ML19344F544
| ML19344F544 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 09/11/1980 |
| From: | Poirier M, Spiegel G BROWNSVILLE, TX, SPIEGEL & MCDIARMID |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-A, NUDOCS 8009150417 | |
| Download: ML19344F544 (23) | |
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4b UNITED STATES OF AMERICA 7/
C BEFORE THE 6
NUCLEAR REGULATORY COMMISSION 9
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g
S/
c)
_In the Matter of
)
)
Houston Lighting & Power Company, et al.
) Docket Nos.
4 (South Texas Project, Units 'l & 2)
)
50-498A
)
50-499A
)
Texas Utilitiac Generating Company, et al. ) Docket Nos.
(Comanche Peak Steam _ Electric Stations,
)
50-445A Units 1 & 2)
)
/50-446A BROWNSVILLE'S MOTION TO COMPEL CP&L RESPONSES L TO INTERROGATORIES The Public Utilities Board of the City of Brownsville, Texas ("Brownsville"), pursuant to S2. 740 ( f) of the Commission's Rules, respectfully requests the Atomic Safety and Licensing Board.to compel Central Power & Light Company ("CP&L"), responding for itself and its affiliated companies,1/ to provide full responses to the " Written Interrogatories and Document Reque s ts " served on CP&L on August 25, 1980, ( Attachment A); and in support thereof Brownsville states:
1/
Including but not limited to Central and South West Corporation (C&SW),
W st Texas Utilities Company, _ Public e
Service Company 'of Oklahoma, and Southwestern Electric Power Company.
8009150417 a
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. 1.
Introduction.
This motion seeks an order requiring CP&L.to answer narrowly defined Interrogatories and Document Requests ( Attachment A) seeking to elicit whe ther five identified Company of ficials have communicated with pe r-sonnel of the Brownsville Public Utilities Board of the City of Brownsville, in particular, concerning proposals by CP&L to buy or lease the PUB electric system and concerning related matters of a study evaluation of the PUB system and the financing of the 138 kv interconnection between PUB and CP&L. 1/
Information concerning such communications has only recently come to the attention of Brownsville's attorneys.
CP&L has refused to re spo nd.
(Attachment B).
CP&L has a monopoly over transmission and thereby monopoly power over bulk power transactions, as related to Brownsville.
Brownsville's attorneys believe that there are reasonable grounds for making this inquiry and expecting that this will disclose evidence that CP&L is continuing its anticompe titive activities against Brownsville and is attempting to use its monopoly power to expand its monopoly over the retail electric business within its vast service area.
If proven, 1/
Attac hment A is substantively the same as the a
Interrogatories served on CP&L on. August 25, 1980.
Interrogatories 3 and 4 have been clarified in the attached copy to show that requests as to communications with "any person" or "anyone" rela ting to takeover and other topic areas identified include "of ficials or employees of the Brownsville Navigation Distric t."
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-. r such facts would establish that the. grant of license to CP&L would " create or maintain a situation inconsistent with the
- antitrust. laws" within the meaning of $1051c) of the Atomic f
Energy. Act, requiring that CP&L's license application be denied, or conditioned so as to eliminate the circumstances inconsistent with the antitrust laws.
7 I
2.
Brownsville.
The City of Brownsville, through i
l'ts Public Utilities Board, owns and operates a generation, tansmission and distribution electric ' utility system in and j
around Brownsville, Texas, having 23,000 customer connections l
and a 1979. peak load of 113,000 kw.
Its gross energy load l
was some 4 97,000,000 kwh in 1979.
It has a single 69 kv transmission interconnection with CP&L through which it
- contractually purchases firm power to the extent of the line's capacity and serves the balance of its load: from its'own generation.
3.-
CP&L Anticompetive Activities.
Tne City's load has. been growing at a 6 % compound annual rate.
The 69 kv interconnection's capacity is insuf ficient y
L for moreithan 40,000 kw reliably at the time of l
to provide i
j summer peak although City's -needs, and CP&L's contractual i-[
obligation, call for a larger purchase.
For many years, CP&L l
has refused to' enlarge the capacity of the interconnection
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. f thus causing ' brownouts - and blackouts, inhib iting. Brownsville in competing with CP&L for new loads, and enabling CP&L to i
take a large industrial 'cus tomer from Brownsville.1/.
- Moreover, Brownsville has been subjected for many years to continuing anticompetitive actions by CP&L including refusals L
to. wheel, exclusion. from the Texas Interconnected System
(" TIS") and the ' South Texas Interconnected System ("STIS"),
buy out. ef forts, deprivation of statutory preference power (which; CP&L obtained for itself though not a preference customer), exclusion from the South Texas Project, and other ac t ions. - These actions have been to some ex tent allev iated due to the pendency of the ins tan t proceedings but -it appears that CP&L's overall anticompetitive program is continaing, l
including what appears to be a continuing objective of
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- taking the PUB system over.
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The parties have now agreed to the building of two T38 kv interconnections, but CP&L tied-in a 10-year take-or-pay purchase agreement as a condition for such agreement.
The 138 kv interconnection will not be completed un til 1981.
(CP&L FERC rate schedule No. 62, ef fective April 4, 1980).
These - interconnections, Brownsville's admissior
- into STIS and TIS, and Brownsville's f recent arrangements with CP&L to.: transmit of f-peak -interruptible. electric energ'y from Texas Power &: Light Co. are the. result of the pendency of the current proceeding.
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Central Power & Light-Co.
CP&L supplies electric' service to a 44,000-square mile area 1/ in 4 4 coun-w ties of.' South. Texas, a population of 1.3 million people, 2_/
with - a transmission. network of 2573 line-miles. ( Attachment' C).
It 'is some 200 crow-fly miles from Brownsville through CP&L to the nearest interconnection with another Texas utility (San Antonio) and some 300 miles to the nearest other Texas investor-owned utility (Houston Lighting and Power Co.').
CP&L's 1979 customers numbered 423,000 with a peak load of 2433 mw and sales of 12,720,126,000 kwh.
It is a subsidiary of C&SW ( a registered. holding company) operating in Texas, Louisiana, Oklahoma and Arkansas that served in 1979 1,300,000' customers with coincidental peak load of,'7800 mw and sales of 4 3 : billion kwh.
(Attachment D).
The C&SW electric service area encompasses 152,000 square miles 3_/ and
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-Larger - than ' the'. State of Virginia (39,800 sq.
miles) and larger than 17 of the states.
- 2_/
Larger than 15 of the states.
3/
Larger than all states but Alaska, Texas and California.
r 9
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1 million people. 1/
5.
Interrogatories in issue.
The Interrogatories (Attachment A) are narrowly defined and seek information as to whether five identified of ficials 2/ of CP&L, and C&SW have had, since July 1,1979, communications with personnel associated with the Brownsville Public Utilities Board, the City of Brownsville.exas, and the B ansville Navigation Dis tric t involving : (a) possible purchase or lease of the PUB system, ( b) system studies concerning the PUB sys tem, or (c) issuance of City. bonds for financing the 138 kv intercon-nection of the PUB and CP&L systems: and further whether any of the five identified persons have knowledge of any such communications with anyone by personnel of C&SW or its af fi-liates concerning these subject matters.
The Interrogatories 1/
Larger than 27 of the states.
2/
Mr. William Sayles, now Chairman of the Board and Chief Executive Of ficer of CP&L; Mr. Merle Borchelt,
Executive Vice President of CP&L; Mr. William Price, Vice President of CP&L; Mr. Tyler Russell, District Manager for the Valley District of CP&L ( in which Brownsville is located);
and Mr. Durwood Chalker, Chairman of the Board and Chief Executive Of ficer of Central and South West Corpora tion.
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were filed - on August 25, 1980, promptly upon the receipt by PUB attorneys of information concerning secret ccmmunications that appear. to have taken place in 1980 between Company of fi-cials and' some of ficials at, the City and PUB concerning CP&L proposals to purchase the PUB electric system.
This subject matter is largely subsumed under CP&L's continuing obligation to provide supplemental-answers to the January 1979 Interrogatories as additional information develops prior to l
l tne time of evidentiary hearing.1/
The related. subject mat-l l
ters (system study 2/ and bond financing) are matters which developed (during the last year) subsequent to CP&L 's response to. the initial Interrogatories and are factually l
c related to any take-over attempts by CP&L.
CP&L has not l
i 1/
" Corrected Initial Interrogatories and First Reques t tor Production of Documents" Section VI:
number 26(c); see id.,
Interrogatory no.
26(a).
These Initial Interrogatories were served on CP&L by Brownsville on January 5, 1979.
l
. Supplementation was reques ted. at id. page 2, paragraph 5.
The. relevant part of these ' interrogatories is attached as Attachment E.
- 2f; System studies appear to be covered by id., Section.
I VI,. numbers-25(d), 25(c), and 2 7.
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completed ' its documentary production to Brownsville and so has -a current. obligation to produce documents within most of
.the scope. of the _ new Interrogatories.
Brt 1sville has received 're af fidavit that CP&L has completed its response to the document' requests.
l 6.
Relevance of Interrogatories.
. The under-signed attorneys. believe that answers to the interrogatories will show the continuation of -CP&L's anticompetitive activities l-
_against Brownsville and a CP&L intent and plan to monopolize l
the retail electric business within the 44,000 square miles l
CP&L service area in which CP&L owns the total transmission network ( AttacNment C) by eliminating the last large com-petitive ' municipal electric system.
Without cessation of l
l CP&L anticompetitive~ activities against Brownsville and CP&L attempts 'to monopolize, the grant of CP&L's instant license application must necessarily create, maintain and enhance a
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situation inconsistent with the antitrust laws.
7.
.CP&L's Refusal to Respond.
CP&L's refusal to l
l l
respond ( Attachment 1B)L cites three patently. erroneous l
l objections:
( i): :that' factual discovery has been closed since l_
March 14,' 1980 -[but that cannot foreclose communications that P
CP&L has kept secret'and that have only come to _ light subsequent to ' tha t i da te ] ; (ii) that the subject matter (anticompetitive activities to ' take over, the municipal system -and attempts to
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monopolize )- is ' not: "in any way relevant to the issue s in
' those proceedings" (but plainly these are matters
" incons is te n t" with the antitrust laws]; and~ ( iii)' that the Interrogatories "are particularly inappropriate" in view of
' the settlement ef forts [but Brownsville PUB -is a party inter-venor and cannot. be 1 expected to settle until it knows the
' full scope of CP&L secret activities and take-over plans so as. to assure settlement conditions.which will bar CP&L for using its monopoly powers to ex tend its monopoly by anticom-pe titive. activities and -by withholding of the full bulk power and transmission arrangements to which Brownsville PUB is entitled and' which will' enable it to remain a viable com-pe titive system]'..
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- WHEREFORE, it is plain that. the information and documents ' sought are relevant to the issues in ' the proceeding,. relevant' to settlement discussions, and justified at this - late date under the circumstances, and therefore the Board should order CP&L to respond promptly.
Respectfully submitted,
George Spiegel MC Marc R.
Poirier Attorneys for the Public Utilities
~
' Board of the City of. Brownsville,
Texas Law of fices of:
SPIEGEL & MCDIAMID 2600 Virg inia Ave.,
N.W.
Washing ton, D.C.
20037 (202) 333-4500 September 11, 1980 N
6
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Attachmsnt B ISHAM, LINCOLN & BEALE COUNSELCatS AT LAW 112 0 CONN CCTICUT AW CNU C. N.W.
SuafCJAS wA$ me NG TON. 3. C. 2 00 38 fCLCPMONC 202* 4J3 9730 CMICA40 Crrect ONC F18sf NatiONA= mbA2 A e,,CAoo..w ois.Com 7087Y*SCCONO Ft osos September 8, 1980
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BY MESSENGER Marc R. Poirier, Esquire Spiegel & McDiarmid Suite 312 2600 Virginia Avenue, N.W.
Washington, D.C.
20037 Re:
Houston Lighting & Power Company, et al.
(South Texas Project, Uni t Nos. 1 aiid'T)
NRC Docket Nos. 50-498A, 50-499A, et al.
4
Dear Mare:
This is to confirm our earlier conversation in which I advised that we object, and'do not intend to respond, to Brownsville's Interrogatories and Document Requests dated August 25, 1980.
As you are well aware, 4
factual discovery in the above-captioned proceedings has been closed.since March 14, 1980.
Moreover, none of the subjects inquired into by your most recent Interrogatories is in any way relevant to the issues in these proceedings.
I also would like to record our view that these Interrogatories are particularly inappropriate..ow in view of not only the intensive efforts which the parties have been making to settle this controversy, but also the exhor-
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tations which both the Licensing and Appeal Boards have made to-encourage such settlemer.t efforts by the parties.
Such ill-timed efforts as Brownsville's August 25 Inter-rogatories can only divert efforts away from, and thereby
~ impede, the: settlement process.
V truly y ur
/
g David M.
S' hl DMS:kc cc:
All Parties
Attachm nt C From: COntral Powcr & Light Annucl R; port 1979 acts A30ut
,e Com3any O
Central Power and Light Company and the surrounding areas. The Com.
Transmission Lines supplies electric service to a 44,000-pany also supplies, at wholesale, a part 345,000 Volts-194 Stiles square mile area which reaches into 44 or all of the electric energy require-138,000 Volts-1,948 Stiles counties cf South Texas. The Company ments of seven rural electric coopera-is a subsidiary of Central and South tives and one municipal electric system.
not shown 69,000 Volts-2,181 Stiles
terconnectierrWitii West Corporation, a registered holding The territory served by the Company
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company. At the end of 1979, Central has a population of over 1.3 million.
Other Systems Power and Light Company served Principal executive o5ces are located at a District 6.5ces 422.298 customers in 215 communities-120 N. Chaparral Street, Corpus Christi,
.-A Ste m Generating Stations Texas. Telephone: (512) 881-5300.
A Hydro Generating Station 2:1 Nuclear Plant 6
m.- ro.. cus.
Under Construction M Coal Plant Under Construction
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? ttach:nnt D Cert at anc Scutn West S, stem Profile
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Centra! anc Soutn West Ccrocra-tion a puchc utiuty holding ComCany.
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cwns all cf the common s cck of four Ndk'."u".
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.i x 3,43 cperating subs:ctanes. wnicn provice e!ectnc service to a pcCuiat'on of aC-
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7 proximately 3 7 mahon pecote :n a
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w:cety-civersif;ec area Cover'ng 152 000 scuare maes Cemral Po.ser
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7 anc L;ght Comcany ccerates in soutn Q ",,
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Texas. and West Texas Utihtes Ccm.
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Cany in central anc western Texas
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Southwestern crectnc Pcwer Com-i
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M pany ccerates in northwestern Louisi-
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ana. northeastern Texas anc western
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Arkansas. ana Pubhc Service Com-Trxas tortsirs.t
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N pany of Oklahoma in eastern and
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scutnwestern Oklahoma.
i Pnncipal cities served by the Sys-
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tem companies are Corpus Chnsti.
\\s Abdene. Laredo. San Angelo.
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... =ac t Longview ana Victona in Texas. Tu!sa
..e anc Lawton in Oklahoma. Fayettevd'e m'* osa-o.o.,
ut sico in Arkansas. Shreveport and 60ssier
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City in Louisiana. and Texarkana in Arkansas and Texas i'
lI cett or wxico Central and Soutn West Se* vines.
l1 inc (wholly-owned by Central is 1
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South West Corporation) perfc,rn.s at
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cost vanous account:ng. tax. legal.
financtal electronic cata processing.
encineenno and otnee services for tne e Operating Company Headquarters b
M Ze WraW o Frincipal cenerating stations ComOantes o a.c: razm Central anc South West Fue!s. Inc.
O Centra Power and Ugnt Comcany Lj Puesic service Comcany or conoma (wnolly.Cwned by the operating com-f) swin*estern E ectnc Po*er Comcany paniest as agent for its owners is re-U *"
" " *"Y sconsibie for certain of the Central prweat riansmssice sys:em.-
ana Soutn West System's non-138 000 to 345 000 vous petrc!eum fue! activit.es e9 0n0 to 138 000 vots
--* Leased from etne s
~ Pnnocal c'e conr ec:>ons n
Source: Central and South West Corporation Annual Report 1979 D""D
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UNITED STATES OF AMERICA AttEchm:nt E BEFORE THE NUCLEAR REGULATORY CCMMISSION i
In the Matter of Houston Lighting & Power Company
)
The City of San Antonio
)
The City of Austin
)
Docke t Nos. 50-498A Central Power & L_ght Company
)
and 50-499A (South Texas Project, Units
)
No. 1& No. 2)
)
CORRECTED INITIAL INTERROGATORIES To AND FIRST REQUEST FOR PRODUCTION OF-DOCUMENTS BY CENTRAL PCWER & LIGHT COMPANY FROM THE PUBLIL UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS Pursuant to Sections 2.740, 2.740(b) and 2.741 of the Nuclear Regulatory Ccamission's Rules of Practice under the Atomic Energy Act, the Public Utilities Board of the City of Brownsville, Texas ("Brownsville") hereby files initial interrogatories to and requests the production of documents by Central Power & Light Company ("CPSL").
I.
GENERAL INSTRUCTIONS 1.
Each interrogatory should be answered separately and fully in writing under oath or affirmation by the person (or persons) making it.
2.
Each document produced in response to this request should be referenced with the number (s) of the relevant request and subsection, if any.
Should any of the documents
' requested pursuant to this set of interrogatories and requests for document production have already been made available for Brownsville's inspection, it will be suf-ficient to note this fact and to provide the following information: (1) document production number, if any; (2)
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date, author,1 addressee'(if any), persens receiving distribu-1 tien of such'documen: crfcopies the reo f; (3). a description of the nature of the document; and (4) the particular request
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and item at ber in response to which. the document has1 pre-vicusly been produced.-
3.
Responses to interroga: cries and requests for the production of 'docu=ents 'shall be served upon the following _
persens:
RobertoC.'McDiarmid, Esquire Robert A. Jablon, Esquire Marc R.
Poirier,. Esquire Spiegel'& McDiarmid 2600 Virginia Avenue, N. W.
Washington, D.
C.
20037 4,
Deccments should be provided by CPEL as they become available, bu: in any event no later than 30 days af ter' the date of this request.
5.
Pursuant to the directive of the 3 card, -issue; at the prehearing conference en-June'21, 1973, these. interroga--
teries and _ requests for dccuments are of a continuing nature and require supplemental answers should CPEL generate or Lobtain~ further pertinent information cr'decuments between i
-)
the time its answers are filed and its dccuments produced 1
and the. time. cf ' the' evidentiary hearing.
1 4
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.4 A.
"Dccuments" mean-all writings and records of every
. type in the actual;;or constructive possession, control, er i
cus cdv of CP&L,-its directers, cfficers,-empicyees, con-
'sultants, cr agents, including?but net limit.;d to.cen:racts,
.=emoranda, correspcndence, re crts, survev.s,-tabule:icas, 4
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. (i).the'Public.Ctilisies Scard of the City of
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3rownsvil1e; (ii) any other-municipal electric system;
- (iii) any electric. cooperative or~ rural electric cooperative.
E Exclude billing and' log data.
(b')
Please produce all; documents relating to par-ficipation, actual, planned or_ potential, or establishing c
terms for any participation, tyr any electric utility listed
- in-(a) (-i) - ( iii) above ineany generation facility of which CP&L and/or an affiliated company is whole or part owner.
(c)
Please produce all documents relating to. joint par-ticipation by'CP&L and/or any affiliated company and any util-ity listed ini(a) -(i)-(iii) ~ above in' any research, study or
- project relating to the use of geothermal, biomass, or solar o
Lenergy as an. actual or potential source of electric power.
25.(a)
Please provide.all documents relating to electric service to.the Brownsville Navigation District
(" Port"), to any user of electricity located at or-in the Port, or to any industrv located-in an area; served by or certified to be s
_ served by 3rownsvilleDor its predecessors at any time since i-January;1,.1957, regardless' of whether electricity is igenerated --by a customer _- or sold to it by CP&L or Brownsville.
~
Include. allidacenents relating ~to' power _ supply to serve such users,"to: reliability of service, to terms and conditions of service, cost, benefits, or competition.
Include economic or
~other? analyses'of: actual.or. potential service.
-(b)
Please -identify all communications between of ficers
-a.
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.or' representatives of cps; and/or any affiliated company, and any'other person, i n c.3 u c..tng memaers or, or employees of, any gcverning boarfs,-city' commissions, or utility. commissions responsible' for the overall operation of the Brownsville electric. system, rel'ating to electric service to the Port, to any user'of electricity located at or in the Port, or to any industry located in an area served by, or certified to be served by, 3rownsville or its predecessors, at any time since January 1, 1957.
Please produce all documents relating to
-each such communication.
If documents produced in response to this recuest (including part (a)) fully identify a par-ticular communication, no further information is necessary with respect to that particular communication.
The scope of this request is from January 1, 1957 to.the present.
(c)
Please provide all documents relating to:
( i) advantages, disadvantages, or evaluations of ser--
vice by-CP&L to any customer or potential customer or group that is in or within 15 miles of the area served by 3rewnsville-or its predecessor; (ii) advantages, disadvantages, or evaluations of ser-vice to such customers by Brownsville or its-predecessor; (iii) any comparison of any aspect of service to such customers by CP&L and Brownsville or its predecessor.
The scope of this request is-from January 1, 1957 to - the present.
'(d)
Please identify all communications between any officer or. representative of-CP&L and/or any affiliated company to any other person, including' members of, or employees of, anv governing boards', city commissions. or utility commissions 4
'd:
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V responsible for the overall-~ operation of any1 municipally or cooperatively owned and/or operated electric utility, relatine. to anv advantac.es, disadvantac.es, evaluations or
' comparisons'of'any aspect of service of.CP&L and/or any affi-liated company and/or of service of any municipally and/or
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-cooperatively owned and/or operated utility.
Please provide
-all documents-related to.each such communication.
If docu-ments provided: in response to this request (including parts (a) and (b)) fully identify a particular communication, no-further information is necessary with respect to that par-ticular communication.
The scope of this request is from January 1,1957' to the present.
26.(a)
Please produce all documents relating to any attempt, whether actual or contemplated, by CP&L to acquire or to lease-all or part of the electric system operated by the' Public Utilities Soard of the City of 3rownsville, or its predecessors.
The scope ~of this request-is from January 1, 1957 to the present.
(b). Please produce all documents relating to any attempts, whether actua11or contemplated, by CP&L and/or any affiliated company to acquire or to lease, either in whole or in part, the electric facilities of any municipally or
~
cooperatively' owned. electric utility located in or' adj acent to CPsL's' service territory or that of anv affiliated
. company. The: scope of this request. is frcm January 1, 1957 to 4
.the-present.
.(c)
Identify'any communications relating to any
' acquisition. or lerse lattempt' referred to. in (a) or (b) above between off'icers or.representativesiof CP&L and/or'any affiliated
- . r 5.
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- c o m p a a v., and anv. other. terson, including but not limited toi members'of, or employees of, any governing boards, city com-
- nissions or. utilities authorities responsible in any way for theLoterall operation of such municipally or cooperatively owned electric utilities.
Please provide all documents relating to each such communication._ If documents produced fully identify and describe the substance of a particular communication, no further response is required with respect to that particular communication.
1 27.
Please provide all documents relating to the power supply, transmission requirements, and/or competitive posi-tion of anv municipally or cooperatively owned and/or operated electric utility, including,-but not limited to stud-ies and analyses.
28.
Please produce all contracts or agreements between Cpst and any. municipally.or cooperatively owned or' operated em,ectric uti_,Ity which were not procucec as interconnection agreements in response to Request No. 14 of Houston Lighting
& -Power Cc=pany's First Request.for Production of Documents Pursuant to Rula 34, dated January 30, 1976 i'n West Texas Utilities, etc., Case No. CA3-76-0633F.
29.(a)
Please list all industrial customers and commer-cial customers of CPsL and/or anv affiliated company whose peak load has ever exceeded 2,000 kw, for which service by 1
CP&L and/or any-affiliated. company in a particular location
-commenced after January 1, 1970.
Please indicate the first
?
1
' monta o -service Cor'eaCO suca Customer anc.
where known, d
i whether that customer was previously located in.another 1cca-1 I
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k.
UNITED STATES CF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY LICENSING BOARD In the Matter of
)
)
HOUSTON LIGHTING.& POWER COMPANY,
)
Docket Nos. 50-498A et al.
).
and 50-499A
)
(South Texas Project, Un i t No s.
)
1 and 2 )
)
)
)
)
In the Matter of
)
)
TEXAS UTILITIES - GENERATING COMPANY,
)
Docke t Nos. 5 0-4 4 5 A e t' 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 BROWNSVILLE'S MOTION TO COMPEL CP&L RESPONSES TO INTERROGATORIES.to be served on the following by deposit in the United States mail, first class, or as indicated by asterisk (*) by hand, first class, postage paid, this lith
' day of September,1980.
- Marshall E.. Miller, Chairman
- Sheldon J. Wolfe, Esquire
- Atomic Safety & Licensing. Board Atomic Safety & Licensing Board Panel Panel Nuclear Regulatory Commission ~
Nuclear Regulatory Commission Washington, D.
C. 20555~
Washing ton, - D.
C.
20555
- Michael L. ' Glaser, Esquire Joseph Rutberg, Esquire 1150 17th Street, N.
W.
Antitrust Counsel Wa shing ton,
D.
C.. 20036 Nuclear Reg ulatory Commission Wa shing ton,
D.
C.
20555
. Fredric D.
Chanania, Esq.
Michael B. Blume, Esq.
- 41. Gordon' Gooch, Esquire Ann Hodgdon,. Esq..
John P. Mathis, Esquire
. Nuclear Regulatory Commission Baker & Botts Waching ton, ' D.
C.~ : 20 5 5 5 1701 : Pennsylvania Avenue,
N..W.
Washing ton,
D.
C.
20006 L..
r
- Jerome _ Sal tzman, Chief Antitrust & Indemnity Group
- Robert Lowenstein, Esquire Nuclear Regulatory Commission J.
A.
Boukn ig h t, Jr.,
Esquire
^
Wa shing ton,
D.
C.
20555 William J.
Franklin, Esquire Lowenstein, Newman, Reis, Chase R.
Stephens, Chief Axelrad & Toll Docke ting & Service Section 1025 Connecticut Avenue,
N.
W.
Office of the Secretary Washing ton,
D.-C.
20036 Nuclear Regulatory Commission Wa shing ton,
D.
C.
20555
- Frederick H.
Ritts, Esquire Law Offices of Northcutt Ely
- David M.
Stahl, Esquire Watergate 600 Building Sarah F.
Holzsweig, Esquire Was hing ton,
D.
C.
20037 Isham,, Lincoln & Beale
'1120 Connecticut Avenue,
N.W.
- Wheatley & Wolleson Suite 325 1112 Watergate Office Building _
Wa shing ton,- D.C.
20036 2600 Virginia Avenue, N.
W.
- Robe r t Fab rikan t, Esquire E titrust Division William Sayles, Chairman and Department'of Justice Chief Executive Officer P.
O.
Box 14141 Central Power & Light Company Wa sh ing to n,
D. C.
20444 P.
O.
Box 2121 Corpus Christi, Texas 78403
- Joseph Knotts, Esquire Nicholas S.
Reynold s, 2 squire G.
K.
Spruce, General Manager Debevois,e & Liberman City Public Servi ~ce Board 1200 17th Street, N.
W.
P.
O.
Box.1771 Wa s hing ton,
D.
C.
20036 San Antonio, Texas 78201
- Do ug la s F. Jo hn, Esquire Jon C. Wood, Esquire McDermott, Will & Emery W.
Roger Wilson, Esquire 1101 Connecticut Avenue,
N.W.
Matthews, Novlin, Macf arlane Suite 1201
& Barrett Wa shing ton,
D. C.
'20036 1500 Alamo National Building San Antonio, Texas 78205~
- Robert O'Neil, Esquire Miller, Balis & O 'Neil Perry G.
Brittain, Pre sid ent 776 ~ Executive Building Texas Utilities Generating Co.
1030 'Fif teenth Street,. N.W.
2001 Bryan Tower Wa shing ton, D.C. 20005 Dallas, Texas 75201 Ms. Evelyn H. - Smith J.
Irion Worsham, Esquire
. Route 6, Box 2 9.8 Merlyn D.
Sampels, Esquire Gaf fney, South Carolina 29340' Spencer C.
Relye a, Esquire Worsham, Forsythe & Sampels Dick T.
Brown, Esquire 2001-Bryan Tower 800 Milam Building Suite 2500 San Antonio, Texas 78205 Dallas, 'Ibx as 75201
g 4
e P R.. L; Hancock, Director ~
G.
W.
Oprea,-Jr.
- City. of Austin Electric Utility Executive Vice President
~
Department' Houston Lighting & Power Co.
P.
O.
Box 10 88 P.
O.
Box 1700
- Austin, ' Texas - 78767-Houston, Texas 77001
- Jerry L.
Ha rr is', Esquire W.
S.
Robson, General Manager -
. Richard 'C.
Balough,e Esquire South Texas Electric Coop., Inc.-
City.of. Austin-P.
O.
Box 151 P.
O.-Box 1088 Nursery, Texas 77976
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~
Donald Clements, Esquire Don.R. Butler, Esq.
Gulf States Utilities Co.
Sneed, Vine, Wilkerson, Selman P.
O.
Box 2 9 51
&-Perry Beaumont, Texas 77074 P.
O. Box 1409 Austin, Texas 787G7 Knoland J.
Pluckne tt Executive Director Morgan Hunter, Esquire Committee on Power for the McGinnis, Inchridge- & Kilgore Southwest, Inc.
- 900 Congress Avenue 5541 Skelly Drive
' Aus tin, Texas. 78701 Tulsa, Oklahoma 74135 l
Kevin B.
Pratt, Esquire Jay-M. Gal t, Esquire
~
Linda Aaker, Esquire Looney, Nichols, Johnson & Hayes P.. O. > Box 12 548 219 Couch Drive Capital Station Oklahoma City, Oklahoma 73101 Austin, Texas. 78767 Robert E.
Cohn, Esq.
E.
W.
Barnett, Esquire Richard J.
Leidl, Esq.
Charles G.. Thrash, Jr., Esquire-Butler, Binion, Rice, Cook
'J. Gregory.Copeland, ' Esquire.
& Knapp
~
Theodore F. We iss, Jr., Esquire 1747 Pennsylvania Ave.,
N. W.
Baker & Botts:
9th Floor 3000 One Shell' Plaza Wa shing ton,
D.C.
20006 Houston, Texas 177002 L
Paul :W.
Ea to n, Jr., Esq..
Leland ' F.
Leatherman, Esq.
. Hinkle', Cox, Ea ton, Coffield McMath, Leatherman and Woods,
P. A.
.and Hensley 711 West Third Street-P.
O.' Box 10 Little Rock, Arkansas 72201 l
Roswell, New Mexice 88201 e
s m
WO e
g w
g =+
m._ _ = __
L: a -
i
._ :-Somervell County. Public Library
' P.
O.
Box 417 Glen Rose, Texas. 76403
' Maynard ~ Human, Ge neral Manager
' Western Farmers. Electric Coop.
P.
O. j Box 4 29 -
Anadarko, ~ Oklahoma 73005
- James E.'Monahan Executive Vice-President and General Manager
' Brazos Electric Power Coop., -Inc.
' P. ' O. ' Bo x 6 2 9 6 Waco, Texas 76706 Robert M. - Rader, Esquire
- Conner, Moore & Corber 1747 Pennsylvania Avenue,
N.
W.
Kashing ton,
D. ' C.
20006-W.
N. Woolsey,- Esquire Dye" and Redford 2030 Pe troleum Tower Corpus Christi, - Texas 78474 Mr.:G..Holman King West Texas Utilities Co.
-P.
O. Box 841 Abilene, Texas. 79604 Maurice '. V.
Brooks, Esq.
Brooks, Gordon, Inng & Shahan P.
O.-Box 118
. Abilene,, Texas 79604
\\
Nl &
Marc-R. Poirier Attorney.for the Public Utilities' Board of the City of Brownsville, Texas September 11, 1980-
,.y--
f:
L
__.a
Attachment A~
UNITED STATES CF AMERICA SEFORE THE NUCLEAR REGULATORY COMMISSION Houston Lighting & Power Cpmpany, et al.
)
Docke t Nos.
(South Texas Pro]ect, Units 1 & 2),
)
50-498A
)
50-499A
)
)
Texas Utilities Generating Company, et al. )
Cocket Nos.
(Ccmanche Peak Steam Electric S tation,
)
50-445A l
Units 1 & 2)
)
50-446A l
WRITTEN INTERRCGATORIES AND DCCUMENT REQUESTS ADDRESSED TO CENTRAL POWER & LIGHT COMP.U1Y BY THE PUBLIC UTILITIES BOARD OF THE CITY OF ERCNNSVILLE, TEXAS The Public Utilities Board of the City of Brownsville, Texas hereby submits written interrogatories and document requests to Central Power & Light Company.
Instructions are set out following the interrogatories and document requests.
Interrogatories and Document Recuests 1.
Please state as to each of the following per-sons whether he engaged in any communication with any official, employee, ag e n t, consultant or attorney of the Puolic Utilities Board of Brownsville, Texas, or of the City of Brownsville, Texas, other than Robert Ro und tre e, Larry
- Gawlik, R. Michael Simmons, members of Spiegel & McDiarmid,
^#
- n & Troilo or R.W.
Beck DUPLICATE DOCUMENT Entire document previously entered into system under:
ANO h
b N o.
of pages:
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