ML19331A141

Forwards App H in Response to DOJ 730212 Request for Admissions & Interrogatories Re 730212 Proposed Contentions. Pages 2 of App E Inadvertently Omitted from Request as Originally Served Also Encl

ML19331A141
Person / Time
Site:	Midland
Issue date:	03/26/1973
From:	Kauper T, Leckie D JUSTICE, DEPT. OF
To:	Ross W WALD, HARKRADER & ROSS
References
60-415-20, NUDOCS 8006110560
Download: ML19331A141 (5)

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- UNITED STATES DEPAltTMENT OF JUSTICE W ASillNGTON, D.C. 00 ~ 3t>

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' TEK:JJS :',C3 i 60-415-20 Uillina Warfield Ross , Esquire Unid,liarkrader & Rcss :i .W.

j 1320 :iinuteenth Scrcet, Washingcca , 2. C. 20036 l CO". SUM:RS ?O*TFR CO:FANY Ec:

Midland 21cnc Ungi '

l nd 2AEC Decitet Noa. v6-219A and 50-330A

Dear Mr. Ross:

We now supply Appendix H to the Department's Request for Adctissicas and Interra..;ctorics as to Preposed Contentions ,

l Also enclosed is page 2 of Appendix E, dated February l?,1973. lly

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i which was inadvertently omitted from the Request as orig na cerved, 3

Sincerely yours, i

THO:!AS E. KAUEER Assistanc attorney General

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l THIS DOCUMENT CONTAINS y ,. y. .,.-<- .

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s By: Dcvid A. Lechte Attorney l

g Departmant of Justice e

Enclosures .- O .

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cc: All persons on service list A

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• h h*.* APPENDIX H dlC23131 Ip -

I RUIES GOVE.T;E;'; TE EXTENSION OF SU;GLF. AND T!!*EE-fF.ASE Ct3I s i'.

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EU.'CTRIO SEir' ICE r; Ap2AS SEh'.*ED Fi ':%'O CR ."0RE TILITIES

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l. Thesa :M ,'] L-f ru!.es are applicable to all sirgle-pt.ase custcx:ers and to .

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three-phase custo:.cre with connected loads of 75 Kva' or less with [.t' ". _ .

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the exception of Rules No. 3 and No. 8 pertaining to existir4 cus- i tociers and a utility first serving.

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2. For the purpose of these rules:

(a) the word " utility" shall include both a private utility and a rural electric cooperative;

. (b) the tem " distribution facilities" shall include both single-phase and three-phase facilities and shall not include service drops; (c) " distances" shall be detemined by direct merisurement free the closest point of a utility's existing distribution facilities to the customer's ceter location for individual customers, or in the case of subdivisions, the subdivicion boundary, and shall not be detemined by the circuit feet involved in any extension; (d) the word "custoscr" shall ccan the buildings and facilitics served; -

(c) a " subdivision" shall =can a plotted piece of land that meets the definition of a subdivision as contained in the Subdivision Control Act, hblic Act 255 of 1057, and shall include only the initial subdivision being develcped cod not future develeprents or extensions thereof;  !

(f) the tem ":ennected Ic T f:r de .=ining the application of there rules to three-phas<.

.t :rvie- shall be the sua total Kva ~

rating of all three-phase ecpipmen. to be initially connected to the thr<e-phace certice. .'

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RULEG GOVER'iri7 T!E EXTE'iOION OF SIT.LE AND TIGEE .m.iASE

. ELECTRTr' SEc.'IE I!* API.AS SET /ED Ir/ WO OR MORE LTLITIES (contd) t i.

Existind custocers shall not transfer frem one utility to another.

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! Prospective custocers or subdivisions located within 300 feet of the distribution facilities of two or core utilities shall have the service of their choice.

5.

Prospective custccers or subdivisions located at a distance graat er than 300 feet and within 2,640 feet from the distribution facilities of two or c: ore utilities shall be served by the closest utility.

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Prospective custo crs or subdivisions located more than 2,640 feet from the distribution facilities of ary utility shall have the ser- .

vice of their choice subject to the provisions of Rule No.% 7

.7.

The extension of single or three-phase distribution facilities, ex-cept as provided in Rules No. 4 and No. 5, where such extension will be located within one tile of another utility's distribution facili-ties, shall not be made by a utility without first giving the Com-mission and cny affected '.:tility 10 days' notice of its intentien Ly filin. s r.sp shwirs the location of the proposed new distribu-tion ineilitics, the location of the prcspective custccers or cub-divisions and the location of the facilities of any other utility in the aren. If no objections to the proposed extensicn of si::gle or three-;hase distribution facilities are received within the afore-said 10-day notice period by the Cc==ission, the utility =ay proceed to constr :ct r, aid facilities. -

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' RtTLES GOVE.UEiG TE EXTEI;3 ION OF SE;GLE AND Th*REE-P".ASE ELECTRI SEWICE El AEEAS SEEED Ff L'O OR MORE UTTLITIES (Contd)

'/ 8. The first ut'ility serving a custccer or subdivision in accordance i

with these rules shall be entitled to serve the entire electric

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7 load on the premises of that custecer or subdivision even thou6h another utility is closer to a portion of the customer's load or the subdivision.

9 A utility s;f valve its rights to serve a custo=cr or group of cus-tomers provided that another utility is willirg and able to provide the required service and the Co==ission is notified and has no ob-jections.

20. Nothirg in the:e rules shall prohibit a utility or a custe=er from app 1;/inr. .; the Ccr::11ssion for relief free. tha opere. tion of th :c rules or pr: vent the Cr-.dssion froc grantira such relief if it finds such action to be in the public interest.

11. Nothirs contained in these rules shall be construed to circu= vent 1

the require =ents of Act 69, P.A.1929, or to authorize a utility to extend its service into a municipality then beira served by an-other utilit/ vithout eccplying with the provisi. ann of the before-nentic:.ed A:: (9.

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characteristics of design and/or of operation and/or of electricity production . . . . . " The next ite= provides for extension_

of pooling pr.ivi-leges to third parties by mutual agreement and the following item provides for making interconnections with other parties. There are also provisions for making interconn_ections -with parties whose operations are partly or wholly outside th_e State of Michi5an and for interconnections with non-utility parties who operate electric generation facilities. A very important provision is that each pa_rty wi_ll conti.nue to retain all rights, privileges, responsibilities and obligations to unilaterally engineer, design, construct, operate and maintain its own generating units and transmission facilities.

Article II covers the objectives as well as aBreement on procedures for sharing of pool reserve responsibilities. The General objective is that each party shall be responsible for reserve in kilowatts which are equal percenta6es of each party's own peak demand. To abbreviate this, it =ay be said thct each party is to be re.soon_si.bic for the same cercentc5e reserve.

In order to attain equal reserve percentages, new_.._ po..o_l..... units ar.e.shar.ed in amounts which establish said equal reserve percentages on a forecasted basis.

Provisions are made for specific _ supple u . ents to the Agreement which will cover each new pool unit. It was reco6nized that actual after the fact re-serve percenta6cs were not likely to be identical for each company because of changes in loads and certain variations in capacity availability. Therefore, I

arran6ements were =ade for a co-called " principal capacity equalization charge" to be made after each peak lead season which would distribute costs so that each party vcfd_in.,f,sst be resr>onsible foryual reserve perg.pces.

> Possibly, the implementation of this principle is the most difficult part of

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the Agreement to initially ecmprehend.

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