ML19340C323

Request for Production of Documents Directed to Applicants, Re Imposition of Territorial Restrictions,Refusal to Negotiate for Power Exchange & Coordinated Development of Base Load Generating Unit.Certificate of Svc Encl

ML19340C323
Person / Time
Site:	Summer
Issue date:	11/07/1980
From:	Brand W BRAND & HALL, CENTRAL ELECTRIC POWER COOPERATIVE, INC.
To:	NRC COMMISSION (OCM)
Shared Package
ML19340C320	List: ML19340C319 ML19340C323
References
ISSUANCES-A, NUDOCS 8011140507
Download: ML19340C323 (8)

Text

• APPENDIX A O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION  ;

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In the Matter of )

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South Carolina Electric & )

. Gas Company )

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and ) Docket No. 50-395A l

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South Carolina Public )

Service Authority- ) l (Virgil C. Summer Nuclear ) )

Station Unit No. 1) )

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PETITIONER CENTRAL ELECTRIC POWER COOPERATIVE, INC.'S REQUEST FOR PRODUCTION OF DOCUMENTS j Pursuant to Section 2.741, as will have been modified by an Order of the Commission, Applicants South Carolina Electric & Gas Company and South Carolina Public I

Service Authority are requested to produce for inspection i and copying at the Washington offices of Counsel for Peti-tioner, each document described in Part C hereto within 30 days from the date of a Commission Order authorizing this Docunent Request .

PART A: Definitions As used herein:

(1) Document" means each writing and record of every type in the possession , custody or control of Applicant,

- its officers, directors, employees, consultants or agents, including but not limited to correspondence, memoranda, reports, maps, minutes, notes, diaries, transcipts, microfilm, vouchers, telegrams and other forms of telegraphic communica-tions, mechanical or electric sound recordings, records of

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telephone communications, speeches, and all other records of

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(2) " Relating to" when used to describe a category of documents herein, means each document which comprises, reflects , discusses , underlies , comments upon, forms the basis for, analyzes or mentions in any way the subject of the request.

i (3) " Including" means " including but not limited to".

(4) The terms "and" and "or" shall be construed either disjunctively or conjunctively and the singular shall  !

i be deemed to include the plural and vice versa as necessary to bring within the scope of this document request all documents which might otherwise be construed to be outside of the scope of the request.

(5) The term " person" means any individual, associa-tion, corporation, partnership, or any form of legal entity.

(6) The term " Applicant" means South Carolina Public Service Authority (also " Santee-Cooper) or South Carolina Electric

& Gas Co.

PART B: Instructions (1) Unless otherwise indicated, the documents sought herein include those made or prepared, dated, sent or received during the period January 1, 1967 to date.

(2) If a privilege is claimed as to any document which is requested herein, please specify the privilege l 1

claimed, the document as to which that claim is made, the l

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topic discussed in the document, the basis claimed for the

pr iv ilege , and identify the document by stating

(a) The nature of the document (e.g. letter, memorandum, notes)

(b) .The date, if any, appearing on said document (c) The date when the document was prepared, received or sent (d) The title or caption of the document, if any (e) The general subject mattet of the document (f) The number of pages and their size (g) The identity of the person preparing the document (h) The identity of each person who signed or initialed the document if different from its preparer (i) The identity of the addressee l (j) The identity of each person receiving a copy l

of the document (k) The location of the document (1) The identity of the person having custody of the document PART C: Document Requests

_. 1. Each document relating to actual, possible,

considered or contemplated competition between Applicants

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for the business of one or more residential, commercial, industrial or wholesale customers.

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2. Each documect relating to actual, possible, considered or contemplated imposition of territorial restrictions or customer allocations between the Applicants, at wholesale or retail, or in the supply of power exchange i services.

3. Each document which indicates, directs, states or suggests that SCE&G, CP&L, or Duke or any com-bination of them would not or will not discuss or negotiate for coordination or power exchange unless or until the South

! Carolina Public Service Authority will have agreed to allocate service territory or customers.

4. Each document relating to each request or each i

inquiry to each of the Applicants by Central for or concerning any one or more of the following: transmission services or wheeling services or arrangements, emergency power or reserve sharing, coordinated development of a base load generating unit or purchase of a share of such unit, access to a power pooling such as the CARVA Pool or each other type

! of power exchange service or arrangement from July 9, 1973 j to date.

1 5. Each document containing notes of or otherwise relating to a meeting concerning territorial restrictions in the service area of Applicants held in the months of April through July, 1971 including June 14 and June 18, 1971.

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I 6. Each document discussing, considering or contemplating any effect on the ability of Central or Santee-Cooper to compete, if they were to obtain any sort of power exchange services.

7. Each document relating to each proposed, considered or contemplated acquisition of the electric power

facilities or business of any perr.on owning or operating such facilities or business or selling electric power in i bulk or at retail, including without limitation, proposals for leasing, lease-purchase arrangements, merger, consolida-1 tion or any other method direct or indirect which would lead to control of said enterprise by Applicant.

Respectfully submitted, ,

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By 8./;ffw,

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hMrsy / I Wallace E. Brand '

BRAND & HALL l 1523 L Street,N.W.

j Suite 300 '

Washington, D.C. 20005 i Telephone: (202) 347-7002

) Counsel for Petitioner Central Electric Power Cooperative, Inc.

l DATED: November 7, 1980 1

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I APPEND 1X B SCHEDULE OF DEPONENTS

1. A. M. Williams - SCE&G

2. C. J. Fritz - SCE&G

3. M. C. Johnson - SCE&G

4. R. D. Hazel - SCE&G ,

5. Einar Greve - Chas T. Main Consulting

6. T. C. Nichols - SCE&G 4

7. H. G. Boylston - SCE&G

8. D. R. Tomlin - SCE&G i

9. Robert Davis - Santee

10. J. B. Thomason - Santee

11. C. Westfall - R. W. Beck & Associates

12. Phil Ross - CP&L

13. Paul Colby - CP&L

13. George Styron - CP&L

14. Sherwood S. Smith - CP&L 1 15. B..B. Parker - Duke

16. John Hicks - Duke I

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CERTIFICATE OF SERVICE I, Wallace E. Brand, hereby certify that I have served a copy of the foregoing Motion of Central Electric Power Cooperative, Inc. For Permission to Conduct Limited Discovery and Petitioner Central Electric Power Cooperative, Inc.'s Request for Product ion of Documents on the persons listed below by depositing a copy thereof, postage prepaid in the United States mail this 7th day of November, 1980.

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( f, / t_ - . vt .w Wallace E. Brand Mr. W. C. Mescher, President Wallace E. Murphy, Esquire South Carolina Public Service Authority 223 N. Line Oak Drive Moncks Corner, S.C. 29461 U.S. Nuclear Regulatory Commission Office of the Secretary Attn: Docketing and Service Branch Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D.C. 20555 Joseph B. Knotts, Jr., Esquire Debevoise & Liberman 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 Mr. P. T. Allen Executive V.P. and General Mgr.

Central Electric Power Cooperative, Inc.

P.O. Box 1455 Columbia, South Carolina 29202 C. Pinckney Roberts, Esquire Dial, Jennings, Windham, Thomas &

Roberts P.O. Box 1792 '

Columbia, South Carolina 29202 Edward C. Roberts, Esquire South Carolina Electric & Gas Company P.O. Box 764 Columbia, South Carolina 29202 n.- . . . , . -

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l (Service List Continued)

Fredric D. Chanania, Esquire Counsel for NRC Staff Office of the Executise Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joseph Rutberg, Esquire Antitrust Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Jerome D. Salzman, Chief Antitrust and Indemnity Group Office of Nuclear Reactor Regulation 4 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Donald Kaplan, Esquire Robert Fabrikant, Esquire Department of Justice P.O. Box 14141 Washington, D.C. 20044 1

Nancy Luque, Esquire Department of Justice P.O. Box 14141 Washington, D.C. 20044 Hugh P. Morrison, Jr., Esquire Charles S. Leeper, Esquire Cahill, Gordon & Reindel 1990 K Street, N.W., Suite 650 Washington, D.C. 20006 i

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