat:-heurs and the lagging reactive kilovolt-ampere'-
' hours supplied to the customer during the month.
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MONTIILY BILLING DEMAND:
The customer's monthly demand shall be the highest sixty (60)
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minute integrated kilovolt-ampere demand obtained during the month.
Any leading power factor shall be considered as unity.
For billing purposes, the KVA of Monthly Billing Demand shall be the maximum coincident KVA demand that the City's system places upon the Edison Company's transmission system.
Such maximum coincident KVA demand shall be the vector sum of the reactive and power components as measured at each of the metering points.
If, in the judgment of the Edison Company, it becomes desirable to obtain such summation by means of metering equipment, the City shall be responsible for providing the necessary means of communication between the metering points.
1 The Monthly Billing Demand shall be the monthly demand but not less than sixty per cent (60%) of the highest monthly demand obtained during the last twelve (12) conths ending with the month under consideration.
In f.o event will the Monthly Billing Cemand be less than twenty-five thousand (25,000) kilevolt-amperes during the period from May 1,1972 to April 30, 1974, w thir e heucand ';;,0 0 ;, ha-I c c.4 m
-fw-MONTHLYMI$biUMCHARGE:
The net minimum charge for any month shall be the charge for two hundred (200) hours use of the Monthly Billing cemand.
TERMS OF PAYMZNT:
i The net amount billed is due and payable within a period of ten days.
If the net amount is not paid on or before the dato shcwn on the bill for pay ent of due amount, the gross amount which. is five per cent more than the net amount is due and payable.
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ORDER OF BILLING:
All charges, adjustments, et cetera shall be applied in the order in which they arc listed herein.
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y DEC 3 w75 >i EXIIIBIT "B" j
SERVICE SPECIFICATIONS cw e,% %s w C>
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A ca 1.
Date of this Exhibit May 1, 1972 2.
Name City of Bowling' Green, Ohio 3.
Address 515 E. Wooster st., Ecwling Green, Ohio 4.
Electricity supplied hereunder shall be three (3) phase, sixty (60) cycle electric energy at approximately 69,000 volts pressure.
5.
Characteristics of Service Facilities:
With the exception of the Company-owned meters and metering equipment at the locations described in paragraph 6 below, the City shall own, operate and maintain all sub-station and electrical equipment within the corporate limits of the City.
As provided in paragraph 7 of the Contract, the Edison Company shall continue to transmit power through the City-owned transmission line which is between the easterly corpor-
,g' at'e limit on U.S. Route 6 7 the/yG4terp' 7-a F
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- i. mis on #Es7 Poe Road, and the northern limit of Section 13, Plain Town-ship, i cod County, where said limit crosses the proposad 69 KV transmission line from the 3 rim Road Substation to Poe Road.
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The Ccmpany shall continue to attach its 69,000 volt transmission line to the City-owned poles on the pole '.ine which er.tends northelesterly from the western corporate limits along the B & O Railroad tracks to the Liberty Hi Road.
6.
Energy supplied hereunder shall be metered at each of the foll wing locations:
(1) the City's substation located at the 7tu./"f5 a
Building on E. Wooster St., and (2) the City's
= s " -_ 2 substation located at the intersection of W. Poe Road and Brim Rpad.
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' IN'S/4av8 The Company shall provide semi-annual maintenanc e on the four (4) 69 KV oil Circuit Breakers in the City's 69,000 volt transmission line, which the Company is granted the right to transmit electric energy at 69,000 volts.
Two (2) of these oil circuit breakers are located at the sub-station at the Utilities Building on East Wooster Street, and two (2) of these oil circuit breakers are located at the substation located on West Poe Road and Brim Road.
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7.
Electricity will be metered at 69,000 volts.
8.
Effective for electricity supplied on and af ter May 1,1972.
9.
Contract demand:
25,000 KVA May 1,1972 to April 30, 1974, and
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J.c~ta4ter.
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10.
Addenda:
Electric energy may be supplied at such o'ther point or points and at such other voltages as may hereinaf ter be mutually agreed upon.
Ucwever, the Company agrees that the voltage supplied to the City under normal conditions snall not vary by more than Si plus or 5% minus, from the nominal voltage stated herein.
IN WITNESS WHEP. EOF, the parties hereto have caused this Exhibit "B" to be executed in their names and their seals hereunto affixed and attested by, respectively, their duly aathorized officers.
ATTEST:
CITY OF BOWLING GREEN, OHIO Chairman of the Board of Public Utilities ATTEST:
THE TOLEDO EDISON COMPANY By Secretary Vice Presicenc O
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OFFICd MEMORAb{D_RC STAFF UM
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A r11 a.41 P
NFCl. EAR REGULATORY CO I..\\hibit N,o, 337 To:
Mr. J. P. Williacson Adcu.tted Subj ect: Meeting with Sowling Green Offdiejttted Re Proposed Contrac:
Our meeting on Monday, April 17, with Eculing Green city officials was at their request and was essentially their reply to our proposal for a new contract which would involve a 15.0% rate increase.
They told us they would like to have deleted a clause which was carried forward from the for:er contract providing protection against raiding custo=ces in either direction. They also said that the Utility 3:ard had been in-formed of our proposal and considered it excessive. They said : hey could not possibly consider an increase greater than about 11.8%, and they had prepared a rate which they said produced this increase.
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reiterated our previcus explanation that the rate was essentially equi-valent to our rate PV-43 applicable to industrial custo=ers of si=ilar size and that it provided a very codest rste of return compared to the maximu= which we night ask.
We told them we could not entertain,a proposal which providad a favorable differential to them as ec= pared to the industrial custe:ers regulated by PUCO.
They also told us that they had been active in the for=ation of a new corporation kncwn as AMP-Chio. This stands for Association of Municipal Powe. They :old us that this organi:stion nad been incorporated in the st'ste, had re:sined legal counsel, and that a similar organi:ation would be fo'r:ed in Michigan and Indians. They said 1:s purpose was to work cooperr.tively with the A=erican Electric Power Cc=pany in develop-ing an organi:a: ion :o provide low-cos power for =unicipalities and :o make possible econceic in:erchange of power between the various munici-pally cuned generating stations. They cited as one of the advantages-gaining the abili:y to it,cor: surplus, low-cost power from the Ohio P.1ver Valley and also their pt,per share of power free: :he New York ?cuer Authori:y. They are plar.ning to participate in a tri-state meeting on Wednesday in Fort Wayne to explore this develop =ent further.
They stated that Mr. Uillia: Lewis was providing consulting engineering service.
You vill recal'. : hat Mr. Lc'.is is haad of the fir: :ha: i as b een advising :he Nagoleon au:hori:1es.
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NRC STAFF Nt'Cl. EAR REGULATORY COMMISSION Esinbit No.
23f Admitted
'Rje ected 4
p Jdnuary 8, 1972 gx g
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DEC a 1975 > d2 c*= 1.r L'::
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Mr. Philin Ardery, Attorney Brew., Todd & Hoyourn
' Citi:cn: Pls:s - ICth Floor Icuisville, Ky. 40202
Dear Phil:
Enclosed is the effsdavit covering the AD C dic-cussions uith Toledo Edison.
Cordially, j
Powers Luso, Exec. Pyr.
1 A?lP.O PL/wl enc.
cc!
J. Engle' R. Hillvig [
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v AMERICAN MUNICIPAL POWER-OHIO, INC.
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Nl Cl. EAR REGULATORY COMMISSIOPP=-
e Exhibit No.
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Pt (41.) 342 40 3 I73'CR/.!!TC! Q' /*T-CCC, Cr.C., 1772 FC.T.R I tTPLY !T.:CCIATIC. : '. 1':*. I
'?t.4..N.:. I"r" CCIT**.'Y On or abet:t irril 10, 1912, Kcocrt H111vic, 7 ~. D Crx-incer of l'tilitic for the Bowling Green, t.hio, hnti -J. n'
',r-ten, hc.d a cen>cer.atien with 'r. T.cyc " ren o' %3erto...".o~1 cmnv mmrtitrv-t he nia,n or /rerj e3n Fun 8.cinal e::.ce O.lo,
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~.:,.ed 11, ci r- ::w?%t';. :r. "or:rt re-que:ted. cu':?:-
u".th :.* ? ': aff!.c':a:.*n *hl: x m t't-a :ir n ne: r. "ill'A n er; reed to '.r
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- to b7 for the m.--o :o e' ci vteva t'ol.edo Tdice,.an e r;crtamitv tn lenrv' about tne r.tatus cf N% an:. !. ::. ;~.s::.1b'.Li':i:n !::. 1:e. ~>1::u~.b : a. '"*.;.,da.'d!.:.r.4.
TI e reetin,t.m huld :. : 11:00 a.:t.
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- tr.s nor v.es and its ecol. ce r.ce eirm a arrange: tr.t for its re-2:ce ystnas.
better traer rimly Er. Hillvi-th :n reinted cut th.st t hile MM d'A,JP..nt *.a:
w.' :n to eny power c:- ly ::urcec that set.:1d re utre theelinr: 1y 1:1 < -;,:. :!J x,
- Mced to have cuch ::u rlle: in LM fairly near future end th:t. t i et.c.e. '
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nre to de-velo, w t al I s,ent ".eledo.'.dicen to tW..v f: ?!T ~ - er t :.rcr mmicip:Is in tho !clodo discn are.2.
lir, Hill'da then ackrA t.Settre *.'oledo :dicen t <:uld 1c stillin: to theel for U 2-C in case.;! r ucre to -ur.:h: ice h:1!: nc.-cr er to ce icrate 'm its c n'.
': hey declired to i re rny irr rdinto onster other then to eny that Tcledo Odicen vns very dic. ;L! #*ed trit 1 !?m dy clire arra:y-rent they h.ad with Oucheje for *b.ecl-ing Lue':typu::crdinal 9ctice to thr:
co-c" tutt.tatiens ir. 59 L:l ed; dir.cn cree..
I r. Ecran re9:ceted that t: cy be c:r-lied tith ce-ics of !.:?-C's.*.rticle:: of Ince perstl n a..d L'y *wr. : and T.r. I.cco a reed to n : ply these.
I'.r. !!.111ui ; then enhed t.'c '.*c1cdo Cdicen renrecentativec *:t' r t' cy t *.:1d be
.dlline to r c:> :1:e J 1 -4: as tSc pu chenian em.- t to h:y m;er ur.dcr one ec.-
tract fer all of ' cL:da J.dicen's ;:r: cent r.:nici ci cur:tcr. crc.
L'h then dise"c :ed the ric ::1121e cdtantere that r.1-ht acen:e to both oledo Ed.
ison end.. * --, u:-der uc's an arran :c. tent.
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!*r. !' ran.n :*r. Jehr.:en c: orrr.d all e.r : tirn: 1r/ rwinn t'*st the ht the f e
could do s.ocid !vi to cee shat t'a :'oledo :.df.sen pcsition wald to r.nd then lot i
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loh 1 r. chem the di:cu: len tr.: crx.t'.r.ued e.nr! the.n adjourned..! nut 2:00 p.:'.
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'.ol.Yo..c'in n addn : 4 a letter (7-3-72) to ::r Luce.w! ::r.1!111 '.-
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N. t Cl. EAR REGDLATOR
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.t Exhibit No.
/Er.J.Rher: Pillwig Aden.tted -
e..
r:vli:3 Gea::. D::.1:17:1 Utilitica dyected rf['T 515 * :. Jt L*::.*:c: 3::ce:
I c v 11c 3.C ra o n. tra t o 42102 c -
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Centia:an:
In oe: raatin; of. fuse 2. you indicated that et thic ti e cunicipalitica ui:hin your o: pnt:a tc.t did net h:ve ccess to elce::1 cal power sources that vould bc..v:ilable for delivery by Toledo Edison throesh any whccling c;;ac: ant.
1*:vever, you did indicate that the Chio =unicip:11:.ies which pu 6 7. e p v : fre2 Tole /o Elisen for resale =i;ht have secc interest in a cir.sle '.holc::le p:v:: c.::.::se: which.muld ccv.:: all Toledo Edison deliver-ics O all n.aicip.litics ra:silin; pc rer, such a wholesale ycver contract to include te:h pcvar an1 vheeling costs.
Since : hat ti:2, we h:te beca reviewin; ser. :atioit and t:cac=innion"costi dats as veil na the ics.1 characteristier., both c.ina,1y and cc bined, of our
=ualeist.h w.. ale cuit:.::s.
L'u
.stw!!cs indtrate that our cunicipal ch::lenale usera continue a hwe 1 ad char:c: eristics which are essentially cc parable vi:h cut indu:::isi ::.s: d'uers in the same size range.
'n'e also fird :h: th2 disp:.'rity ia ::iza tet ween our 1s ;est whoicsale custecc, the City of hvlin; Gresa, and tha sc. tile: ::aicipali:ics is cuch a: to take an c.:;ui:251: :2:e :pplyin; cc both lar y and s.:11 :.unicipal custo c:s ecs:
diffleul: :: devire.
Dis::it:. ioa at varyin vol a;e levels and variatiens in t:::sfc.:: ::1 eth:: eTrip ent n.r.e: ship also creace probie:a ir. d.:.-
vel.;ir.;.r.: ~;ui:.i:le...ns ci c:.: d htribution.
For thew ressons, it d:cs net :::.: :he.: th<: devel:::::tr ot t ::ingic wholesale cent. ::: vould be beneficial :o ci:her T,aledo T.ltann or
- s wholcsr.Lc cunteipst custencen.
I.*e shall be h.:p;f to : et with yau.ip n!n if you vi::h to diucuas this =attor in c c:::: :nt.it c: v:9. t:..v. M. n ne/ cther ::91ble atenues of ec0pera-cie.. ;c u w. ;he Tal:.I.: ; d. n a (;; ; ;...
- n:i.n: rr.ber; cf your ::,anizacica.
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" J TutECO September 17, 1975 e E D : S C ?.!
s Ic g
2~
5 DEC g 1975 >
Mr. Robert Hillwig 3
City of Bowling Green o 19'.T [f
&nicipal Utilities g
7 515 East Wooster Street A.
Bowling Green, Ohio 43402 w
Deat Nr. Hillvig:
Today, The. Toledo Edison Company filed with the Federal Power Cce:sission for permission to,evise its F.P.C. Electric Tariff, Criginal Volume No. 1.
This filing would result in a modest increase to Municipal Resale Rate -
Large.
The terms of the increase are in conformance with the agree =ent which was reached at cur teeting with you in Toledo on August 27, 1975.
As agreed, the proposed new rates have been transmitted to Mr. Janjai Chayavadhanangkur and by phone conversation on Septe=ber 15, 1975, he indicated his apprcc11.
The rules of c a Federal Power Cc= mission require that a copy of this filing be sent to you.
if you have any questions concerning it, please contact your Coppany service representative.
Very truly yours, VAdd~ k sd d t
Wintas E. Huependecs{r, P.E.
Rate Director WEH:rs enc 1:
.N..RC ST FF Nt'CI. EAR REGULATORY COMMISSION E hibit No.
Mi 3
8-
. Admitted Rejected
(