ML19329C741
| ML19329C741 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 08/26/1974 |
| From: | Reynolds W CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002190859 | |
| Download: ML19329C741 (14) | |
Text
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August 26, 1974 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Ator.ic Safe _ty_and Licensing Board In the Matter of
)
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THE TOLEDO EDISON COMPANY and
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THE CLEVELAND ELECTRIC ILLUMINATING
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COMPANY
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(Davis-Besse Nuclear Power Station,
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Docket Nos./50-34' Unit 1)
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> -440A
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50-441A THE CLEVELAND ELECTRIC ILLUMINATING
)
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(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
APPLICANTS' INITIAL INTERROGATORIES AND REQUEST FOR DOCUMENTS FOR AMERICAN MUNICIPAL POWER-OHIO, INC.
Applicants propound the attached Initial Interroga-tories and Request for Documents to American Municipal Power-Ohio, Inc., with the request that the interrogatories be 4
answered under oath and the documents requested be produced, both to be conpleted on or before the 31st day of October, 1974.
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SHAW, PITTMAN, POTTS & TROWBRIDGE l
Mk By:
M.
n-Wm. Eradford Reynolde Gerald Charnoff Counsel for Applicants 8002190 }s 7 ur(4 t' s
...=-.
j e
APPLICANTS' INITIAL INTERFOGATORIES AND REQUEST FOR DOCUMENTS FOR l
AMERICAN MUNICIPAL POWER-OHIO, INC.
I e
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DEFINITIONS l
As used herein the following terms and abbreviations are, unless otherwise specifically indicated, intended to have the following meanings:
i (a)
" AMP-Ohio" refers to American Municipal Power-1 Ohio, Inc.
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(b)
"CCCT" refers to Combined CAPCO Company Terri-I
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tories, which is the area bounded by the outer perimeters of the respective geographic service areas of the five CAPCO members.
4 (c)
"CEI" refers to The Cleveland Electric Illumi-L nating Company, one of the joint applicants for licenses to i
construct the Davis-Besse and Perry nuclear facilities.
(d)
" City" refers to the City of Cleveland, and each 4
and every department, agency, and other division or subdivision thereof, including Municipal Electric Light and Power.
(e)
" Describe," when used herein with reference to any document, means to identify the type of document, state when, and by whcm, it was prepared, recorded or written, and set forth the substance of the contents thereof.
Whenever a request is made herein to describe a document, a true copy of I
said document may be produced in lieu of the requested des-1 cription.
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... _ _ _. -.... _ ~....., -.,,. - - _,., _,
j l (f)
" Document" refers to memoranda, correspondence (including notes and reports of telephone conversations and conferences), recordings, minutes, transcripts, contracts, agreements, books and booklets, pamphlets, circulars, bulletins, catalogs, lists, periodicals and articles therefrom, newspapers and magazines and articles therefrom, letters, telegrams, mes-sages, reports, compilations, tabulations, studies, comparisons, analyses, notes, invoices, vouchers, purchase orders, pictures, charts, maps, surveys, graphs, electrical or geographic diagrams (including those known in the industry as "one line diagrams"),
statistical compilations, questionnaires, and all other writings of any kind or nature whatsoever.
(g)
" Electric entity" refers to any ccamercial firm, cooperative, severnmental unit or similar organization that generates, transmits or distributes electric power, whether or not it is located within the area of CCCT.
(h)
" Identify," when used herein with reference to any person, corporation, association, cooperative or other entity, means to state the name and current address of said person, corporation or other organization, and, if the current address is unknown, to provide the last known address.
(1)
"PASNY" refers to the Pcwer Authority cf the State of New York, which is responsible for the sale to neigh-boring states of that portion of power generated at the Niagare Po'ver Project which has been allocated to distribution outside of the State of New York.
. (j )
"PENELEC" refers to the Pennsylvania Electric Company, a Pennsylvania corporation, the transmission facili-ties of which interconnect with CEI at the PEI;ELEC East-West transmission station.
- 1 II.
INITIAL INTERROGATORIES AND REQUEST FOR DOCUMENTS l.
Explain by what method AMP-Ohio was originally formed, by whom and for whose benefit the corporation was organised, when said formation occurred, and the purpose or purposes for the formation of AMP-Ohio.
Furnish copies of all docitments pertaining to (a) the consideration and nego-t tiations leading to AMP-Ohio's formation, (b) the actual formation itself, and (c) the purpose or purposes for said 1
formation.
2.
Identify all members of AMP-Ohio from the date of formation to present, state the date of membership and, if appropriate, the date of termination of membership as to each 1
such member, and describe the geographic territory currently f
being served by electricity by each such member.
4 3
State whether AMP-Ohio is directly or indirectly affiliated or otherwise associated with any other organization, t
group, association or entity.
If so, provide the names (s) and address (es) of each such organisation, group, association or f
entity, describe the nature of the affiliation or other asso-ciation (whether by contract or otherwise), and state the date when such affiliation or other association commenced.
Furnish copies of all documents relating to such an affiliation or i
other association.
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State whether AMP-Ohio now has under consid-eration any plans to affiliate or otherwise associate with any other organization, group, association or entity.
If so, identify by name and address each such organization, group, l
l association or entity and describe fully the nature of the arrangement under consideration.
Furnish copies of all doc-uments relating to such a prospective affiliation or other I
association.
5 State the number of employees AMP-Ohio currently has in its employ, and identify each person since the formation of AMP-Ohio in charge of activities relating to the planning for or financing of construction of transmission or generating facilities of AMP-Ohio or any of its members.
6.
State whether AMP-Ohio, or any person, consultant, organization or other entity retained by AMP-Ohio has conducted any studies or investigations which consider or relate to (a) the construction by AMP-Ohio of generating facilities to te owned or leased to AMP-Ohio members or any of them, (b) the construction of AMP-Ohio of electrical transmission facilities within the CCCT, or (c) the interconnection of transmission fa-cilities of AMP-Ohio, or of any of its members, with transmission facilities of other electrical utilities.
If so, identify each l
l such retained person, consultant, organization or other entity, l
1 describe the study or investigation with which he or it was as-l sociated, and furnish copies of all documents relating to each study or investigation, i
_- _ 7 Identify each person, consultant, organization or other entity retained by AMP-Ohio to render service or advice of any kind with respect to financing the construction work, or potential construction work, and the interconnection activities which are referred to in response to Interrogatory No. 6, and describe fully the nature of such service or advice each such person, consultant, organization or other entity rendered, identifying the project or activity to which it per-tained.
Furnish copies of all documents relating to any such financing service or advice so provided.
8.
Explain the basis for AMP-Ohio's decision to file an application with PASNY for a portion of the power from the Niagara Power Project which is reserved for out-of-state dis-tribution.
Such explanation should include, but not be limited to, the identity of any member or members of AMP-Ohio who in-fluenced, or in any way participated in, AMP-Ohio's decision, and the nature of such member's involvement therein.
Furnish copies of all documents relating to AMP-Chio's decision to apply for PASNY power, including all correspondence or memoranda ex-changed with the City of Cleveland or any other member of AMP-Chio.
9 Furnish a copy of AMP-Chio's application for PASNY power, together with copies of all documents relating to said application and to the efforts of AMP-Ohio after filing its ap-plicaticn to secure or obtain PASNY power.
. 10.
Describe the nature and extent of AMP-Ohio's authorization, if any, from the State of Ohio to act as bar-gaining agent to secure and obtain PASUY power from New York.
I Furnish copies of all documents (including correspondence with any employees or officials of the State of Ohio) which relate to a request for such State authorisation and any response thereto.
11.
Explain fully AMP-Ohio's efforts to secure access to transmission facilities for the purpose of delivering PASHY power from the Niagara Power Project to the City of Cleveland, including, but not limited to, the name of each electric utility requested to transmit the PASUY power, that utility's response to such a request and the reason therefor, and the present status of negotiations with each such electric utility.
Furnish copies of all documents relating to tl> aforesaid effort by AMP-Ohio.
12.
Furnish copies of all documents relating to, or bearing on, any discussions, negotiations, agreements or other dealings which AMP-Chio has ever had with any person, corpora-tion, association, consultant, member or non-member municipality, or any other entity whatsoever regarding (a) the purchase and distribution of PASNY power, and (b) the purchase and distri-bution of power from any other source.
13 Explain fully how AMP-Chio plans to finance the purchase of PASNY power and the transnission of that power from
' the Niagara Power Project to the City of Cleveland.
Furnish
. copies of all studies and reports relating to the matter of financing the PASNY power transaction.
14.
Furnish copies of each annual financial state-ment of AMP-Ohio for the years 1972 to date.
15 State when PASNY sold to Allegheney Electric Cooperative, Inc., the Niagara Power Project power sought by AMP-Ohio.
Furnish copies of all documents relating to said sale and the notification to AMP-Chio thereof.
16.
Describe fully any conversations, discussions and/or negotiations AMP-Ohio has had with Allegheny Electric Cooperative, Inc., concerning Allegheny's purchase of PASNY power, including, but not limited to, any arrangements or agreements A?"P-Ohio has entered into, or is about to enter into, with Allegheny to obtain said power now or sometime in the future.
Furnish copies of all documents relating to any such conversations, discussions or negotiations with Allegheny Electric Cooperative, Inc.
17 Explain fully, and state the basis for, the state-ment in AMP-Ohio's Supplement to its Intervention Petition, at page 2, to the effect that " AMP-Chio is potentially threatened with irreparable harm to its interests by virtue of the Perry license and the refusal to wheel PASNY power" as follows:
"1.
Transmission facilities that would be otherwise available for wheeling PASNY power would be loaded to their capacity by generation from the Perry plants during nonnal conditions."
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- 18.
With reference to Interrogatory No. 17, identify each ans evert study or investigation undertaken by AMP-Ohio, or by anj person, consultant, organization or other entity retained by AMP-Ohio, which supports the quoted statements in said Interrogatory, name the person (s) or entity conducting such study or investigation, and furnish copies of all docu-ments relating to any such study or investigation.
19 Explain fully, and state the basis for, the state-ment in AMP-Ohio's Supplement to its Intervention Petition, at page 2, to the effect that " AMP-Chio is potentially threatened with irreparable harm to its interests by virtue of the Perry license and the refusal to wheel PASNY power" as follows:
"2.
The loss of the Perry plants would cause a disruption in the pattern of power flows resulting in the overload of facilities handling the PASNY deliveries."
20.
W.'th refer 6nce to Interroga',ory No. 19, identify each and every study or investigation undertaken by AMP-Chio, or by any person, consultant, organization or other entity retained by AMP-Ohio, which supports the quoted statements in said Interrogatory, name the person (s) or entity conducting such study or investigation, and furnish copies of all documents relating to any such study or investigation.
21.
Explain fully, and state the basis for, the state-ment in AMP-Ohio's Supplement to its Intervention Petition, at page 2, to the effect that " AMP-Ohio is potentially threatened
. with irreparable harm to its interests by virtue of the Ferry license and the refusal to wheel PASNY power" as follows:
"3 Transient peak instability would occur on wheeling facilities fol-lowing a system fault with the Perry plant in service that could lead to the interruption of PASNY power."
22.
With reference to Interrogatory No. 21, identify each and every study or investigation undertaken by AMP-Ohio, or by any person, consultant, organisation or other entity retained by AMP-Ohio which supports the quoted statements in said Interrogatory, name the person (s) or entity conducting such study or investigation, and furnish copies of all docu-ments relating to any such study or investigation.
23 Describe in detail the specific " interests" of AMP-Ohio which AMP-Ohio asserts are "potentially threatened with irreparable hara.
. by virtue of the Perry license and the refusal to wheel PASNY power," and explain the nature of the " harm" that said " interests" potentially will suffer, in-dicating specifically why such " harm" will be " irreparable."
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 ILLUMINATIIIG
)
COMPANY
)
(Davis-Besse Nuclear Power Station,
)
Docket Mos. 50-346A Unit 1)
)
50-440A
)
50-441A THE CLEVELAND ELECTRIC ILLUMINATING
)
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing
" Applicants' Initial Interrogatories And Request For Documents For American Municipal Power-Ohio, Inc." were served upon each of the persons listed on the attached Service List by U. S.
Mail, postage prepaid, on this 26th day of August, 1974.
SHAW, PITTMAN, POTTS & TROWBRIDGE By:
M.
- M-dd Q Wm. Bradford'Reynolds Counsel for Applicants Dated
August 26, 1974.
UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION
'In the Matter of
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THE TOLEDO EDISCN COMPANY and )
THE CLEVELAND ELECTRIC
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ILLUMINATING COMPANY
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(Davis-Besse Nuclear Power
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Docket Nos. 50-346A Station, Unit 1)
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'50-440A
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50-441A THE CLEVELAND ELECTRIC
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ILLUMINATING COMPANY
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(Perry Nuclear Power Plant,
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Units 1 and 2)
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SERVICE LIST l
John B. Farmakides, Esq.
Mr. Chase R.
Stephens Chairman i
Docketing & Service Section i
Atomic Safety and Licensing Doard U. S. Atomic Energy Commission j
U. S. Atomic Energy Commission 1717 H Street, NW i
Washington, D. C.
20545 Washington, D.
C.
20545 j
John H. Brebbia, Esq.
Benjamin 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 Commission Washington, D. C.
20006 Washington, D.
C.
20545 Dr. George R. Hall Robert J. Verdisco, Esq.
Atomic Safety and Licensing Board Office of General Counsel U. S. Atomic Energy Commissica Regulation Washington, D. C.
20545 U. S. Atomic Energy Commission Washington, C.
C.
2054'S Atomic Safety and Licensing Board Panel Andrew F. Popper, Esq.
U. S. Atomic Energy Ccmmission Office of General Counsel Washington, D. C.
20545 Regulation U. S. Atomic Energy Commission Washington, D.
C.
20545
Joseph J. Saunders, Esq.
John R.
White, Esq.
Steven Charno, Esq.
Executive Vice President Antitrust Division Ohio Edison Company Department of Justice 47 North Main Street Washington, D. C.
20530 Akron, Ohio 44308 Reuben Goldberg, Esq.
Thomas J. Munsch, Esq.
David C. Hjelmfelt, Esq.
General Attorney 1700 Pennsylvania Avenue, N. W.
Duquesne Light Company Washington, D. C.
20006 435 Sixth Avenue Pittsburgh, Pennsylvania 15219 Frank R. Clokey, Esq.
Special Assistant John Lansdale, Esq.
Attorney General Cox, Langford & Brown Room 219 21 Dupont Circle, N. W.
Towne House Apartments Washington, D.C.
20036 Harrisburg, Pennsylvania 17105 Wallace L. Duncan, Esq.
Mr. Raymond Kudukis Jon T.
Brown, Esq.
Director of Utilities Duncan, Brown & Palmer City of Cleveland 1700 Pennsylvania Avenue, N. W.
1201 Lakeside Avenue Washington, D. C.
20006 Cleveland, Ohio 44114 C.
Raymond Marvin, Esq.
Herbert F. Whiting, Director Assistant Attorney General Robert D. Hart, Esq.
Chief, Antitrust Section Department of Law 8 East Long Street 1201 Lakeside Avenue Columbus, Ohio 43215 Cleveland, Ohio 44114 Deborah M. Powell, Esq.
John C. Engle, President
. Assistant Attorney General AMP-0, Inc.
Antitrust Section Municipal Building 8 East Long Street 20 High Street Suite 510 Hamilton, Ohio 45012 Columbus, Ohio 43215 Donald H. Hauser, Esq.
Christopher R. Schraff, Esq.
Managing Attorney Assistant Attorney General The Cleveland Electric Environmental Law Section Illuminating Company' Eighth Floor 55 Public Square 361 East Broad Street Cleveland, Ohio 44101 Columbus, Ohio 43215 Leslie Henry, Esq.
Fuller, Henry, Hodge.& Snyder 300 Madison Avenue Toledo, Ohio 43604 O