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Category:AFFIDAVITS
MONTHYEARML20073B6731994-09-19019 September 1994 Affidavit of Cl Terry Re License Amend Request 94-015 ML20073B6951994-09-19019 September 1994 Affidavit of Cl Terry Authorizing Signing & Filing W/Nrc OL Amend Request 94-016 ML20128D6111993-01-26026 January 1993 Joint Affidavit of I Barnes & Ft Grubelich Re Borg-Warner Check Valves.* Discusses Issues Re Borg-Warner Check Valves Raised by Cfur & Adequacy of Actions Taken by TU Electric ML20127L9661993-01-26026 January 1993 Affidavit of Rl Pettis Re Borg-Warner Check Valves.* Statement of Prof Qualifications & Certificate of Svc Encl ML20127L9321993-01-26026 January 1993 Affidavit of Re Architzel Re Thermo-Lag Installation at Testing for Unit 2.* Statement of Prof Qualifications Encl ML20086Q3931991-12-26026 December 1991 Affidavit of Case President J Ellis.* Affidavit of Case President J Ellis Re Motion for Leave to File Response to Portions of Motion of R Micky & Dow to Reopen Record. W/Certificate of Svc ML20154G7841988-09-0909 September 1988 Affidavit of Jj Macktal Re Oppressive Terms of Settlement Agreement for Addl Safety Concerns.Related Info Encl ML20207E6061988-08-12012 August 1988 Affidavit of B Brink.* Discusses Concern Re Operation of Plant.W/Supporting Documentation & Certificate of Svc ML20207E5941988-08-0505 August 1988 Affidavit of K Mccook.* Discusses Concerns Re Operations of Plant.Unexecuted Affidavit of P Reznikoff Encl ML19325D6431988-07-12012 July 1988 Affidavit of B Brink.* Expresses Concern That Operation of Plant Will Cause Loss of Health to Author & Family & Safety Problems at Plant Will Jeopardize Life & Property ML19325D6461988-07-12012 July 1988 Affidavit of L Burnam.* Expresses Concern That Operation of Plant Will Cause Loss of Health to Author & Family & Safety Problems at Plant Will Jeopardize Life & Property.W/ Certificate of Svc ML19325D6401988-07-12012 July 1988 Affidavit of P Reznikoff.* Expresses Concern Re Danger to Health & Safety Posed by Normal Operations of Plant & by Possible Accidents ML20197E3011988-05-23023 May 1988 Affidavit of JW Muffett.* Encl Review Issues Lists (Rils) on Pipe Stress & Pipe Supports Document That All Issues Closed by Cygna.Job Responsibilities of JW Muffett Stated. W/O Rils.W/Certificate of Svc ML20154E5391988-05-13013 May 1988 Affidavit of Ha Levin.* Related Documentation Encl ML20154E5281988-05-0606 May 1988 Affidavit of RP Klause.* Discusses Design Validation & for Large & Small Bore Piping Supports at Plant During Preparation of Project Status Repts.Author Statement of Training & Experience Encl ML20196B0751988-02-0101 February 1988 Affidavit of Rd Pollard Re Environ Qualification of RG-59 Coaxial Cable ML20236X2501987-12-0202 December 1987 Affidavit of Dn Chapman.* Discusses Mgt Analysis Co Audit Rept ML20236E0481987-10-23023 October 1987 Affidavit of Bp Garde in Support of Motion for Reconsideration.* ML20236E7501987-07-23023 July 1987 Affidavit of Jt Merritt.* Affidavit Discusses Mgt Analysis Co Audit Repts.Related Correspondence ML20236E7411987-07-22022 July 1987 Affidavit of JB George.* Affidavit Discusses Mgt Analysis Co Audit Repts.Related Correspondence ML20236E7551987-07-22022 July 1987 Affidavit of Eg Gibson.* Affidavit Discusses Mgt Analysis Co Audit Rept.Related Correspondence ML20211D0591987-02-11011 February 1987 Affidavit of Eh Johnson.* Responds to Statements in Case Motion Re Trend Analyses or Trend Repts.Trend Analyses & Repts Incorporated Into SALP Repts in 1980.Certificate of Svc Encl ML20212E8631986-12-26026 December 1986 Affidavit of Case Witness J Doyle Re Case 861230 Partial Response to Applicants 861201 Response to Board Concerns.* Certificate of Svc Encl ML20211J4721986-11-0101 November 1986 Affidavit of J Doyle Re Scope of Cygna Role.Supporting Documentation Encl ML20211J4141986-10-28028 October 1986 Affidavit of DC Garlington Re Irregularities in Plant Const or Operations Noticed During Site Visits.Emergency Lights Not Aimed & Locked & Trash in Diesel Room Noted in Monitoring Repts.W/Certificate of Svc ML20211J3551986-10-0303 October 1986 Affidavit of MD Nozette Re Events Concerning Participation as co-owner of Plant Between Nov 1984 & Feb 1985.Discusses Util Failure to Answer Questions Posed in Re Participation in Project ML20214L6911986-08-18018 August 1986 Affidavit of Tg Tyler Supporting Applicant Response to a Palmer Affidavit Re Case 860731 Response to Applicant 860716 Motion for Protective Order & Motion to Compel.W/ Certificate of Svc ML20214M4271986-08-0505 August 1986 Joint Affidavit of D Lurie & E Marinos Clarifying 860404 Joint Affidavit on Statistical Inferences from Comanche Peak Review Team Sampling ML20207E3071986-07-16016 July 1986 Affidavit of Le Powell on 860716 Re Estimate of Time & Effort Required to Prepare Responses to Questions 4-7 of M Gregory Set One Discovery Requests.Related Correspondence ML20207F7741986-07-16016 July 1986 Affidavit of Le Powell Re Discovery in CP Extension Proceeding.W/Certificate of Svc ML20197C1301986-05-0606 May 1986 Affidavit of M Walsh,Advising That Statistical Sampling Being Performed & Proposed for Facility Inappropriate. Applicant Reliance on Statistical Sample Will Not Identify Problems W/Pipe Supports.Certificate of Svc Encl ML20197C1051986-04-26026 April 1986 Affidavit of J Doyle,Addressing Applicability of Statistical Sampling to Facility ML20155A6851986-04-0404 April 1986 Joint Affidavit of D Lurie & E Marinos Re Board Concerns on Statistical Inferences from Comanche Peak Review Team Sampling.Certificate of Svc Encl ML20138B1711986-03-13013 March 1986 Affidavit of SD Mckay Re Likelihood of Reactor Coolant Pump Restart Due to Operator Error W/No Occurrence of Inadequate Cooling Event.Prof Qualifications & Certificate of Svc Encl ML20138B1071986-03-12012 March 1986 Affidavit of CE Mccracken Re Core Flow Blockage Due to Fine Paint Particles ML20138B1431986-03-12012 March 1986 Affidavit of B Mann Re Treatment of Operator Error in Licensing Process & Likelihood of Reactor Coolant Pump Restart During Inadequate Core Cooling Event.Prof Qualifications Encl ML20215E7171986-01-27027 January 1986 Partially Withheld Affidavit Re Allegations Concerning Drug Use & Distribution ML20138P5551985-12-14014 December 1985 Affidavit of Jj Doyle in Response to Applicant Changes to 1984 Motions for Summary Disposition ML20137X1831985-12-0505 December 1985 Affidavit of R Mcgrane Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits Only Recent Awareness of Rept.Related Correspondence ML20137X0201985-12-0505 December 1985 Affidavit of Dh Wade Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits No Knowledge of Rept Prior to May or June 1985.Related Correspondence ML20137W9971985-12-0404 December 1985 Affidavit of Nh Williams Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits No Knowledge of Rept Prior to 850625.Related Correspondence ML20137X2101985-12-0303 December 1985 Affidavit of R Siever Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits Awareness of Audit & Rept Preparation Through General Onsite Conversation in 1985.Related Correspondence ML20137X0881985-12-0202 December 1985 Affidavit of Rc Iotti Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits No Knowledge Apart from News Publicity & ASLB Documents in mid-1985.Related Correspondence ML20137X1291985-12-0202 December 1985 Affidavit of G Krishnan Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits General Awareness of Discovery Process Re 1980 Licensing Proceedings.Related Correspondence ML20137X0601985-12-0202 December 1985 Affidavit of Jc Finneran Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits No Knowledge Apart from News Publicity & General Onsite Conversations Earlier in 1985.Related Correspondence ML20137X1611985-12-0202 December 1985 Affidavit of P Chang Re Knowledge of Mgt Analysis Corp Rept & Issues Raised by Rept.Author Admits No Knowledge of Rept Prior to mid-1985.Related Correspondence ML20205H4071985-11-12012 November 1985 Affidavit of Rc Iotti & Jc Finneran Re Corrections & Clarifications to Affidavits Supporting Motions for Summary Disposition of Pipe Support Design Allegations. Supporting Documentation Encl.Related Correspondence ML20205H3501985-11-12012 November 1985 Affidavit of Rc Iotti & Jc Finneran in Response to ASLB Request for Info Re Variation of Field Configurations of Pipe Supports Utilizing clinched-down U-bolts.Related Correspondence ML20133F8221985-09-0909 September 1985 Affidavit of Aw Serkiz Providing Explanation Re Sser 9, App L,Per ASLB 850918 Memorandum.Certificate of Svc Encl ML20133F8161985-09-0909 September 1985 Affidavit of CE Mccracken Providing Further Explanation of Background of Sser 9,App L,Per ASLB 850918 Memorandum 1994-09-19
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196G4021999-06-18018 June 1999 Comment on FRN Re Rev of NRC Enforcement Policy NUREG-1600, Rev 1 & Amend of 10CFR55.49.Concurs with Need to Provide Examples That May Be Used as Guidance in Determining Appropriate Severity Level for Violations as Listed ML20206H1881999-05-0606 May 1999 Exemption from Requirements of 10CFR50,App K Re ECCS Evaluation Models. Commission Grants Licensee Exemption ML20206M5111999-04-30030 April 1999 Comment Supporting Draft RG DG-1083 Re Content of UFSAR IAW 10CFR50.71(e). Recommends That Listed Approach Be Adopted for Changes to Documents Incorporated by Ref CY-99-007, Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-0071999-02-22022 February 1999 Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-007 TXX-9825, Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps1998-12-14014 December 1998 Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps ML20154C4101998-09-30030 September 1998 Comment Re Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Comanche Peak Electric Station Endorses NEI Comment Ltr & Agrees with NEI Recommendations & Rationale ML20216E1051998-04-0707 April 1998 Comment Supporting Draft RG DG-1029 Titled Guidelines for Evaluating Electromagnetic & Radio-Frequency Interference in Safety-related Instrumentation & Control Sys ML20217H3611998-03-26026 March 1998 Comment Opposing Draft GL 97-XX, Lab Testing of Nuclear Grade Charcoal, Issued on 980225.Advises That There Will Be Addl Implementation Costs ML20198Q4851998-01-16016 January 1998 Comment Opposing PRM 50-63A by P Crane That Requests NRC Amend Regulations Re Emergency Planning to Require Consideration of Sheltering,Evacuation & Prophylactic Use of Potassium Iodide for General Public ML20211A4871997-09-12012 September 1997 Changes Submittal Date of Response to NRC RAI Re Proposed CPSES risk-informed Inservice Testing Program & Comments on NRC Draft PRA Documents ML20149L0311997-07-21021 July 1997 Comment on Draft Guides DG-1048,DG-1049 & DG-1050.Error Identified in Last Line of DG-1050,item 1.3 of Section Value/Impact Statement.Rev 30 Should Be Rev 11 ML20140A4871997-05-27027 May 1997 Comment Opposing Proposed Rule Re Safety Conscious Work Environ.Util Agrees W/Nuclear Energy Inst Comment Ltr ML20133G5411996-12-0505 December 1996 Transcript of 961205 Meeting in Arlington,Tx Re Comanche Peak Thermo-Lag Fire Barriers. Pp 1-111 ML20135B7881996-11-29029 November 1996 Order Approving Corporate Restructuring of TU to Facilitate Acquistion of Enserch Corp ML20128M8011996-10-0303 October 1996 Comment Opposing Proposed NRC Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20097D7321996-02-0909 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Re CPSES Request for Amend to Its Regulations Dealing W/Emergency Planning to Include Requirement That Emergency Planning Protective Actions for General Public Include Listed Info ML20094Q6421995-11-28028 November 1995 Comment Supporting Petition for RM PRM-50-62 Re Amend to Regulation Re QAPs Permitting NPP Licensees to Change Quality Program Described in SAR W/O NRC Prior Approval If Changes Do Not Potentially Degrade Safety or Change TSs ML20094H4801995-11-0808 November 1995 Comment Supporting Nuclear Energy Inst Comments on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel or high-level Radwaste ML20091M6441995-08-25025 August 1995 Comment Opposing Proposed Rule Re Review of Revised NRC SALP Program.Believes That NRC Should Reconsider Need for Ipap or SALP in Light of Redundancy ML20086M7921995-07-0707 July 1995 Comment Supporting Proposed GL Process for Changes to Security Plan Without Prior NRC Approval ML20084A0181995-05-19019 May 1995 Comment Suporting Proposed Rule 10CFR50 Re Containment Leakage Testing.Supports NEI Comments ML20077M7311994-12-30030 December 1994 Comments Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20077L8711994-12-22022 December 1994 Comment Supporting Proposed Rule 10CFR50,55 & 73 Re Reduction of Reporting Requirements Imposed on NRC Licensees ML20073B6731994-09-19019 September 1994 Affidavit of Cl Terry Re License Amend Request 94-015 ML20073B6951994-09-19019 September 1994 Affidavit of Cl Terry Authorizing Signing & Filing W/Nrc OL Amend Request 94-016 ML20058E0561993-11-10010 November 1993 Comment on Proposed Rule Re Staff Meetings Open to Public. Believes That NRC Has Done Well in Commitment to Provide Public W/Fullest Practical Access to Its Activities ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20045D8321993-06-11011 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54, FSAR Update Submittals. ML20044F3271993-05-21021 May 1993 Comments on Draft NRC Insp Procedure 38703, Commercial Grade Procurement Insp, Fr Vol 58,Number 52.NRC Should Use EPRI Definitions for Critical Characteristics ML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20056C1881993-03-17017 March 1993 Order.* Directs Util to Respond to Motion by COB 930319 & NRC to Respond by COB 930322.W/Certificate of Svc.Served on 930317 ML20128D9651993-02-0303 February 1993 Memorandum & Order.* Stay Request Filed by Petitioners Denied.W/Certificate of Svc.Served on 930203 ML20128F6221993-02-0303 February 1993 Transcript of 930203 Affirmation/Discussion & Vote Public Meeting in Rockville,Md.Pp 1-2.Related Info Encl ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D3461993-01-29029 January 1993 NRC Staff Notification of Issuance of OL for Facility.* Low Power License May Be Issued by 930201.W/Certificate of Svc ML20128D6321993-01-29029 January 1993 Memorandum & Order.* Denies Citizens for Fair Util Regulation for Fr Notice Hearing on Proposed Issuance of OL for Facility.W/Certificate of Svc.Served on 930129 ML20127L9321993-01-26026 January 1993 Affidavit of Re Architzel Re Thermo-Lag Installation at Testing for Unit 2.* Statement of Prof Qualifications Encl ML20128D6111993-01-26026 January 1993 Joint Affidavit of I Barnes & Ft Grubelich Re Borg-Warner Check Valves.* Discusses Issues Re Borg-Warner Check Valves Raised by Cfur & Adequacy of Actions Taken by TU Electric ML20127L9181993-01-26026 January 1993 NRC Staff Reply to Cfur Request for Publication of Proposed Action Re Licensing of Unit 2.* Cfur Request That Notice Re Licensing of Unit 2 Be Published Permitting Parties to Request Hearings Should Be Denied ML20127L9661993-01-26026 January 1993 Affidavit of Rl Pettis Re Borg-Warner Check Valves.* Statement of Prof Qualifications & Certificate of Svc Encl ML20127L9091993-01-25025 January 1993 Tx Util Electric Response to Citizens for Fair Util Regulation Request of 930113.* Request Fails to Raise Worthy Issue & Should Be Denied.W/Certificate of Svc ML20127L8891993-01-21021 January 1993 Order.* License Should File Response to Citizens for Fair Util Regulation Ltr Requesting That Commission Issue Fr Notice Providing for Opportunity for Hearing Re Issuance of OL by 930125.W/Certificate of Svc.Served on 930122 ML20127G9191993-01-19019 January 1993 Order.* Grants Petitioners Extension of Time Until 930122 to File Brief.Replies to Petitioners Brief Shall Be Filed on or Before 930208.W/Certificate of Svc.Served on 930119 ML20127G9441993-01-19019 January 1993 TU Electric Brief in Opposition to Petitioners Appeal of ASLB Memorandum & Order.* Requests That Petitioners Appeal Be Denied & Licensing Board 921215 Memorandum & Order Be Affirmed.W/Certificate of Svc ML20127G8041993-01-15015 January 1993 NRC Staff Response to Appeal of Licensing Board Decision Denying Petition for Leave to Intervene & Request for Hearing Filed by Bi & Di Orr.* Board 921215 Decision Should Be Upheld.Certificate of Svc Encl ML20127G7451993-01-14014 January 1993 NRC Staff Response to Motion of Petitioners RM Dow & SL Dow, (Disposable Workers of Comanche Peak Steam Electric Station),For Leave to File Out of Time & Request for Extension of Time to File Brief.* W/Certificate of Svc ML20127G7941993-01-12012 January 1993 Opposition of TU Electric to Motion for Leave to File Out of Time & Request for Extension of Time to File Brief by SL Dow (Disposable Workers of Comanche Peak Steam Electric Station) & RM Dow.* W/Certificate of Svc ML20127A5931993-01-0808 January 1993 Brief in Support of Petitioner Notice of Appeal.Aslb Erred by Not Admitting Petitioner Contention & Action Should Be Reversed.W/Certificate of Svc ML20127A6371993-01-0707 January 1993 Notice of Appeal.* Appeal Submitted Due to 921215 Memo Denying Petitioner Motion for Rehearing & Petition for Intervention & Request for Hearings.Proceedings Were Terminated by Aslb.W/Certificate of Svc 1999-06-18
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P, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 COMPANY, et al.
) 50-446
)
(Camanche Peak Stean Electric ) ( Application for Station, Units 1 and 2) ) Operating Licenses)
AFFIDAVIT OF ERLE A. NYE REGARDING CONTENTION 25 I, Erle A. Nye, being first duly sworn, do depose and say that I am employed by Texas Utilities Company in the position of Executive Vice President. I also serve as Chief Financial Officer of the Company. A statenent of my educational and professional qualifications is attached hereto as Attachnent A.
This affidavit addresses the issue of whether the Applicants are financially qualified to operate and decomnission the Comanche Peak nuclear power reactors.
The ownership interests in Comanche Peak are as follows: Texas Electric Service Company ("TESC0") 35-5/6%; Dallas Power & Light Company
("DP&L") 18-1/3%; Texas Power & Light Company ("TP&L") 31-1/2%; Brazos l
Electric Power Cooperative, Inc. ("Brazos") 3-4/5%; Texas Municipal Power Agency ("TMPA") 6-1/5%; and Tex-La Electric Cooperative of Texas, Inc.
(" Tex-La") 4-1/3%. Thus, TESCO, DP&L and TP&L collectively own 85-2/3% of Comanche Peak. Brazos, TMPA and Tex-La own the remaining 14-1/3%.
TESCO, DP&L and TP&L are the three operating subsidiaries of Texas Utilities Company, which is a utility holding company. TESCO, DP&L and TP&L are engaged principally in the generation, purchase, transnission, l 81120904e9 e123po
{DRADOCK 05000445 PDR
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distribution and sale of electric energy to residential, commercial and industrial customers in 67 Texas Counties. These three operating companies provide electric service to over 4 million people in the State of Texas.
Brazos is a generation and transmission electric power cooperative owned by 19 rural electric distribution cooperatives in Texas. Brazos was incorporated in 1941 under Texas law. Tex-La is a generation and transmission electric power cooperative owned by 7 rural electric distribution cooperatives. It was incorporated in 1979 under Texas law.
TMPA is a joint power agency created in 1975 under Texas law by the Texas cities of Bryan, Denton,: Garland and Greenville.
TESCO, DP&L, TP&L, Brazos and Tex-La are subject to the ratemaking authority of the Public Utility Commission of Texas ("PUC"). The PUC has original jurisdiction over electric rates and services in unincorporated areas and exclusive appellate jurisdiction to review the rate and service orders and ordinances of munic.ipalities. TMPA and each of the four cities c which created TMPA exercise original jurisdiction over the regulation of electric rates and service.
In order to set rates, the PUC utilizes a historical test year defined as the most recent 12 months for which utility operating data is available. Adjustments for known and measurable change are pennitted. An original cost, end-of-test-year rate base is used in determining an allowed return. Construction work in progress ("CWIP") may be included in rate base where necessary to the financial integrity of the utility. If CWIP is included in rate base, capitalization of an allowance for funds used during construction on the amount is discontinued. The practice of the PUC has been to allow full current recovery of the cost of fuel used in generating electricity.
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F Texas law and regulations applying to electric utilities, including rural electric cooperatives, provide that the PUC "shall fix its overall revenues at a level which will pemit [a] utility to recover its operating expenses together with a reasonable return on its invested capital." Texas Public Utility Regulatory Act, 539, Article 1446c of Vernon's Annotated Texas Statutes. Texas law also provides that the PUC shall set "just and reasonable rates" for utilities. Id., at 5 38.
The Texas PUC has adopted substantive rules governing the setting of electric rates. F!!C ftule 052.02.03.031 provides for the rate base to be used in the establishmen't of rates, and PUC Rule 052.02.03.033 governs rate
.. struc ture. This letter Rule provides that the PUC "shall fix the overall revenue requirements' at a level which will permit [a] utility to recover
? its allowable operating expenses together with a fair and reasonable return on its capital investment." Further, PUC Rule 052.02.03.032, governing cost of service and rate of return provides that "[t]he return shall be reasonably sufficient to assure confidence in the financial integrity of the utility and shall be adequate, under efficient and economical management, to maintain its credit and attract the capital necessary for the proper discharge of its public duties".
The results of actions by the Texas PUC since it assumed rate jurisdiction over the owners which are regulated by it are provided through the Rate Developments table attached hereto as Attachment B. That table reflects for DP&L that the most recent rates on rate base and common equity were 10.99% and 16.00%, respectively (test year ending ' June 30,1980); for TESCO that the most recent rates of return on rate base and common equity authorized were 11.312% and 15.50%, respectively (test year ending March 31, 1980); for TP8L that the most recent rates of return on rate base and a
_4_
common equity authorized were 11.33% and 15.71%, respectively (test year ending December 31,1980). Brazos and Tex-La have completed no rate case before the Texas PUC; Brazos because its first rate case is pending, and Tex-La because it is a new entity. There is no reason to believe that the i Texas POC will treat Brazos and Tex-La materially different than it treats TESCO, DP&L and TP&L.
The sole purpose of the operation of Comanche Peak will be the production of electricity. The facility will be a productive asset, and therefore should qualify as property used and useful in public utility service. Accordingly, the cost of construction will be included in rate base and the owners subject to PUC regulation will recover through rates a return on investment. The same regulatory treatment will provide recovery of all fixed and variable operating and maintenance expenses.
Estimates of the total annual costs for operating and maintenance expenses for both Comanche Peak units are set forth in Table 20.1 in the NRC Staff's Safety Evaluation Report, NUREG-0797 (July 1981). However, because the estimates are separate for Unit 1 and Unit 2, they should be reflected as covering the period 1983-89 for Unit 1 and 1985-91 for Unit 2.
As so modified, SER Table 20.1 is correct and accurate. For conservatism, the estimates are presented for plant factors ot 50%, 60% and 70%. These estimates include all costs associated with the capital investment, taxes, operation and maintenance (including nuclear fuel). Decommissioning costs ,
are included as a component of depreciation expense.
For purposes of estimating decommissioning costs, Applicants have assumed that Comanche Peak will be decommissioned by immediate dismantl ement. Applicants have adopted the methodology and estimated per unit costs presented in NUREG/CR-0130, the NRC reference analysis for PWR l
l l
m
decomissioning. The maximum cost of decommissioning using the immediate dismantlement method was estimated in NUREG/CR-0130 to be $42 million (1978 dollars). Applicants therefore estimate the decommissioning costs for Comanche Peak to be approximately $55 million (1981 dollars), derived by escalating the estimate in NUREG/CR-0130 at 10% per year for three years.
In conclusion, I believe that Applicants have a reasonable plan to finance the operation and decommissioning of Comanche Peak. Applicants plan to recover the costs of operation and decommissioning through rates paid for sales of power and energy generated by Comanche Peak. TESCO, DP8L, TP&L, Brazos and Tex-La will recover these costs through rates established by the Texas PUC. TMPA will recover these costs through rates established by it.
i
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a . i i _
Erle A. Nye Subscribed and sworn to before me thisg?e day of November 1981.
e 2r/N j rx.s v Notfry l
t J
Attachment A ERLE A. HYE STATEMENT OF EDUCATIONAL AND PROFESSIONAL nUALIFICATIONS POSITION: Executive ' lice President and Chief Financial Officer of Texas Utilities Company FORMAL EDUCATION: BSEE, Texas A&M University J.D., Southern Methodist University EXPERIENCE:
1980 - Present Executive Vice President and Chief Financial Officer of Texas Utilities Company, has management responsibility for the finance, accounting, corporate secreterial and adtainstrative areas of the company's operations.
1875 - 1980 Vice President of Dallas Power & Light Company, at DP&L responsibilites included the legal, rate, regulatory, financial and accounting functions.
1972 - 1975 Manager of Corporate Services and Legal Counsel, Dallas Power & Light Company.
1969 - 1972 Manager of Legal Services & Legal Counsel, Dallas Power & Light Company.
1966 - 1969 Executive Assistant, Dallas Power & Light Company.
1960 - 1966 Engineer, Dallas Power & Light Company.
MEMBER - Financial Executives Institute Society of Rate Of Return Analysis Fin 6ncial Committee of the Edison Electric Institute
Attachment 8 i DA1.LAS POWER & LICHT COMPANY -
RATE DEVE14PHENTS 4
I I Cranted Docket #1526 (000's) Docket #2572 (000'el Docket #3460 (000's)
Test year utillaed (Historical 12 months ended) 09-30-77 12-31-78 Annual amount of revenue incrases requested. 06-30-80 I
test-year basta (000's) $76,862 Date petition filed $57,096 $80,638 12-28-77 04-27-79 09-26-80 Annual amount cf revenue increase allowed-test year baats (000's) $41,639 $37,200 .$56,269 Percent increase in revenues allowed 13.02 9.7%
Date of final order 05-08-78 11.4%
10-16-79 02-26-81 Effective date (date Revenue Rffected) 06-28-78 10-26-79 03-02-81 Rate base finding (000's) (Original Cost) $675,214 $845,594 Construction work in progress included in $921,899 Rate base (000's) $87,749 $194,588 $243,568 Rate of return on rate base authorized 9.35% 10.02%
Rate of return on common equity authorised 10.992 13.751 14.50Z 16.001 Revenus Effect (000's)
Ameeant received in year granted 8.5.590 $ 7,163 Amount received in subsequent year $56,797 reflects
$ 35,870 $31,267 amortization of the rate (If not available, annualized amounto received in year granted) increase for the year granted; subsequent year not available because of timing.
Note: As of 11-20-81, rtete were no pending requeste.
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Attachment B TEXAS POWER & LIGHT COMPANY RATE IP.VEIAPPENTS i
Cranted Docket #178 (G00's) Docket #1517 (000's) Docket #3006 (000's) Docket #3780 (000's)
Test year utill ed (Historical 12 montho ended) 09-30-76 09-30-77 09-30-79 Annual amount of revenue increase requested- 12-31-80 test-year basis (000's) $134,841 Date petition illed $118,483 $124,053 $197,961 12-22-76 12-21-77 01-04-80 03-06-81 Annual amount of revenue increase allowed-test year basta (000's) $58,243 $41,222 $81,876 $57,083 Percent increase in revenues allowed 11.59% 6.80% 10.05%
Date of final order 04-25-77 05-08-78 5.611 04-29-80 08-05-81 Effective date (date Revenue Effected) 06-12-77 06-01-78(Rural) 05-27-80 08-08-81 Rate base finding (000's) (Original cost) $1,382,715 $1,489,618 $1.735,537 Construction work in progress included in $1.941,705 Rate base (000's) $188.955 $92,010 $187,252 $286,659 Rate of return on rate base authorised 9.86% 9.99% 10.91%
Rate of return on common equity authorised ,13.75% 43.75%
11.91%
15.50% 15.71%
Revenue Effect (000's) .
Amoe t received in year granted Not Available Amoet received in subsequent year Not Available $51,365 $18,367 (If not available, annualized amounts Not Available Not Available $85,596 Not Available recalved in year granted)
Note: As of 11-20-81, there were no pending requests.
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Attachment B TEXAS ELECTRIC SERVICE COMPANY RATE DEVELOPMENTS Cranted Docket #527 (000's) Docket #1903 (OCO's) Docket #2606 (000's) Docket #3250 (000's)
Test year utillsed (Historical 12 months ended) 03-31-77 03-31-78 03-31-79 Annual amount of revenue increase requested- 03-31-80 test-year beels (000's) $ 79.053 $109,969 $ 87,997 Deta petition i11ed 06-29-77 05-30-78
$122.904 05-17-79 05-15-80 Annual amount of revenue increase alloued-test year beste (000's) $43,772 $37,936 $ 37,909 $69,390 Percent increase in revenues allowed 13.22 8.4% 7.6%
Date of final order 10.05%
11-02-77 10-16-78 10-16-79 10-03-80 Effective date (date Revenue affected) 11-22-77 10-26-78 10-23-25 10-14-80 Rate base finding (000's) (Original Cost) $952,451 $1,107,025 $1,287.719 $1.373,810 Construction work in progrees included in Rate base (000's) $154,889 $130,347 $216,et Rate of return on rate base authorized $269.040 9.78% 10.0441 10.:r? il 11.3122 j Rate of return on common equity authorised
- 13.5% 13.75% 14.5% 15.50%
l l Revenue Rffeet (000's) l Amment received in year granted Not Available Not Available $8,215 Amoet received in subsequent year $12,909 Not Available Not Available Not Available $77,454 (If not available, annualised amounts received in year granted)
Note: As of 11-20-81, there were no pending requests.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 COMPANY, et al .
) 50-446
)
(Comanche Peak Steam Electric ) ( Application for Station, Units 1 and 2) ) Operating Licenses) ;
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicants' Answer In Support of The NRC Staff's Motion For Summary Disposition l of Contencion 25 (Financial . Qualifications)" and Prefiled Testimony on Contentions 9 and 25 and Board . Question 2 in the above-captioned matter were served upon the follower persons by deposit in the United States mail, first class postage prepaid or by express delivery (*) this 20th day of November 1981:
- Marshall E. Miller, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regul atory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
- Na rj orie Ulman Rothschil d, Esq.
- D r . Kenneth A. McCollom Office of the Executive Dean, Division of Engineering, Legal Director Architecture and Technology U.S. Nucl ear Regul atory Okl ahcma State University Commission Stillwater, Oklahoma 74074 Washington, D.C. 20555
- Dr. Richard Cole, Member David J. Preister, Esq.
Atomic Safety and Licensing Assistant Attorney General Board Environmental Protection U.S. Nuclear Regulatory Division Commission P.O. Box 12548 Washington D.C. 20555 Capitol Station Austin, Texas 78711 Chairman, Atomic Safety and Licensing Board Panel *J. Marshall Gilmore U.S. Nucl ear Regul atory 1060 W. Pipeline Road Commission Hurst, Texas 76053 Washington, D.C. 20555
- Mrs. Juanita Ellis Mr. Chase R. Stephens President, CASE Docketing & Service Branch 1426 South Polk Street U.S. Nuclear Regul atory Dallas, Texas 75224 Commission '
Washington, D.C. 20555 J -
William A. Horin '
cc: Homer C. Schmidt Spencer C. Relyea, Esq.
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COLKETED USNRC UNITED STATES OF AMERICA .g g g g g NUCLEAR REGULATORY COMMISSION E U? SECRETARY BEFORE THE ATOMIC SAFETY AND LICENSING. BOARD & SERVICE u.,aHCH In the Matter of )
)
TEXAS UTILITIES G'ENERATING ) Docket Nos. 50-445- and COMPANY, et al. ) 50-446
)
(Comanche Peak Steam Electric)
Station, Units 1 and 2) )
STIPULATION In consideration of the following Stipulation, Citizens for Fair Utility Regulation ("CFUR") hereby voluntarily withdraws Contention 9 from litigation in this proceeding.- It is agreed that this Stipulation is contingent upon its acceptance by the NRC Staff and upon dismissal of Contention 9 by the Licensing
, Board. It is also agreed that nothing in this Stipulation shall prevent modification of the Stipulation and/or the operating criteria for Comanche Peak if NRC Regulations change or if Applicants determine that there is a better method than_that outlined below to achieve the objective.
It is agreed between CFUR and Applicants that Applicants will operate Comanche Peak such that dose commitments from planned gaseous radioactive batch releases are as low as is i'
reasonably achievable. Applicants shall take meterology,-
demography and batch characteristics into consideration in I
Qf h (} gC E i.C6Ituv N '
, J
. ,s
- o. .
achieving this objective. Applicants will include this Stipulation-in the Final Safety Analysis Report-for Comanche
.. Peak.
& 45 Cit ens for air Utility Regulation 3
/ ( A '
\f Cottd se 1
for Applicants d
1 Date: November 20, 1981 i
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