ML20004C558
| ML20004C558 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 05/26/1981 |
| From: | Roberts I NORTHERN INDIANA PUBLIC SERVICE CO. |
| To: | |
| Shared Package | |
| ML20004C549 | List: |
| References | |
| NUDOCS 8106040275 | |
| Download: ML20004C558 (11) | |
Text
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' ' l ATTACHMENT.6 F
bf k.. . STATE OF INDIANA -)
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) SS:
' COUNTY OFILAKE -)-
AFFIDAVIT OF IRA J. ROBERTS The undersigned,- Ira J.-Roberts, being duly sworn.upon his oath,= deposes and says:
- 1. That he is Vice President of-Marketing and Contracts of Northern Indiana Public Service Company (NIPSCO) and as such
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is authorized to make this affidavit-for and on behalf of NIPSCO.
- 2. That at Vice President of Marketing and Contracts the undersigned, Lira J. Roberts, is responsible for forecasting the future electric damands on'NIPSCO's system including the gathering of specific information for such purposes. This work is conduct 6d under direct supervision and cuntrol of the under-signed.
- 3. That NIPSCO is an electric utility engaged in the business of supplying electricity to customers in the northern part of the State of Indiana and as such supplies electrical energy to approximately 316,000 customers.
- 4. That,in the process of supplying electricity to such customers it- is necessary to predict the expected electrical demands on NIPSCO's system several years in advance in order to properly
. schedule capacity additions to its system and make appropriate plans to meet future demands.
S. That in -the process of predicting future expected demands on its-system,'NIPSCO divides its customers into various categories . 8106040
cuch as residential, commercial, sales for resale and industrial cnd employs specific methodology to each such class of customer to forecast the future needs of each category of customer.
- 6. That in forecasting the industrial segment of its customers NIPSCO assesses the individual needs of each of its six largest industrial customers which represents approximately 50 percent of.the total kilowatthour sales on NIPSCO's entire system.
- 7. That in. predicting the future demand of its six largest industrial customers NIPSCO obtains information from the individual industrial customers regarding their future operating plans and any plans for plant additions which would affect the specific customer's need for electrical energy. Additionally, in fore-casting the overall need of the industrial custoner category NIPSCO obtains information regarding expected future electrical needs from its twenty-five largest customers. i
- 8. That the information obtained from individual customers in the best available estimate of future energy requirements of !
the industrial segment of NIPSCO's customers and is vital to NIPSCO's overall forecasting effort. For example, if a large industrial customer planned a major plant addition requiring 100 to 200 megawatts of additional electric energy at a specific point in time, NIPSCO may have to bring on line additional electric -
.gsnerating facilities to coincide with the time of completion of such addition in order to satisfy the additional electric require-mant. Since the lead time for construction of generating facilities is-in.most instances much longer than additions to manufacturing facilities, information regarding energy demands for such additions j
must be given to NIPSCO well in' advance of the time that the customer cnnounces publicly its plan for such addition.
- 9. That up to this date, NIPSCO's industrial customers have willine,1y provided to NIPSCO, on a continuous basis, information regarding' future plans; however, information regarding en3rgy requirements for planned plant additions or future operational changes by such customers is given to NIPSCO with the understanding that it will not be publicly disclosed. NIPSCO has not publicly released any such information given in confidence without the consent of its customers.
- 10. That if NIPSCO did not honor its trust to hold such information in confidence, some or all of its industrial customers may become reluctant to divulge such information to NIPSCO thereby depriving NIPSCO of a vital and necessary planning tool in predicting.
the future demands on its system.
- 11. That the general electrical energy use levels of NIPSCO's six largest industrial customers is such that the identity of those customers would be apparent from examination of the individual forecasts for those customers even if the customers' names were daleted from the documents.
And further the Affiant sayeth not. < NORT 7 IAN SERV E COMPANY By: 1 a J /Ro66rts ' l
t, .,
. I l
l L. r STATE OF INDIANA )
) SS:
COUNTY OF LAKE ) Before me, a Notary Public, in and for said County and State, this o ,76 9ay of W , 1981, personally appeared Z a J. Roberts, Vice President"of Marketing and Contracts, of -Norths n Indiana Public Service Company and acknowledged the execution of the foregoing instrument as the free and voluntary act acting for said company and swears that the statements contained in his Affidavit are true and correct. GIVEN under my hand and notarial seal this=7/. Nday of
%;; / , 1981.
/
M NOTARY PUBLIC
).6:+w A Resident of , County, Indiana My Commission expires:
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. ~ . , _ _
ATTnCHMENT 7 l' A 83 F: If k 1 Sho rb? 'jk,,, 2 ; Because I think that the p robice may well have lw f"~ 3 been the potential for delay and disruption. 4 y And tha t's wha t you and Mr. Boyd were talking 5 about tryinF to avoid? 6 A Yec. 7 Q To whom were you and he rercrring as the inter-8 venors in that conve rse t t on? 9 A Any and all the intervenors in the cast. 10 Q Those individuals and organizations who partici-11 pated as 2n'.crvencro in the HP.C or AEC proceed-12 ings conce rni ng Bri t lly7 13 / Yec. 14 Q t. t the bottom. cf' that document, Mr. Shorb, there 15 appear to be Pome handwritten notec. 16 ., Y e r. . , 17 Arc those yourc? 18 .- Yec. 19 0 For the record, can you read t hem?
- 3) A Yec. " Called Boyd and said we did net want 21 tentative letter. We want letter only after du-z! cision is made." )
i i n MIi . VOLLEN: Mr. Eichhorn, the docu-24 ment that has been marked Deposition Exhi-25 bit 9 is the actuel document that you
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opy m which is obviously a Xerox c produced, there
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- may have been something on the. I wonder >
5 in the copying on Page 2. got lost the l if you have or could make available just so we can l 6 original of that document in the photo-l see that nothing got cut crr l 8 copying process. , 9 (Discussion off the record.) l 0 MR. VOLLEN: 10 a memorandum of 11 Is Shorb Deposition Exhibit f rred to in l ' Q satse telephone conversation re e , 12 the that you just read on the that handwritten notn 'l , 13 ibit 97 l
" bcttom or Shorb Deposition Exh :
i 15 A Yes. to wait? l,' tell him why you had decided l 16 q Did you I simply told him we de- < A I don' t believe so. cided to wait. ? And why did you decide to wait Q ion from the ! 2 Because we did -we wanted a decis . i A l
'taff before we proc 9eded. ;
21 NRC taka it from sir. Did you tell him why--I q Yes, telling him that 23 this memorandum that you were conversation that you de- - - - , you told him th that
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E. Tha t' s right. g ',. r l; d '3 Did you tell him why you di n 4 approvs17 , 4 tentative t 5 A I d on' t recall whether I did or no . the issue discussed Do you recall with whom you of tenta-4 you wanted a letter 7 or whether or not t l approval? j 8 tive recall specifically. i 9 A No, I don' t I l 10 Do you recall generally? it with Q : I presume that I would have discussed i 11 A nel and ou r ! or both Nuclear Staf f person ! 12 either -l attorneys. 13 recall; it's just a presumptior? ' 14 But you don' t , 4 1 I don' t recall. 15 No, ion Ex-A attention to Shorb Deposit - II 16 Q Directing your did you have a tele-17 hLbit 11 for identification, r Boyd on July 18, 18 phone conversation with Roge 1 I I' ' 19787 20 A Yes. of that con-a memorandum 21 Q And is that document l yersation? 11 is, yes. or anything 23 {IA Exhibit any recollection . And do you have Q rsation other than 25 that was said in that conve P00R ORIGINil U
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g what is reported in that me mo ra n d u r.? 1*" 2 A NO. L ~- - . E"5 3 Q Did you ask him why he and his starr and the 4 legal staff had been discussing the contents or i I S the report in excruciating detail? J 6 A No. But I presums that was in great detail. l 7 Q Did you orten have discussions with Mr. Boyd on l 8 what he and his legal staff were d iscu s s ing? , I g A In--in this case I did. I didn' t often. No. ' 10 4 Wha t did he tell you about what his legal start 11 and he were discessing? 12 A He didn' t tell me anything more than wha t I have 13 recited here. 14 Q Did he tell you about conversations he had with , 15 his lawyers? . 16 A He simply maid that he had been discussing this , 17 in excruciating detail. Which I assume is simply ! I 18 a v e ry d e ta iled discussion. I don' t know what 19 that means particularly. - I m Q Did you ask him? 21 A Not that I recall. l 22 Q Did you ask him what the issue was that he had n discussed with his lawyers? I 24 A I don' t recall anything more of tha t conversa- k?hk IEQ s tion than what is in this memorandum, Mr. Vollen; hi3 l - .
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Mr. Shorb , ' woc your next Q When, if you recall, 18, 19781 b - conversation with Roger Boyd af ter July ~
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* ;.G recall unless I look at these exhi- ' ~ l d. 0"?
w ~ A I wouldn' t her one imme-bits to see whether there was .anot the next exhibit i I see that distely a rtarward. I time is January 5,1979 i in point of cf time that' a been ! 1 That's the next one in point Q ! 8 r,roduced for me. ,i that was the next con-9 Yes. And whether or not as I l A tell you. Because ! versation, I could not ! 10 regularly make memo-mentioned before, I dcn' t 11 so there of t':lephone conversations; i 12 randums I do ji have been. 13 could have been or could not 14 not know. 1978, through 15 During the period from June 30, eighteen Q l I-a period of approximate y July 18, 1978, 16 f our telephone conversa-you had at least is that correct, on the 17 days, Ir tions with Mr. Boyd, NIPSCO's pile 19 subject of the staff review of
- 20 proposalf Yes.
21 A Apparently. ll whether you And you don' t recall -do you reca h Mr. Boyd on 22 Q pl had any further conversations wit !l 23 f rom July 18, ' 78 , ! .. it 4 thet subject in the period f ' ', N, 24 25 until January 5, 19797 L__._ t iiODR ORIGINALc1 - .*%_ .; _; g .-- ^~****<--a.~ b yy(*].. p c f_ g. ~~];g; +-
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1 I don' t really recall, no. I simply don' t re-A l A 2 call. .
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3 Do I understand that Mr. Bohn just went to check 'i Q 4 with your secreta ry to see the original TIS: of Shorb i 5 Deposition Exhibit 9 for identification? j 6 A Yes. 7 Q And would she, yctar secretary, find the original 8 in a rile? ! 8 A I presume co. 10 Q And what file sould that be; do you know? 1 11 A I don' t know. I don' t know where these esme 12 fror. 13 HR. VOLLEN: Mr. Eichhorn, I' d like 14 to have that file produced to ace whether !! 15 there were any other memoranda or telephone 16 conversations between Mr. Shorb and Mr. '
.t 17 Boyd on this subject between the period j f-18 of July 16, '76 and Janua ry 5, ' 79 !!
'i 19 MR. EICHHORN : Bob, we have produced i i\
20 from that file, obviously, all documents ; 21 pertaining to your document request. And we 22 are not going to produce that file for your 23 examination today unless.we have an offi-24 cial request that is within the scope of f 1 25 the contentions that you have admitted, , V
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PAGP, I and we would so honor it. ML._ 2 MH. VOLLEN: I don' t know what you mean X 4" ~ ' 3 by "orricial request." I hereby ma ke an of-4 ricial request for the p rocuction or that 5 , rtle. 6 MR. EICHHORN: No. That file is not a 7 specific identification or documents within 8 a contention or within the confines or any 9 contention which you have pending. 10 Mh. VOLLEN: Does that file contain 11 memoranda or rurther--or other telephone 12 conversations between Mr. Shorb and p e o p.l e 13 with the NEC starr on the subject or pilings? - 14 ' Mit . EICHHORN: I' m not going to be de-15 posed here, Bob. I' ll be glad to discuas 16 it with you. And it--I will again review 17 the file to see if there a re any documents 18 that fall within the scope of the conten- , , 19 tions and any request that you have made, l
- 2) My information would be that there would not 21 be documents or they would have been p ro-22 duced in the first instance under your re-M quest. But, I won' t ag ne carte blanche to ,
- 24 give you that file.
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P00RORlGlNAL -1 Q Directing your attention to Shorb Deposition l __ -. . - - _ - _ . .- 1}}