ML20040C643

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Response Opposing Util Objections on Which Util Seeks Oral Argument.Allowing Util to Improve Sys Economies While Denying Competitive Environ Will Maintain Situation Created by Illegal Territorial Div.W/Certificate of Svc
ML20040C643
Person / Time
Site: Saint Lucie NextEra Energy icon.png
Issue date: 01/26/1982
From: Jablon R
FLORIDA CITIES (FLORIDA MUNICIPAL UTILITIES ASSOCIATE, SPIEGEL & MCDIARMID
To:
NRC COMMISSION (OCM)
References
ISSUANCES-A, NUDOCS 8201290114
Download: ML20040C643 (250)


Text

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l UNITED STATES OF XiERICA NUCLEAR REGULATORY COFCiISSION

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Florida' Power & Light Company ) Docket No. 50-389A

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(St. Lucie Plant, Unit No. 2) ) Florida Cities

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Robert A. Jablon Alan J. Doth g

Daniel Gittman Joseph Van Eaton Attorneys for Florida Cities January 26, 1982 Law offices of:

Spiegel & McDiarmid 0, k 4 j p' g 2600 Virginia Avenue N.W. 41 ' fa 6 Washington, D.C. 20037 ) ,

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TABLE OF CONTENTS s Page Table of Authorities ............................................. 11 A. Contrary To FPL's Objection, The Gainesville Decision Provides A Basis For Finding A Situation Inconsistent With The Antitrust Laws. ........ I

1. Cessation of conspiracy. .......................... I
2. Inpact of conspiracy. ............................. 3 B. Contrary To FPL's Objection, Opinion 57 Provides A Basis For Finding A Situation Inconsistent. .......................................... 5
1. Findings of anticompetitive conduct. .............. 5
2. Evidentiary facts. ................................ 8
3. Availability of wholesale service. ................ 10 C. Contrary To FPL's Objection, The Evider.ce Of Joint Activity Provides A Basis For Finding A Situation Inconsistent. ................................ 11
1. Judge King's order. ............................... 11
2. Assertions of FPL employees. ...................... 11
a. Competence. .................................. 12
b. Coordination benefits. ....................... 13
c. Admissions. .................................. 15 D. Contrary To FPL's Objection, The Board's Findings On Monopoly Power Are Fully Justified. ................. 16 E. Contrary To FPL's Objection, The Board Findings As To Nexus Are Fully Justified. ....................... 17 CONCLUSION ....................................................... 20 3

APPENDICES n

U

TABLE OF AUTHORITIES Court cases: a ge

_P_a American Tobacco Co. v. United States, 147 F.2d 93 (6th Cir. 1944) aff'd, 328 U.S. 761 (1946) ...................... 19 California Computer Products Inc. v. International Business Machines Corp., 613 F.2d 727 (9th Cir. 1979) ...... 7 Farmington Dowel Products Company v. Forster Manufacturing Company, 421 F.2d 61, 78 (1st Cir. 1970) ..... 10 Florida Power & Light Company v. FERC, No. 80-5259 (5th Cir., November 6, 1981) ............................... 6, 7 Florida Power & Light Company v. FPC, 404 U.S.

453 (1972) ................................................. 16 Gainesville Utilities Dept. v. Florida Power & Light Co., 573 F.2d 292 (5th Cir. ), cert. denied, 53 L.Ed.2d 424 (1978) ......................................... passim Hyman v. Regenstein, 258 F.2d 502 (5th Cir. 1958) ............... 10 Nat. Soc. of Professional Engineers v. United 's,

's States, 435 U.S. 679 (1978) ................................ 7

~~~ Of ficial Airlines Guide Inc. v. FTC, 630 F.2d 920 (2d Cir. 1980) ......................................... 7 Perma Research and Development Co. v. Singer,. 410 F.2d 572 (2d Cir. 1969) ......................................... 16 St. Paul Fire 5 Marine Insurance Co. v. Berry, 438 U.S. 531 (1977) ........................................ 4 The Evergreens v. Nunan, 141 F.2d 927 (2d Cir.

1944), cert. denied, 323 U.S. 720 (1944) .................. 8, 9, 10 Union Carbide & Carbon Corp. v. Niseley, 300 F.2d 561 (10th Cir. 1961) ........................................... 17 United States v. Bosurgi, 530 F.2d 1105 (2d Cir. 1976) .......... 13 United S tates v. Kramer, 289 F.2d 909 (2d Cir. 1961) . . . . . . . . . . . . 10 United States v. Johns-Manville Corp., 250 F.Supp. 440 (E.D. Pa. 1966) ............................................ 13, 16 United States v. Topco Associates, 405 U.S. 596 (1972) .......... 3 O '

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() United States v. United Shoe Machinery, 110 F.Supp. 295 (D. Mass. 1953), aff'd, 347 U . S . 5 21 ( 19 5 4-) . . . . . . . . . . . . . . . . 19 Yates v. United States, 354 U.S. 298 (1957) ..................... 9, 10 Agency decisions:

Alabama Power Company (Farley Nuclear Plant, Units 1 i and 2), ALAB-646, 10 NRC 1027 (1981) ....................... pasaim Consumers Power Co. (Midland Plant, Units 1 and 2),

{ ALAB-452, O NRC 892 at 1039 (1977) .....r................... passim Florida Power & Light Co. (0 pinion No. 57) 32 PUR 4th 313 (1979) ............................................. passim Kansas Gas and Electric Company et al. (Wolf Creek Generating Station, Uait No. 1), ALAB-279, 1 NRC 559 (1975) ........................................... 17 4

l Toldeo Edison Co. et. al. (Davis-Besse Nuclear Power 1

Station Units 1, 2 and 3) et_al., ALAB-560, 10 NRC 265 at 375 (1979) ................................... passim Toledo Edison Company et al. (Davis-S~e'sss~, Nuclear Power Station, Units 1, 2 and 3) LBP-77-1, 5 NRC 133 at 241 ........................................... 20 i

Miscellaneous:

Atomic Energy Act, 42 U.S.C. 5105 ............................... passim Clayton Act $4, 15 U.S.C. 515 ................................... 3, 4 6 Moore 's Fed. Prac. , 556.15[4] ................................. 16 6 Moore 's Fed. Prac. , 556.22[1] ................................. 13 Restatement, Judgments, Tentative Draft No. 4 (1977) ............ 10 l

l Sherman Act, 15 U.S.C. 51 ....................................... 2, 3 i

! Sherman Act, 15 U.S.C. 52 ....................................... passim l

42 U.S.C. 5105c ................................................. 18 l

O - 111 -

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UNITED STATES OF R4 ERICA NUCLEAR REGULATORY COMMISSION

)

() In The Matter Of )

)

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Florida Power & Light Company ) Docket No. 50-389A

)

(St. Lucie Plant, Unit No. 2) ) Florida Cities

) 1/26/82 FLORIDA CITIES' RESPONSE TO FLORIDA POWER & LIGilT COMPANY OBJECTIONS Pursuant to the December 11, 1981 Order of the Atomic Safety and Licensing Board in the above-captioned proceeding, Florida Cities hereby respond to those objections of Florida Power & Light Company ("FPL") on which the Company seeks oral argument (FPL Objections at 1-32). Cities rely on prior pleadings answering FPL's other objections (at 32-40).

A. Contrary To FPL's Objection, The Gainesville Decision Provides A 3 asis For Finding A Situation Inconsistent With The Antitrust Laws.

FPL contends that the Gainesville decision does not serve as basis for a finding of " situation inconsistent" because (1) the Gainesville conspiracy has ceased and (2) there is no showing of the " impact" of the conspiracy. The first contention misses the noint. The second misstates the facts and the law.

1. Cessation of conspiracy. Cities do not contend that Florida Power has continued to be part of a conspiracy with FPL. Cities do con-tend and FPL admits, even insists, that it desires unilaterally to continue to engage in the territorial restrictions which were the essence of the conspiracy. Throegh the deposition testimony of FPL Board Chairman Marshall Mcdonald 1/ and presentations of counsel in this proceeding, FPL proclaims

() 1/ See App. B at Tr.99-100 to Cities' " Motion To Establish Procedures,"

dated May 27, 1981.

that it sees no need to alter its behavior in light of Gainesville and will not veluntarily do so.

O There is no dispute that planning for FPL's nuclear units and FPL's other existing large and efficient base load units was undertaken prior to Florida Power's withdrawal from the conspiracy by consent decree in 1971. In refusing to make power f rom these plants available to those within the " Florida Power Corporation territory," FPL willfully seeks to maintain and reap the f ruit of its illegal activity. Thus, FPL's present actions are manifestly calculated to =aintain a previously established " situation inconsistent." 1/ Moreover, as the Board found, FPL has not only been adjudged a violator of $1 of the She rman Act, but also has been found to have monopoly power. Placed in the context of the obligations of FPL as a monopolist under 52 of the Sherman Act, FPL's attempt to maintain and/or enhance its retail monopoly by the continued assertion of practices that have been found unlawful in their conspiratorial inception is a violation of 52, as well as of the standards of the Atomic Energy Act. 2/

In its Objections FPL argues once again that there are business justifi-cations for its policy. It argues that "the addition of new wholesale loads to its system would increase the costs borne by all other customers."

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' s. (Objections at 5). As Cities have previously shown, FPL's purported justifi-cation is irrelevant as a matter of law and is inconsistent as a matter of fact with FPL's retail sales promotion, etc. 2/ In addition, FPL claims that, 1/ As'we show, infra at 19, the Appeals Board has repeatedly stated that the merc #act that a conspiracy has terminated is not of signific ince. What is significant--and what provides additional support for the Board's finding here

--is the fact that there is no evidence that FPL intends to abandon its anti-competitive scheme. Cf. Consumers Power Co. (Midland Plant , Units 1 and 2)

ALAB-452, 6 NRC 892 at 1032 (1977) (hereinaf ter 711dland").

2/ See Florida Cities' Reply, September 28, 1981, pp. 3-19. For example,

() there is ample evidence that while FPL did not want tn sell wholesale power to any Cities (inside or outside), it was happy to acquire tLem ano serve them at retail. See the striking deposition testimony of FPL Vice President Ben H.

Fuqua, at App. A to Cities' Reply Memorandum to FPL, id.

I

1

! ia any case, "it is rare for electric utilities to sell wholesale power to l

other utilities that are not adjacent ..." (Objections at 6). --1/ But FPL does

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U not suggest that any of the utilities it would refer to have engaged in con-spi actes or other unlawful acticas to limit service and have continued the discrimination foilcwing judgment.

2. Impact of conspiracy. FPL states that the Board cannot rely on the Gainetville decision as a basis for imposing license conditions compelling FPL to sell wholesale power because no " impact" has been shown. FPL's posi-tion amounts to an argument that this Commission cust investigate the actual competitise hara resulting f rom a violation which is illegal per sji under the Sherman 1.ct before it can find a situation inconsistent. This is simply not the law, and so the Appeals Board found:

We reject categorically ... [the applicant's] assertion that we may not condemn their territorial agreements with other utilities without assessing their actual impact on competition. An agreement between competitors to divide markets territorially is illegal per se,.

United States v. Topen Associates, 405 U.S. 596 (1972);

Gainesville Utilities Dept. v. Florida Power & Light Co., 573 E.2d 292 (5th Cir.), cert. denied, 53 L.Ed.2d 424 (1978). Therefore it is unnecessary to inquire into its actual effect on the market in question.

Toledo Edison Co. et al. (Davis-Besse Nuclear Power Station Units 1, 2 and 3)

ALA3-560, 10 NRC 265 at 375 (1979) (hereinafter " Davis-Besse"). In Davis-Besse, the Appeals Board found a situation inconsistent on the basis of the per se illeg2l agreements and granted relief, without making the sort of inquiries FPL would now have the Board undertake. 2/

1/ It appears that FPL has discriminatorily refused to deal with some Cities

" abutting .. a rural electric cooperative or portion thereof which is supplied at wholesale by FPL .." That is one of FPL's own alternative criteria for service. See Florida Cities' Objections, January 14, 1982, pages 21-22.

2/ FPL's argument seems to encompass the idea that, to obtain relief, Cities mast make the sort of showing they would have to make to be entitled to

() damages under 54 of the Clayton Act. The Appeals Board rejected this argument in Midland where it noted that requirements associated with a showing under 54 3 FOOTNOTE CONTINUED ON NEXT PAGE

Furthermore, the evidence proves " impact" from the conspiracy. As opinion 57 found, the conspiracy has artifically constrained the development O of the wholesale market in Florida; and " actual competition has been inhibited by FPL. " 32 PUR 4th 323, at 523. FPL can hardly argue that it has ao com-petition when it has acted to stifle it. 1/

Other arguments raised by FPL are likewise beside the point and at odds with the facts. FPL states that there is no evidence that Cities would have

1pproached FPL to purchase wholesale power, and that their ability to compete

' was impaired without it. In view of FPL's well known policy of refusing to wholesale, e.g., as testified to by Mr. Fuqua and FPL President Fite, the .

argument ill-behooves FPL. On previous occasions, the Appeal Board luis found that specific requesta are not required under such circumstances, Midland, FOOTNOTE CONTINUED FRCS PREVIOUS PAGE

-- in that instance, a specific demand for service -- were not relevant to the 3 determination of whether an antitrust violation exists itself. Midland,--

supra, 6 NRC at 1039 (1977) As the Board recognized, focusing on questions which af have relevance under 54 only obscures the core question which the Board ust resolve before granting relief, that is, whether a situation incon-sistent exists.

FPL misinterprets the Farley decision. In Alabama Power Company (Farley __

Nuclear Plant, Units 1 and 2), ALAB-646, 13 NRC 1027 (1981), (hereinafter "Farley"), the Licensing Board held certain non generating municipals ineli-gible for an order requiring the applicant to offer them nuclear ownership participation. However, all entities including those municipals, were granted relief from various company-asserted restrictions on wholesale and other bulk power services. Id. at 1109.

1/ Despite FPL's action to limit the wholesale market in Florida, FPL has admitted competition between FPL and "outside" Cities. See e.3., Cities'

" Motion," Doc. 84, in which FPL expressly recognizes Tallahassee as a com-peting seller of wholesale power. See also, of course, the competition for purchases and sales in the " power broker." (Oral argument, Tr. 1251, 1298, 1326-1329). Moreover, there is no reason to suppose FPL and Cities must be in a competitive relationship with each other for Cities to prevail against the maintenance of a market division that was established by a conspiracy. In St. Paul Fire & Marine Insurance Co. v. Berry, 438 U.S. 531 (1977) the Court found that an agreement among insurance companies that restricted doctors to purchasing insurance from one company (as here, where Cities have been effec-() tively restricted from all but one supplier) was illegal even though the boycotters and the ultimate target were not in a competitive relationship with one another.

supra, 6 NRC at 1038-1040. In fact, however, outside Cities have requested and been denied wholesale power f rom FPL (see App. A, Docs. 1, 2). Further-more, outside Cities do purchase wholesale power (f rom Florida Power), and there is no suggestion that they would not have benefitted from the availabi-lity of a competing source (either by purchasing it, or by the competitive effect on the terms and price at which it is available f rom Florida Power).

FPL, citing the Bivans affidavit, contends (at 8) that during the period of the Gainesville conspiracy "FPL was disinclined to sell wholesale power outside its service area because of other demands on its system." However, as noted above, FPL has admitted that it was simply disinclined to sell wholesale power to any municipal system because, as FPL's Fuqua spelled out on depost-tion, supra, p. 3 f n. I at Tr. 20, 21, it feared the effect of competition on its retail monopoly. As to the "other demands on its system," FPL continually of f ered to acquire municipals and serve them at retail, while it refused to sell to them at wholesale see, Florida Power & Light Co., Opinion 57, 32 PUR 4th 313 (1979). Furthermore, during the 1950's and 1960's, FPL was not only actively promoting industrial and residential load (see App. A, Doc. 3), but also seeking to eliminate the " competitive threar" of self generation within its service area by turning industrial self generators into FPL customers (App. A, Docs. 4, 5).

B. Contrary To FPL's Objection, Opinion 57 Provides A Basis For Finding A Situation Inconsistent.

i FPL next says Opinion 57 provides no basis for fin,'ing a situation incon-sistent because (1) FERC did not find that FPL acted anticompetitively; (2) collateral estoppel is not applicable to " evidentiary facts" and (3) the Board has ignored the "p re sent availability of wholesale services."

1. Findings of anticompetftive r_onduc'.. FPL's first argument is, again, not new. The FERC is not empowered to find violations of the antitrust law, and therefore in Opinion 57, disclaimed any attempt to do so. The FERC

is required to consider antitrust laws in its enforcenent of its "public interest" =andate. In doing so, it found and recounL4d an abundance of " anti-competitive conduct" by FPL.

As Opinion 57 spelled out, in the proceeding leading to opinion 57,

"(T)he allegations and evidence of staff and the intervenors together with the associated responses of the company have coalesced into issues typically exa-minad in the context of a monopolization case under Section 2 of the Sherman Act." 32 PUR 4th at 315. The FERC expressly found that FPL had engaged in "anticompetitive conduct." 32 PUR 4th at 326 and 340. F"L states (at 11) that the Comaission "did not possess 'an extensive record on the past conduct of (FPL) towards its customers or its intent in establishing or maintaining a restrictive rate provision. ' (Id. at 326)." FPL has mischaracterized Opinion

57. While the FERC said that it was not always "necessary in our delibera-tions to have an extensive record on the past conduct of a utility ..," etc.,

the FERC went on to state what FPL has failed to note: "In the case before us a full record has been compiled . . . the testinony of witnesses presented by l staff and cities is a summary recapitulation of hundreds of pages of corre-spondence and internal company documents co-tained in over 200 exhibits ... "

~s(Id.). The bulk of the opinion, as FPL again fails to note, is a recounting N

of the evidence of "anticompetitive conduct," 1/ 32 PUR 4th at 326 and 340 to which, as tae Commission noted, FPL's response "is essentially a demurrer."

(32 PUR 4th at 326).

FPL further argues that its assertions regarding the scope of opinion 57 were confirmed by the Fif th Circuit in Florida Power &_ Light Co. v. FERC, No.

t 80-5259 (5th Cir., November 6, 1981). The Court stated that a reference to 1/ FPL's reference (at 11) to the Opinion's recounting of "a history of f ric-tion between FPL and certain municipal systems" may be the closest FPL can O come to acknowledgi .g what the Commission itself termed "anticoopetitive conduct." This is a further manifestation of FPL's recalcit cance in the face l of final orders by court and commission.

l

Opinion 57 in the Commission's transmission order "did not amount to a finding

[in the order under review} of any specific anticompetitive activity or of any

}

antitrust violation" so as to justify the remedy in the order under review.

Slip opinion pp. 12820-12821. Whether or not Opinion 57 arguably justified the particular transmission remedy in the subsequent order -- the FERC's powers to require transmission are circumscribed -- there can be no dispute [

that opinion 57 expressly found a broad array of "anticompetitive conduct."

Transmission ' relief is more generally lef t to antitrust courts (see FPL v.

< FERC, at 12817) and to the NRC under $105 of the Atomic Energy Act, 42 U.S.C.

42135 see Davis-Besse, supra, 10 NRC at 287-295 including item 3 in fn. 60 at 288-239.

FPL again claims 1/ that its refusals to deal may be justified by

" legitimate business reasons" and says that FERC made no effort to consider whether FPL's actions were justified by legitimate business reasons.

"Indeed," says FPL (at 12) "FPL lacked a meaningful opportunity to offer testimony about the business justifications for its conduct." FPL's conten-tion is groundless. The essence of FPL's case in Opinion 57 was its claim that the restrictions were required by operational constraints and that it was 1/ FPL cites Official Airlines Guide Inc. v. FTC, 630 F.2d 920 (2d Cir. 1980) and California Computer Products Inc. v. International Business Machines Corp.,

613 F.2d 727 (9th Cir. 1979). Neither are on point. In Official Airlines Guide, a case arising under $5 of the Federal Trade Commission Act, the i

publisher of an airline scheduling book without any coercive action had l

refused to deal and (a) there was no ef fect on competition in its own market or an adjacent market in which the monopolist also engaged (either in the form of a benefit to the monopolist or impediment to its competitors) or (b) proof of anticompetitive purpose or intent. In Opinion 57, FPL was directly engaged in conduct which af fected competition in its market; in such circumstances, Official Airlines Guide specifically recognizes " lack of anticompetitive in-tent will not ... justify a monopolist's arbitrarily injuring competition ..."

i Id. at 926. Cal-Comp, holds that a monopoly is free to act pro-competitively, l but states that a monopoly violates the law if it acts to unreasonably restrict trade. No specific intent is required, contrary to FPL's suggestica.

Indeed, even under the Rule of Reason, the true test of legality is whether O the restraint merely regulates and perhaps promotes competition or whether it is such as may suppress or even destroy competition. National Society of Professional Engineers v.ited States, 435 U.S. 679, 691 (1977).

                                                                -S-sufficient for FPL to of f er higher priced, shorter term service.

As the Commission found, at 32 PUR 4th 336, the difficulty with FPL's k O attempted justification based on alleged operational restraints was that "it has virtually no record support and is based on a few conjectural statements by company witnesses." FPL's proposed alternative of a higher priced lessar service was rejected by the FERC as no def ense: "Such offers to sell at i= practical prices and terms have been construed as unlawful refusals to deal, when done to further monopoly power." 32 PUR 4th at 339. In short, FPL busi-ness justificatica defense has not merely been tried and found wanting, but its substance has been characterized as "anticompetitive." 32 PUR 4th at 339. .

2. Evidentiary facts. FPL contends (at 14) that the FERC "never concluded that FPL had engaged in anticompetitive behavior" and chat the FERC's na rrative of " evidentiary" f at'.s in Opinion 57 is therdfore "not entitled to collateral estcppe? effect." FPL is in error. The tiencluded expressly that FPL had engaged in "anticompetitive conduct." 32 PUR 4th at 326, 340; see Argument B1, above. FPL's anticompetitive conduct was one of the ultimate facts found in the FERC proceeding, just as it has been one of the ultimate facts found by the Board in this NRC proceeding. The facts x narrated by the FERC were necessary for its conclusion. Therefore, according to established standards of collateral es uppel, those facts are conclusively established.

FPL invokes The Evergreens v. Nunan, 141 F.2d 927 (2d Cir. 1944), cert. i denied, 323 U.S. 720 (1944). That case is of no avail to FPL. There, the taxpayer's basis for improved parcels had been valued at $1.55 per square foot in a prior case. In the second case, the taxpayer attempted to force the Internal Revenue Service to value other, partially impros ad parcels at $1.55 less the cost of fully improving the parcels; but the Court declined to estop O the Internal Ravenue Service f rom taking a more direct apprcach to valuing the partially improved parcels.

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In its Evergreen decision, the Second Circuit observed a distinction bet-seen " ultimate facts" and " mediate data" (sometimes called "evidentiar'v () facts"). The Court discerned no mediate data in the prior suit that would compel any conclusion about the value of partially improved parcels in the accond suit. 141 F.2d at 929, 930-931. .;othing there has the slightest bearing on the prob'.ty of Opinion 57 in the proceeding before the NRC. FPL also cites (at 14) Yates v. United States, 354 U.S. 298 (1957). -m; of the defendants in Yates had been the subject of a denaturalization pro-ceeding years before, where it had been found that he had not, prior to 1927, adopted an interpretation of the Conmunist Party's teachings featuring

         ' agitation and exhortation calling for present violent action."                           364 U.S. at 336. The Supreme Court held that legal issues, the times and circumstances, etc. were different in tact prior naturalization proceeding than in the Yates case, so that collateral estoppel could not apply.                           Furthermore, the Supreme
                        ~

Cotrt held that;'the deTendant was not entitled to have the prior findings pre-sented to the jury as an evidentiary instruction. As the Supreme Court stated, "merely evidentiary" facts are not entitled to collateral estoppel. 354 U.S. at 338. "That doctrine makes conclusive in subsequent proceedings only determinations of fact, and mixed fact and law, that were essentia l to the decision." 354 U.S. at 336. The facts as decided in opinion 57 were not merely evidentiary, but were essential to the FERC's decision and have a direct bearing on the ultimate facts found by the Board in this proceeding. Collateral estoppel therefore applies. In any event, the distinction in Evergreens and in Yates between ultimate f acts and mediate data (or evidentiary facts) has not proved workable. For exanple, the Restatement, Judgments (cited by FPL at 14) originally relied on Evergreens. However, the Restatement has been redraf ted to criticize and reject the Evergreens distinction. Restatement, Judgments, Tentative Draf t No. 4 (1977): -

Such a formulation is occassionally used to support a refusal to apply the rule of issue preclusion when the refusal could more appropriately be based on the lack of () similarity between the issues th the two proceedings. If applied = ore broadly, the formulation causes great difficulty, and is at odds with the rationale on which the rule of issue preclusion is based. The line between ultimate and evidentiary facts is of ten impossible to draw ... The appropriate question, then, is whether the issue was actually recognized 1 f the parties as important and by the trier as necec.;ary to the first judgment. If so, the determination is conclusive between the parties in a subsequent action, unless there is a basis for an exception undet P~3.1 .. 1/ Subsequent cases note Evergreens and Yates but rule on bases different from the distinction between ultimate facts and nediate data. Hyman v. Regenstein, 258 F.2d 502, 310-511 (5th Cir. 1958): Judge Hand in Svergreens v. Newman, limits the doctrine to

               " ultimate facts" as opposed to " mediate data." Ultimate facts are "those facts, upon whose combined occurrence the law raises the duty, or the right, in question." We would state the limitation, and apply it to this case:

collateral estoppel by judgment is applicable caly when it is evident from the pleadings and record that determination of the facts in question was necessary to the final judgment and it was foreseeable that the facts would be of importance in possible future litigation ... See also United States v. Kramer, 289 F.2d 909, 917 (2d cir. 1961), which quotes the formulation la Hyman and acknowledges problems with the Evergteens i formulation; Farmington Dowel Products Company v. Forster Manufacturing Co._, 421 F.2d 61, 78, 79 (1st Cir. 1970) which would give collateral effect to i l those facts essential to dispo'sition of the previous case.

3. Availability of wholesale service. Finally, FPL would have the Board focus on the "present avaliability of wholesale services" to inside and adjacent Cities. That availability would hardly seem to avail FPL, since an essential element of the continued availability is its caintenance of the

() 1/ We attach a copy of the pertinent comment j (revising former comment p) to Restatuent, Judgments, 568, Tentative Draf t No. 4, and the related Reporter's Note includ!ng cases recited by the Reporter (App. B).

territorial boundary set by the Gainesville conspiracy. The Board has indeed focused on FPL's present wholesale policy; as the Board's order found, the O territorial discrimination that characterizes the present availability of FPL i service requires relief. C. Contrary To FPL's Objection, The Evidence Of Joint Activity Provides A Basis For Finding A Situation Inconsistent. FPL objects to the Board's analysis of FPL's participation in joint acti-vities with other utilities. FPL alleges that (a) the analysis is contrary to the conclusion of Judge King; (b) the analysis is contrary to the testinany of WPL employees; and (c) in any case, the finding does not constitute evidence of a " situation inconsistent."

1. Judge King's order. The Board's basis for disagreement with i

Judge King's finding is expressly spelled out in the Board,'s order. Cities respectfully note that this Commission is an expert agency with specialized jurisdiction over the utility industry. In particular, the Board's analysis of coordination among Florida utilities is made in the context of not only the special expertise of Board members, but the expert consideration that the Commission and its Boards' have given the question of coordination in prior antitrust review proceedings, cf. Midland at 949-952, 1051-1078.

2. Assertions of FPL employees. FPL next claims that the Board's e

conclusions cannot "be squared with the sworn statements of FPL officials that planning studies with other utilities played no part in FPL.'s decisions con-cerning new generating capacity." (Objections at 19). First, document and deposition testimony show that the FPL officials referred to are simply not competent to provide the testimony on which FPL l l would rest its objections. Second, FPL does not or cannot deny that coor-i dination activities, including reserve sharing and interconnection, permitted O FPL to build less generation than otherwise required and, by the same token, directly affected FPL's generation planning. Third, FPL's contentions are

simply contrary to FPL's documentary and testimonial admissions, as found by the Board's order and illustrated further here.

a. Competence. '4hile FPL ref ers to the statements of
    " officials," the sole " official" it relies on is Ernest Bivans, currently an FPL Vice President.          (It also provides passing reference to Messrs. Gardner and Fite, but these individuals admitted having no involvement with the Florida Operating Committee in the relevant period,            i.e.,  1960-1970. 1/

M r. Bivans' affidavits make numerous broad assertions about FPL's planning in the 1960's, including, in particular, the relationship of FPL's planning to the activities of the Florida Operating Committee. A reader of the affidavit might conclude that Mr. Bivans had intimate familiarity with the planning of FPL's nuclear units and the activities of the Florida Operating Committee. In fact, documents and Mr. Bivans' deposition show otherwise. o Mr. Bivans was not personally involved in the formation of the Florida Operating Committee (Deposition of Ernest Bivans at Tr. 52, App. A, Doc. 9). o In the period f rom the formation of the FOC in 1959 through 1972 Mr. Bivans attended less than a third of meetings of the FOC and was not routinely copied on FOC related coccunications (see App. A, Docs. 10, 11). 2/ 1/ Mr. Gardner has testified that he has never been personally involved in the activities of the Florida Operating Committee (FERC Docket No. ER78-19 (Phase II) at Tr. 471 and 313, attached at App. A, Doc. 6). However,.he wrote

to Orlando in 1976 that

It is my belief that we have a power pool in Florida as a result of the network of bilateral interchange agreements, the adoption of the Florida Operating Committee Handbook, the joint agreement f orming the FCG, and at least 15 years of actual opera-tion and coordination of generation and transmission planning (emphasis added). See App. A, Doc. 7. See also Deposition of Robert Fite, App. A, Doc. 8 at Tr. I 17 (stating he did not work with the FOC). j/ According to paragraph 10 of Mr. Bivans' supplemental af fidvait, he was O. FPL's representative on the planning committee which issued the 1960

       " coordinated plan" relied on by the Board. The affidavit is misleading. As shown at App. A, Doc. 12, Mr. Bivans was replaced on the committee by Mr. Buchanan, who signed the report for FPL.

l

o Mr. Bivans did not recall attending meetings at which key coor-dinating plans were discussed and there were clearly many planning subcommittee meetings he did not attend (App. A, Docs. 13, 14). o In preparing his initial affidavit, Mr. Bivans had not under-taken to review the FOC studies at issue, nor had he discussed them with Messrs. Buchanan, Street or Page, key FPL represen-tatives on the FOC and its study committee (App. A, Doc. 15). o During the 1960's, decisions on FPL generation planning were made by Board Chairman MacGregor Smith (App. A, Doc. 16 at Tr. 6). Mr. Bivans may have been among those consulted, but was evidently privy neither to the entirety of the decisionmaking process, nor the basis for final decisions (App. A, Doc. 16 at Tr. 177-181, 363). o Mr. Bivans was unaware of documents showing the Florida Operating Committee's exclusion of smaller systems and unaware of proposals for expansion of the membership to include these systems and admitted he could have been abeent during discussion of these matters ( App. A, Doc. 17). 1/ (ltem 8 at 25 of FPL's Objections is a non sequitur, since FPL's

                      " knowledgeable officials" are not knowledgeable.)

b.

                                         \

Coordination bene?tts. Mr. Bivans does not and cannot deny that (1) the reserve sharing and interconnections permitted FPL to build less generation than if it operated alone and (2) FPL's timing of its nuclear units in fact required FPL to rely on generation of others. N FPL's recognition of the relation of interconnections to generation was s

                                                                                               %C most recently stated in a 1981 rate filing.        As FPL put it$                       -

Interconnections are also considered in determining generation reliability since they have the same effect as increasing the amount of generation available to a company ... Because et these [FPL's] interconnections, FPL Co. has been able to maintain lower generating ( reserves while at the same time maintaining an equiva-

                                                                                - - - ~ ~

lent level of reliability for its customers (App. A, Doc. 18, see also Doc. 20). 1/ A genuine issue of fact is not established by submisalon of an affidavit made by one who lacks personal knowledge of the facts which the af fidavit See, Moore's Fed. Prac. $56.22[1] at 1306. As we show ! would assert as true. supra, Mr. Bivans lacks the requisite knowledge to attest to the facts recited in hia affidavit. Accordingly, that affidavit should be ignored for purposes of this motion, United States v. Bosurgi, 530 F.2d 1105 (2d Cir. 1976), () reversing grant of summary judgment for defendant because affiant did not have personal knowledge of the events attested to; United States v. Johnsdianville Corp., 250 F.Supp. 440, 456 (E.D. Pa. 1966), striking portion of affidavit relating to matters discussed at meetings which affiant did not attend.

i .l FPL expressly did build interconnection / transmission facilities in order to purchase power from others in lieu of building additional generation (App. A, ! ' Docs. 21, 36). As shown at App. A, Doc. 19, in 1956 Mr. Bivans himself pre-f pared a budget justification for the construction of transmission facilities i ! required to purchase power which FPL needed to meet peak load. See also App. A, Docs. 20, 21, 36. FPL =ay claim it did not expressly plan to rely on others in its nuclear planning and development, 1/ but as the Board explains, it planned with knowledge of benefits it could obtain from others and it did in fact rely on 1 ,i them: _2/

a. As shown by FPL's Form 12 filings with the Federal Power Commission (App. A, Doc. 22), in 1968-73 (when FPL's operating nuclear units were under construction) FPL was a net purchaser of power at the time of FPL's system peak. Thus, FPL relied on others to meet peak during the relatively

, long period required for construction of nuclear units. Moreover, as shown by

App. A, Doc. 23, FPL planned to rely on purchased power from others during I

this period and, as the Form 12s show, did so.

b. As shown in App. A, Doc. 25, which discusses projected state l power availability for 1970, F0C members circulated critical planning infor-mation among themselves on a confidential basis, including information on reserve projections. Thus FPL, in planning for 1970 power purchases as l

t 1/ FPL now submits, as an appendix to its Objections, an admittedly incomplete assortment of planning documents to support the proposition that it - did not consider the plans of others in building nuclear. In fact, as showa above, the construction of FPL's operating nuclear units did rely on the purchase of power f rom others. (Key documents showing FPL's planned reliance on power purchase (App. A, Docs. 23, 24, 27-32) are not included by FPL in the appendix.) In any case, the documents submitted >y FPL should not be expected to spell out the coordination assumptions involved in FPL's nuclear plans, for they are not only incomplete, but in addition, during that period FPL's final planning assumptions evidently were clearly known only to Board Chairman O Smith, and not necessarily documented (App. A, Doc. 16 at Tr. 6). i 2/ FPL's objection in item "8" at 25 to the use of 1974 documents ignores con-temporary (1960's) admissions, as noted above. 1

referred to above, was advantaded by information on purchase power availabi-lity that non-members (including Cities) lacked. For other documents showing O FPL's reliance on other utilities in this period, see App. A, Docs. 27-32.

c. Admis s io n_s. To the extent that FPL would rely on Mr.

Bivans, notwithstanding the foregoing, his testimony is besides the point and belied by further testimony and/or documents; including statements by all three of ficials FPL would rely on. I j According to FPL (at 20), "Mr. Bivans categorically stated that indivi-dual generation plans were neither modified nor even discussed in the course of the joint studies." M r. Sivans' own deposition testimony flatly contra-dicts the af fidavit. Mr. Bivans testified that the system planning subcommi:- tee of the Florida Operating Committee "ran studies to coordinate each utility's plans to see how they worked together." If the study group "found any weaknesses at that point" the members would " weed it out." (App. A, Doc. 33 at Tr. 51).

                                                                                      \

FPL Vice President Gardner also expressly testified that FPL modified its plans in light of the plans of other FOC members. A. Each company planned its transmission indepen-dently. It is my understanding it coordinated transmission with each other through the Florida Operating Committee. Q. When you say, " coordinated," was it in any way modified to meet the plans of the neighbors? A. I am sure they must have been, if they had interconnections that developed. I I think the need for modifications was identified by the Florida Operating Committee. I think once the need was identified, then the parties themselves pro-ceeded with changes in their plans or to work out other a rrangements. App. A, Doc. 6 at Tr. 472, 473. See also Florida Cities Supplemental Memorandum, dated September 14, 1981 at Doc. 11. As quoted at 30-31 of Cities' Motion to Establish Procedures, FPL President Fite told stockholders that FOC " objectives are to plan and operate our individual systems and facilities as though they were one integrated sta-

tewide, 240 KV traassission grid." FPL also ignores deposition testimony of f George Kinsman, FPL engineering Vice President during the 1950's and 1960's O that the members of the Florida Operating committee operated their systen "as one system." (App. A, Doc. 34, Kinsman deposition, Tr. 293-294). Under such circumstances, the 31 vans affidavit cannot reasonably be found to raise a genuine issue of fact. In Perma Research and Development Co. v. Singer, 410 F.2d 572 (2d Cir. 1969) the Court granted summary judgment in the face of an affidavit apparently raising an issue of fact, noting If a party unu has been examined at length on deposition could raise an issue of fact simply by submitting an affidavit contradicting his own prior testimony, this would great 1-1 diminish the utility of summary indgment as a procedure for screening out sham issues of fact. Id. at 573.1/ and see also United States v. JohnsMianville Corp., supra at 456, according greater weight to deposition testimony than affidavits in con-sidering a summary judgment motion. D. Contrary To FPL's Objection, The Board's Findings On Monopoly Power Are Fully Justified. FPL contends that the Board's findings on FPL's monopoly power are in conflict with Judge King's findings. 2,/ 1/ FPL's assertion is all the nore incredible in light of formal documents submitted to the FPC and never amended by FPL which admit to joint planning, see order at 39, 40. There is no more reason to grant credence to Mr. Bivans' assertions here than there would be in a comparable situation, i.e., when a court grants a directed verdict. Cf. Gainesville v. Florida Power & Light Co., 573 F.2d 292, 301, fn. 14 (5th Cir. 1978): "The officials of the power

    'cd2panies deny the existence of a territorial agreement but '[w]here such testimony is in conflict with contemporaneous documents we can give it little weight, particularly where the crucial issues involve nixed questions of law and fact. " See also 6 Moore's Fed. Prac., $56.15[4] at 522.

2/ In the course of its objections to the Board's findings on monopoly power, FPL states that "it is undisputed that municipal utility systems ... have access to bulk power sources outside Florida." Objections of FPL at 28. This is simply not so. The Supreme Court found that ties between peninsular Florida and other states were such that the state operated virtually in isolation; FPL v. FPC, 404 U.S. 453 (1972). FPL's own documents suggest the () market can not encompass areas beyond peninsular Florida and Cities have con-sistently contended that the geographic market does not extend beyond penin-sular Florida, see Cities' Motion To Establish Procedures at 30-43; 50-53; 59-74; 91-93 and documents cited there.

As detailed in Cities' objections, the question of market (and monopoly power) was simply not before Judge King when he ruled on FPL's summary O judgment motion. The Board's finding of FPL's monopoly power in f ts re tail area relies on the market analysis in opinion 57. That analysis fully com-ports with extensively reasoned precedent before the NRC and is soundly based in fact. 1/ E. Contrary To FPL's Objection, The Board Findings As To Nexus Are Fully Justified. FPL argues (at 31) that the Board fails to identify the requisite " nexus" between the situation inconsistent and FPL's activities under the license. FPL contends that "all of the practices that the Board found objectionahic ... were die:ontinued years ago" so that "they are of limited relevance in deter-mining the antitrust consequences of future activities under the l' cense." M o re o ve r, says FPL, none of the practices " relates directly" to construction or operation of FPL's nuclear units. FPL has simply re-cast old arguments rejected on previous occasions by the NRC. Nexus is not disproved by discontinuation of a practice or by its indirect relation to construction or operation of the plants. Moreover, stating that violations do not relate to " future activities" simply miscon-strues the scope of the Board's duties under the Act. So the Appeal Board has found, stating in Kansas Gas and Electric Company et al. (Wolf Creek Generating Station, Unit No. 1), AI.AB-279,1 NRC 559 (1975): j ," The applicant in the case at bar would have us construe (M) W

                       ' activities under the license' in section 105c as foreclosing inquiry into whether it has engaged in anti-Li                    competitive conduct which is not traceable immedittely and directly to operations of the licensed nuclear faci-t 1/ Judge King's findings need not preclude the existence of other relevant markets for antitrust analysis, and should not be read to do so in the face of Opinion 57, and precedent before the Board which find that " wholesale bulk power," " coordination" and " retail firm power" are relevant markets, see e.g.,

Midland at 949, and at 973, noting that " coordination" power is e separate

        " factor of production" and hence ferms a distinct product marker, citing Union Carbide & Carbon Corp. v.       Niselen 300 F.2d 561, 585 (10th Cir. 1961).

lity itself. It maintains this position evsn though such conduct might enhance its ability to use nuclear-generated power to the disadvantage of competitors .. . O. [t]he section cannot be fairly read to bear the meanirg applic ant ascribes to 10... The words of the statute upon which the applicant relies direct ?.he Coemission to consider not only 9hether 3 ranting a license would ' create' an anticompetitive situation but also whether it would ' maintain' one. Thus, to the ext'ent the applicant's argument suggests that the Commission's cognizance under section 105c is limited to anticompetitive consequences directly attri-butable to applicant's use of the nuclear plant and its output, it makes no sense. l Id. at 568.

                ...  [T]he Commission's statutory obligation is to weigh the anticompetitive situation -- which to us means that operations in an ' air tight chamber' were not intended.

A review conducted under the artificial restraints " suggested by the applicant would allov long understood and well recognized patterns of anticompetitive conduct to evade Co= mission notice.... Id. at 572 (emphasis in the ori dinal). These findings have been reiterated in the Appeals Board decisions involving the :lidland, 1/ Davis-Besse 2/. and Farley ,3/ p? ants. In the Davis-Bessi opinion, the Appeals board directly conf ronted a claim that old territot *:1 conspiracies were irrelevant because no longer in existence. The Appeals Board, adopting the findings of the Board below stated: [W}e cannot accept Applicant's arguments that, once the territorial allocation agreements end, their ef!ucts are negated. Applicants recognize the phenomenon in the electric industry of 'one time competition;' that once acquired, utilities ' serve forever a new customer.' It requires no analysis, it is axiomatic, that, with this factor in the industry, territorial and customer alloca-tion agreements cause rigidity in the market. The longer they are in force, the less they are needed. Id. at 10 NRC at 309-310. 1/ Consumers Power Co., sup ra , 6 NRC at 917, 1098. () 2/ Toledo Edison Co., s up ra , 10 NRC at 290-294, 354, 395. 3/ Alabama Power Co. , sup ra , 13 NRC at 1042-1044, 1097-1102, 1106.

In Farley, the Commission found that the cessation of anticompetitive activity provided no basis for dispensing with otherwise appropriate remedial O requirements, id., 13 NRC at 1107. Indeed, Farley gr.:nted relief f r.oc bulk power restrictions, relief that ran in favor of all systenc, including systems not granted participation in the applicant's nuclear units, id. at 1109. FPL's contentions are in sum unsupportable 1/ and can not disguise the fact that here there is nexus between the situation inconsistent and the

        " activities under the license" as that term has been interpreted in Wolf Creek, Midland, Davis-Besse and Farlev.

With regard to the issue of nexus in this case, the Board specifically found that auclear units are cost efficient producers of electricity. In addition the Board found that FPL conspired with Florida Power Corporation and that an unconditioned license, au requested by FPL, would permit the Company to continue to effect that division (Order at 47, 43) and continue to deprive

                                                                      ~
                                                                              ~ ~ ~
  .____ Cities of a competitive environment (Order at 48).                -

la this situation (as the Board recognized) granting the license sought s by FPL would patently maintain the division FPL illegally created, by con-blaing access to FPL's generation to "inside" and " adjacent" Cities. This Board has previously found that such territorial restraints establish a direct s relationship between the situation inconsistent and operation of the s 1/ FPL contends that there can be no nexus because the Board found, at 33-34, l " hat there is ao evidence defendant took af firmative action to block outside Cities from participating in nuclear generation, and that its refusal to allow Tallahassee to partigipate in its nuclear plant has not been shown to be anything but a sound business judgment. FPL is wrong. First, FPL's other restrictive activities vould in any event provide a basis for finding nexus as described above; second, the fact that a monopolist has acted on the basis of scund business judgmuntt is not dispcsitive since (a) even ' honestly industrial" practices, engaged in by 3 monopoly may violate 52, United States v. United Shoe Machinery, 110 F.Sup,w 295, 344-345 (D. Mass. 1953), aff'd, 347 U.S. 521 (1954); (b) even otherwise lawful acts, if part of aa unlawful scheme may violate the antitrust laws, American Tobacco Co. v. United States, 147 F.2d () 93, 107 (6th Cir. 1944) aff'd, 328 U.S. 761 (1946), Davis-Besse, 10 NRC supra at 376, 377, Midland, supra at 912 and (3) the Board's findings are not as FPL seems to imply, final [see Cities' Objections, January 14, 1982). I

i applicant's nuclear plant Toledo Edison Company et al. (Davis-Besse, Nuclear Power Station, Units 1, 2 and 3) LSP-77-1, 5 NRC 133 at 241, 242. No addi-tional hearing is required. ' i It is further manifest that allowing FPL to improve its system economies, while continuing to deny Cities a competitive environment, will =aintain the

situation created by the illegal territorial division. As the Appeals Board found in similar circumstances in Midland, that is enough to establish nexus i between the violatior. 2nd the operation of the plants. 1/

CONCLUSION

                'iHEREFORE, _ Cities conclude that objections made by FPL should not be granted.

Respectfully submitted, i Robert A. Jablon Alan J. Roth Daniel Guttran Joseph Van Eaton I January 26, 1982 Sy MN( /' f Attorneys for Florida Cities Law offices of: Spiegel & McDiarmid 2600 Virginia Avenue N.W. Washington, D.C. 20037 1/ Ia addition, other findings made by the Board, considered together or j separately from the wholesale market division, outline " situations incon-sistent" which justify relief. The Board has found FPL had refused to sell or i resisted sale of firm power to Cities, and described tactics through which the , Company denied small systems access to economies of scale (Order at 47); that ! FPL sought to acquire systems; and that its whelesale and retail monopoly ! power could only increase (Order at 22); that FPL had obtained benefits from I coordination not enjoyed by Cities (Order at 47, 22). These may be compared to Board findings in Midland, 6 NRC at 1031-1066, 1085-1090, 1079-1085 where the Board granted relief based on a pattern of acquisitions, refusals to coor-I dinate (including refusals to share reserves, and exclusion of systens from the statewide pool) and acts which prevented systems from developing economic , generation. The Board found a nexus because small systems had been prevented l f rom developing the most economical resources by Consumers' acts, and because  : the increase in Consumer's efficiency which would result from installing ef fi-0 cient nuclear units would increase the opportunity for the company to abuse its power. Id. at 1095, 1096. See also, Farley, supra at 1103-1110 (restric-tion of bulk power sources justifies relief) and Davis-Besse, supra at 395-393.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O In The Matter Of

                                                            )
                                                            )

Florida Power & Light Company ) Docket No. 50-389A

                                                           )

(St. Lucie PlJst, Unit No. 2) ) Florida Cities

                                                            )   1/26/82 1

INDEX TO APPENDICES  ; APPENDIX A Document (s) No. 1 Letter, dated 12/4/81, J.T. Danforth, Kissimmee Utilitiea Director, to R.J. Gardner. 2 Deposition testimony of Ernest C. Somers, St. Cloud, taken in Lake Worth Utilities Authority, et al. v. FPL, Case No. 79-5101-CIV-JLK, U.S. Dist. Ct., Southern District of Flcrida, 11/18/81, Tr. 47-50, 73-74. 3 Excerpts f rom Florida Power & Light Company's Annual Reports for the Years 1959, 1961, 1964 and 1966. 4 Interoffice memorandum, dated 10/20/65, R.S. Bostwick to J.M. Christian and others; subject: " Status Report on Isolated Power Plant and Competitive Air Conditioning Installations & Removals." 5 Interoffice memorandum, dated 2/9/67, J.M. Christian to L.H. Adams and others; subject: " Summary of Isolated Power Plants." 6 Cross-examination of R.J. Garnder, in Florida Power & Light Co., FERC Docket No. ER78-19, Phase II, 11/15/79 and 11/19/79, Tr. 313, 468-473. 7 Letter, dated 11/16/76, R.J. Gardner to H. Luff, Orlando Utilities Commission. 8 Deposition Testimony of Robert H. Fite, taken in Lake Worth Utilities Authority, et al. v. FPL, Case No. 79-5101-Civ.-JLK, U.S. Dist. Ct., Southern District of Florida, 5/6/81.and 9/18/81, Tr. 17, 623, 628. 9 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. F,PL., supra, 8/25/81, Tr. 52. 10 Excerpts from minutes of Florida Operating Committee meetings, () Jan. 1959 - Dec. 1972, showing people present at each meeting.

INDEX TO APPENDICES (cont'd) Document (s) No. 11 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 8/25/81, 8/27/81, Tr. 72-73, 89, 92, 417. 12 Excerpts from minutes and notices of Florida Or ?ating Committee meetings involving 1959-1961 joint studies. 13 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 8/25/81, Tr. 113. 14 Excerpts from minutes of meetings of FOC's Study Group for Joint Long-Range Planning, showing people present at the meetings. 15 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 8/25/81, 8/27/81, Tr. 67, 69, 74-75, 348, 377. 16 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, sup ra , 8/25/81, 8/26/81, Tr. 6, 177-181, 363. 17 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authecity, et al. v. FPL, supra, 8/25/81, Tr. 85-99, 112-113. 18 Page 1 of Exhibit (EJT-2), submitted with Florida Power & Light Co. 's July 1981 wholesale rate filing, FERC Docket No. ER81-588-00. 19 " Florida Power & Light Company, Construction Budget, Year 1956," prepared 2/6/65, presented at Directors' meeting, 2/13/56. 20 " Report on Florida's Requirements for Nes laterstate Ties," dated 11/1/73, prepared by "ELB." 21 Interof fice memorandum, dated 8/2/51, H.V. Street to C.G. Kinsman; subject: " Tampa Interconnection," with an " economic analysis of the value of the Tampa Interconnection" attached. 22 Schedule 13, Florida Power & Light Company's Form 12, filed with FPC for the years 1968-1973. 23 Memorandum, dated 10/31/68, by E.L. Bivans; subject: "1970 System Generation Requirements." 24 Interoffice memorandum, dated May 10, 1972, from E.L. Bivans to H.W. Page, subject: " Generation Requirements for the Summer of () 1974."

INDEX OF APPENDICES (cont'd) Document (s) No. 25 Memorandum, dated 11/7/68, H.W. Page to Florida Operating Committee members, attaching a memorandum dated 10/21/68, titled " Power Supply - Peninsular Florida Estimated Situation - 1970 and 1971." 26 [ RESERVED)

27 Interoffice memorandum, dated 6/19/69, H.W. Page to L. Johnson; subject
" Power Supply Peninsular Florida 1970-1971."

28 Interoffice memorandum, dated 6/24/69, H.W. Page to L. Johnson; subject: " Power Supply Peninsular Florida, 1972-1973." 29 Letter, dated 7/9/69, F.S. Black, Tampa Electric Co., to R.H. Fite. 30 Interoffice memorandum, dated 7/14/69, J. Coughlin to R.H. Fite; subject: "Mr. Fisher Black's Letter re Big Bend No. 2." 31 Letpsr, dated 7/15/69, R.H. Fite to F. Black, Tampa Electric Co. 32 Interoffice memorandum, dated 12/2/69, H.W. Page to L. Johnson; subject: " Power Supply Summer 1973." 33 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 5/1/81, Tr. 61. 34 Depositicn Testimony of George Kinsman, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 5/1/81, Tr. 293-294. 35 [ RESERVED] 36 Deposition Testimony of Ernvest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 8/26/81, Tr. 241-243. APPENDIX B Excerpts from Section 68 of the American Law Institute's Tentative Draft No. 4, April 15, 1977, Restatement of the Law, Second, Judgments. 1 l O m

T i i i j O J 1 I i 1 I i I i t APPENDIX A 1 J l. l e 1 F i 4 0

O 1 Letter, dated 12/4/81, J.T. Danforth, Kissimmee Utilities Director, to R.J. Gardnet. O

DOCUMENT 1 Of S

                                                                    \           Q b
                                                      -4                          9
                                                                         ' U 'e O        g-            ~y       e    .

ie1+~p . P () g()g teen e Als*441sta l 110 Kin g q;*41. te s'. e4 - - O't i Of lHe i fililll% Ottil(704 . . . .M . . A TK lORSD> December 4, 1981 RECEIVED CEC 7 1981 c.91E2?L L :7.cCIAHMID Mr. Robert J. Gardner Vice President Florida Power & Light Company P. O. Box 529100 Miami, Florida 33152 s

Dear Bob:

Based upon ou:- inability to obtain economic base load , power from you, we have requested wholesale power from Florida Power Corporation. However, we would desire to do business with you and invite a competitive offer to Florida Power's wholesale rate. I await your early response. Sincerely yours,

                                                                                                      '}
                                                                                        ,  //               ,
                                                                                  ' .4464 .eI/f (Y' /;

Jack T. Danforth Utilitids Director JTD:pf CC: Robert Berlinsky, City Manager James Parrish, Reynolds, Smith & Hills Robert Jablon, Spiegel & McDiarmid O

i 1 !, O 4 i I e i I l } < 2 Deposition testimony of Ernest C. Somers, St. Cloud, taken in Lake Worth Utilities' Authority, et al. v. _FPj , Case No. 79-5101-CIV-JLK, U.S. Dist. Ct., Southern Dittrict of Florida, l 11/18/81, Tr. 47-50, 73-74. i I t i t I l1 O I 1 yn-,---tw-,-+-,,,,w,--%--r-,- . - < -,+ c -- .- - - - - = , - - - ,we-- * - - - - -w-<--v-+-er---- - - - , - - - - - - , . ~ - - - - ~ - - -

 ..
  • 1 l

DOCUMENT 2 IN THE UNITED STATES DISTRICT COURT SOU"HERN DISTRICT OF' FLORI7A TFE LAKE WORSI UTILITIES AUTHORITY, ) l THF UTILITIES CO.'1 MISSION OF NEW SMYR'IA ) 3EACH, THE S" BRING UTILITIES COMMISSION. ) AND THE CITIES OF ALAC'!UA, SARTOW, FORT ) MEADE, HOMESTEAD, "ISSIMMEE, MCIDIT DORA , ) N"*,iB ERRY , ST. CLOUD, STARKE, AND ) , TALLA!!ASSEE , FLORIDA, )

                                                                                   )

Plaintiffs, )

                                                                                   )
                         - vs -                                                    ) Civil Action No.
                     ,                                                             )       79-5101 FLORIDA PONER AND LIGHT COMPANY,                                       )
                                                                                   )

i Defendants. )

  • 2 9t. Cloud, Florida i

l Wednesday, November 13, 193I i < 1:30 o' clock p.m. 4 l ^.1 ?. E '1Q A ] C E, Q: JOSEDH VAN EATON, ESOUIRE of . 9: iegel & McDiarmid l l 2600 Virginia Ave. l Washington, D. C. Appearing on behalf of the Dlaintiffs. HERDERT DYM, ESOUIRE nd i K. GRECORY TUCKER, ESOUIRE of I Covington & Burlinq l D. O. Box 7566 Washington, D. C. 20044 l Apr: earing on behalf of the Defendant. l DEPOSITION OP: ERNEST C. SOMERS C) i CENTtJR Y REPORTERS l REr.ls rFRED PU)FE5sioNAL REPORTERS ] l

         .I                             H EAST WASHINr rON STREET - st !TE 206                   'gj j                                                  tw t As t >o Fi r eRID A 32301

47 i i 1 A I think it must have been Mr. Dantzler at that time.'

You know, we've been changing City Managers. I'm sorry if '
    )                                                                                   i 3         I'm incorrect on that.                                             l 4               a   'To . That's fine. All you can do is tell me wha 5         you presently recall.

t

           ,;    ,             Uho was present from -- for FP s L?

7 A Again, I'm sorry on the names.  ! know that Mr. 8 j Daniel was here. I believe he was here, j 3

                                                                                       !l 9               G   Was it your impression that he was the chie#             '

i l 10 o representative of Florida Power & Light Cemnanv? ' i 11 A I think he was the chairman of the group at that I 12 time, if that's the proper terminology. j

                '                                                                       i 13               O. Okay. Did the other people work for Mr. Daniel    do '

14 yoc know? 15 A I don't know, sir.  ! i . 16 Q Okay. Were the other FP & L peccle emnloyees of j 17  ?? & L as opoosed to outside consultants or lawyers? l i IS , A I'm not sure. I believe they were employees. l . 19 ' S Okay. Tell me, to the best of your recollection, 20 vhat was discussed at this March, 1980, meeting? I 21 , A We asked them if they would sell us pcwor. I 22 k G Have you finished your answer? 23 - A Well, that was why I was at the meeting. 24 G What I'm asking you is to tell us everything you 1 O 25 can recall about what was said at that meeting. l

              !!                                                                       i i

l l

4g t 1 A I think there was also some talk about the

rossibility of a -- no. I'm sorry. That was with -- I'm

() 3 SCrry. 4 I don't recollect anything, the words or exactly 5 what happened at that meeting. o a How long did the meeting take? I 7 A .Maybe an hour.  ! i S G And all that you reca:.1 . hat happened at that I I 9 meeting is you asked Florida Power & Light to sell power to , i 10 you? l 11 A -hat's all that I asked. 12 3 Is that all you can remember that happened at this 13 T.eeting? 14 A No, sir. 15 G What else happened at the meeting?

16 A They said they could not.

j 17 G How much cower did you ask Florida Ocwer & Light i 13 to sell you?

  ;                                                                               i
  ;    19              A  I think it was somewhere around ten megs.               ,

20 For what tern? C 21 A We wanted what we would call long-term, over a 22 year. 23 a Did you have a contract that you proposed to 24 Florida power & Light? ( 5 A No, there was no contract or anything in writing at i

1 that time.

C What price did you ask for?

O 3 A S'c did not discuss prices. 4 6 Nhat tyne of cower did you ask for? 5 A Wholesale, mixed cost, that's what I would have o asked for, but we did not get into price discussion that I 7 recall.  ; i S G Who was speaking for St. Cloud at that =ceting? l t 9 A Mr. Jim Berry. l 10 a All right. And what specifically did Mr. Berry say 11 in r$ guesting this power? ] i: A Mr. Berry, sir, is a man of many words. I think i 13 what he really wanted was e:tactly as I've told you now. { l 14 ] n so, all you can remember about this conversation j 15 is what you have now told me? l i 16 7 .A Yes. l 17 4 G Nothing more? i 13 , A I cannot recall anythin~g more at this time. i 19 y G All right. What was the response to Mr. Berry's I 20 request? , I I 21 A Uell, I consider his request and mine one and the  ; l 22 'i same. The response would be the same to him as it was to

  • i 23 me, 24 G And what was the rosconse? i
 /~N                                                                                                                  i
 >' '#           25                                               They did not have any power available.

A , i i

                                              ._          _ _            .                                           l
                  ~
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50 i a 'The said that?  ;

                     ,         t    I don't know.
                     >         a-   Sc=ecne fren FP & L said that?

4 A Oh, yes. One of the pecole, I believe, that were j  ?? & L employees. t

                     ,         6    Is that all you can recall that the FP & L                       ;

i employees said, simoly, "We do not have power available," or s did they say anything more than that? f f 9 A I don't recall them saying anything more than that. l . g I'm sure there was a lot of things said, but the bottom line i gg is what I'm trying to explain to you. , 3, C Okav. I'm not interested in the bottem line. I'm  ; I g3 interected in getting your recollection of exactly what was y 3said at this meeting. l

  • 1 15 A I've told you all I can recall, sir.

. 16 0 That's all that you can recall? j g; A Yes. -f 13 C Okay. Was there any other subject matter at the

19 i. meeting? l I
o A I don't think so.

I j 21 , O Did you talk about an interchange agreement? 22 A e s . 23  ? That was discussed at this March, 1980, meeting? 24 A 'r es, I believe that it was. 25 G Tell me the substance of the discussion about the j

73 I was, verbal or written, and I would attempt, of course -- 2 the lowest -- perhaps the lowest power I could buy would be () 3 limited. Then I would go to the next highest cost. Do you , 1 4 understand? 5 0 Yes. 6 A So, it's quite possible that I might buy from both 7 companies at the same time. 8 G When you had this meeting with Florida power & l 9 Light Company, did you have in mind a specific amount of 10 power that you wanted to buy from Florida Power & Light 11 Company at a specific price for a specific term? 12 A We were hopeful of something like that. We had 13 amounts in our mind, of course. Perhaps they might have sold 14 us power in lesser amounts. 15 So, to say did I come in to the meeting, do I want

 .           16  this much power for that long for this much, no.

e 17 0 Okay. That's what I was asking. Was this an 18 exploratory conversation? i [- 19 MR. VAN EATON: I don't understand wha't you mean E 3 20 by that. 3 E 21 BY MR. DYM: E 22 O Do you know what that means? Did you contemplate 23 you were making a formal offer to Florida Power & Light i 24 Company at that point? 25 L Yes.

m ' l VO l I Q An of fer that Florido Power & Light could accept? A In context -- j r"] J 3 O Even though you didn't talk about price, you 4 didn't talk about quantity and you didn't talk about term? A When the man says no, what's the sense in continuing 5 6 with the conversation? l l \ 7 0 What was the offer that you made to Florida Power & 8 Light Company? What did you tell them you were prepared to 9 do at that meeting? 10 A We wer pr par d to receive power from them if they g would sell it to us. g 0 How much? 13 lieve it was ten megs. 14 0 At what price? A The price was not discussed. If a product is not 15 available to you, why would you discuss price? l 2 g Q Did you mention price at the meeting? , a . 1

  • l gg A No, sir, not to my knowledge.
  }          39           0     Did you mention the amount of power at the               ,

E i ,o ***D1"97 i 21 A I thought I said ten megs, cir. E 22 O All right. Did you mention term at the meeting? 23 A Term would be, in my thoughts, the same thing as 3 cost. So, probably we did not. rm () 25 0 Okay. Did you mention price, term and cost at the

3 . L'

                                                                                           +m' * ,

O I J I I 3 Excerpts from Florida Power & Light Company's Annual Reports for the Years 1959, 1961, 1964 and 1966. I

                                                                                                           ~

4 O

nnuses \ 6f inssam' I .g. New commercial offices were occupied plus other plant facilities, substation addi- " radenton and Punta Gorda. Many tions, new transmission and distnbution lines and other improvements make up

f. U rs were expanded to supply much @g ded additional space, includmr the a 5-year expansion outlook that engi- yh , ,

offices at Hialcah, Melbourne, Coral neering estimates indicate will total some sw#xR  : j Gables and Live Oak. 5485,000.000. f

                                                                                                                                                                                           \g N<.,j _pNj' i

New distnbution yards were opened, Calling for construction expenditures ,

                                                                                                                                                                                                                        'I includmg the Northeast Yard in Miami                  nveraging 597,000,000 a year, this will bc                                                                      ,         '.; , .. 3        ,

and 12 smaller satellite yards in other by far the biggest era of expansion the a " ' , s parts cf the systern. Company has ever experienc-d. ,, We gained 49,330 new customers, con. structmg 1,031 miles of new lines to serve new areas. This included 697 miles of Our home service representatives and rural dtstnbution lines. c6er sales personnel put on 2,854 group - #{ Is - Our system now serves 48 Florida &monstrations and conducted nearly half

  • towns, cities and commiinities. Seven of a million personal interviews during the these granted new 30-year franchises to #

year, bringing our sales promotion mes-the Company dunrig the year, makmg a sages to over two million individuals. ,k Together with other sales promotion

  • total of 122 of the new ones now in effect h.

which have been obtained since 1945. activities, our effort helped our sales allies 'j _ , _ ,, , beat all previous records. Electric appli- g , , Financing in 'LO ance sales by dealers totaled 5118 million, I g To help meet the cost of our 570.5 a M. increase over 1958. i million 1959 construction expenditu.es. Unit sales of the major revenue pro-  ; i the Company marketed 525,000,000 of ducmg appliances per 1,000 residential customers were about twice the national fY 4 5 First Mor: gage Bonds in June and another average on electnc ranges. 2% times on i.k(., *L.l C 3

           $ 20.000.000 similar issue in November.

{ g Both were sold at competitive bidding, att conditioners and 6% times on electnc _ v ater heaters, g e; 3 ( The combined gross proceeds . mounted to 543,123,500 to the Cornpany. Some 45,000 new residential living w  ; a umts were built in the Company's terri- . o E Hig Expanoston Outlook tory. Of these,727, were equipped with .* e _ q- d

                                                                                                                                                                                                              ~ ~M electric ranges, 637. with electric water                 M-                                          - '

{ The first cf two 240.000 kilowatt units heaters, a se si st 52 54 ss sa n sa ss a si at sa -14 under constructics at the new Port Escr- Adequate wiring and the Medallion d Home promotion were both featured in Four Year Blueprint m glades Plant is going ahead on schedult for omration in May. The same is true our sales erTort. During the year more For 66% Expansion of the second one which is set to start than 997, of all new homes built were Work was pushed ahead on the two E{ production in Apnl of next year. wired with su$cient capacity for both 240,000 kilowatt units at the new Port Looking further ahead, two ,00,000 electric ranges and water heaters. &crglades Plant. Contracts werc let units are under contract for addition to Surveys indicate that 587, of our cus- and preliminaries got under way for the Rivera P! ant and scheduled for op- r xners now use electric cooking, com pared two 300,000 kilowatt units to be added eration m 1%2 and 1%3. uith 34T, nationally, and 627. use elec- ,, g .iera, these four big units will lI nese projects already in progress, tne water heating vs.19? nationally, raisc capability another 1,(WO,000 kilo-watts to 2,723,000 by June,1963. l t Husky electric crane handles poles wah great. New Port Everglades' circulating water pipe ca Manyjobs get Ame safer, more eferentiy with l 9 handle twice the output of Wiams's meter system. ,, 4 thse moarrn and versatute "%cket Trucks." est of ease at Miami's new Northeast Yard.

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By the end of the year the Company was serving 805,447 customers located in gf -

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497 cities, towres, rural communities and 4 l [ adjacent areas. Ey V y- ,

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g% e g These customers, on the as trage, a;so * -- 6 M "" enjoyed the use of more and more " flame-3 ___ less" electric living. Average annual use per residential customer climbed to 5,008 asit.uous 0F kilowatt hours, up 292 kilowatt hours titosam over 1960. Promotion Pays Off f.h times as great. Aggressive sales promotion through S .es of commercial e!cstric cooking, apphonce dealers and with the coopera- air conditianing and other equipment tion of other sales allies helped to account J.5 were increased also, up stut 20".. for the sale of more than 5115 million of During tt t par FPL folks conducted ' domestic and commercial electric appli- more than 3,'.00 cnass demonstrar. ions and ances and equipment, plus millions of dol- exhibits and made some 520,000 personal _ _ 3.0 lars in additional sales of small appliances-lighting and wirmg installations. interviews, reaching in all cver 2 million -- %Cga _ , $ _ _ . PEng prospects. -- w.-J2 ' -

  • Some 435,000 major apphances, radios and TV's were sold.- 1961 Advertising Wins 2.5 Featuring ttie catchy slogan,"There's FPL's advertising won top national 3 no match for flameless electric living-it's honors in the Socrates Award competi- I cheaper, cleaner, safer. too!" FPL's pro- tion. Judged along with th advertising - 2.0 motion Siciped achieve result, in practi- of several hundred other utri' ties in the cally c.ery f> eld. U.S. and Canada it was etchd with "the g i More than 88". of all new homes and apartment umas were equipped wi'h c!cc-most noteworthy performance."

1.5

  ,     I    tric ranges vs. 78". in 1960. . over 70".
          ' had electric water heatmg vs. 64". the                                                                                                                           i year before . . 52". included air condi-tioning vs. only 33* for 1960.                                                                                                                                  !           I#

Over 92". of all of the new homes and 'I apartment umts were wired for " Full Housepower" compared with 35". in .5 l 1960. And 5,l75 living units were fully [ ,' i wired and equipped to earn " Medallion - ff I Home" certification, an increase of 73". .-

                                                                                                                                                                     @       k-n ac eving these results, water heater               s tus Int ms ~ mi Nes                                                       \

g sales per 1.000 residential customers were The 30.000 kw addition at Port Everglades more than 6% times the average in the g brought svstem rorai capaH:try up to 2,128.wo rest of the nation range sales were nearly } kw on 1951. New units now under construc. g _ __ _ f_ y _ rion well push it above 4-rrstlion kw by 1966. Dubbed "Polecar," this truck wurh its iron claw _ . . , speeds pole serring. FPL folks helped design nr.  ;

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be h wed at La.,Jerdale Plant is a " hub" ' New o@fer in Delrav Peach is desir"ed for berrer service to thisfast-growong area. for e transmessnon to South Flor Ja area. l New cro t.?rste line spans the E>errlades and here pr iels an older. less powerj'ul one. y

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O FFL crews help pom backgrowed, to houe i DUR COMPANY 1 EXPANSION GEARED TO FLORIDA'S DYNAMIC GROWTH Plenty of power for Florida's spiraling Over 800 miles of new transmission and tive hiay 1,1964. This reduction included growth was dramatically assured as fhe distribution lines were added. the efTect of 1964 income tax savings re-gi at generating units-unprecedented in sulting from the lower tax rate. Another number and total capability-were pushed Tri-Company Project: A powerful 240,000 volt cro:s-state transmission line rder to reduce rates 53% million was ahead during the year in FPL's record m de erTective February 1,1965, to pass went into operation to form a new link 590.7 million a pansion program. ung the additional 1965 income tax in the state's interconnected network. It i in June, the 6rst of this paade of new provided a firm tie between the strate- sa m gs. 1 umts rolled into service at Port Everglades. gic Cape Kennedy area and the Tampa. On January 23,1965, the Florida Pub-

!        P o w e rf ul Pro g re s s: Even as this425,000   St. Pc' rsburg aru., and was built as a     lic Utilities Commission held hearings kUowatt umt, the biggest ever to ope:a:-            joint project of FrL, Florih Power Cor.      m Niiami on the Company,s electric in Florida.went into action, activities wue         porafon and Tampa EWtr c Company.            rates. At that time, among other things, under way on four other units-a new At Nielbourne, WL sustomers were
                                                                                                           *
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432,000 KW unit at Port Escrglades,one est pud, de Gmpaq being served from a new office building. , at Cape Kennedy, and two 432,000 KW * *" # "* *'"* " units at Turkey Point, a new site in South Also under construction: new offices in Sarasota, expanded distnbution yards in Dade County. Pompano Beach and Ft. Lauderdale, and a e y he o in i The five units represented 2,153,000 a new General Office Building in N1iami. The hearings were prompted by a con. kilow atts . . nearly ten times the system sultant's report to the City of hiiami, capacity in 1944 . ar'd not too far from At year's end, the Ccmpany was serv- which the City then filed with the Com-match at total FPL capability at the be. ing 931,433 custorners located in mu W cities, rural communities and adjacent mission. It claims that FPL and other

                       -                                                                               utilities have been osercharg:ng customers.

areas. These customers, on the average, As the year <:nded, units at Port Ever- enjoyed the benefits of more and more The hearings will be resumed on April glades arid Cape Kennedy were rapidly 12 for cross examination and arguments. electric living Sales of electricity rose nearing completion for startups durmg 12"o over the previous year and totaled Of course, it is impossible to make any 1965. The two units at Turkey Point are prediction of the eventual outcome. almost 11 billion kilowatt hours. slated for service in late 1966 and 1967. With electricity a bigger bargam. than A Atomic Power: Beyond all this, even n ne n evu, our sales organization mpitalized

                                                                                           . n istue brgger projects are planned for Turkey                              M ge kn6, G ,c Scries    ,   on the now famous slogan "There's Point, where a plant site is being carsed          due 1994, was sold at competitive bidding on March 25, 1964 And as this report         No Ntatch for Flameless Electric...It's from three square miles of mangrove                                                              Cheaper, Too'"   '

swamp. Eventually planned for this loca. goes to press, we plan a 540 milhon issue of First Mortgage Bonds, Series due **

  • I f**I"I P ' **I "

tion are two additional 600,000 kilowatt and advertising helped dealers and other units. And negotiations are under way 1995, to be sold at competitive bidding on March 3,1965. * * * * * ** '# N "" # '* * * *I for two 1,000,000 kilowatt nuc! car units and commercial appliances valued at more to follow the com entional additions, w hich Net proceeds from both sales were for than $158 million. And this does not in-would bring the plant's total capacity up the purpose of liquidating construction clude .na:r additional mi!! ions of dollars to 4,000,000 kilow atts. contracts payable to suppliers and con- worth of lighting, wiring and small ap. Along wd the construction of power tractors for materials and services in con- pliances. This topped the previous year's plants, facDies of all kmds were added, nection with generating station construc- record by 510 million. expanded, improsed. Dutribution sub- ti n and for general corporate purposes. The public's growing preferencl . all. O station capacity was increased by 747,556 Ksa as nine new suhtatiens were com-pleted with six more under construction. Lower Rates: The Florida Public Util-ities Commission took action to reduce the Company's rates 510% milhon etTec-ciectric is shown by the fac? ' hat about 95Pc of a'l newly constructed hame and apartment units were equped nh elec-6

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u a . i a i - < re L.s t Cape Kennedy Plant,slatedfor service in '63, ta's moon-shot preparations. Budd'ng in thscles, wdl lie world's largest structure. p assures dependable powerfor strategic area. f rs -v ' y,, , .y

                                                                                                                                                                                                                   ~~          ' :      ,                     _                  ,

SYSTEM CAPABilfli

                                                                                                                                                                                                                                                              -                l
                                                                                           ,,,._                _g.                                                                      e            MllLIONS                                                                 I OF KILOWATTS Atomic power units are being consideredfor installatoon at TurkeyPoint,                                                                                                           .          ', ,

a new plant site being carvedfrom swmpland in South Dade County. _ [

                                                                                                                                                                                                                               -      ,E                  -                      -

tric ranges, bTo with electric water heat- J '. , ,

                                                                                                                                                                                                    '[..8                           i
                                                                                    '- %                                                                                                                           A   g fi ers and 74To with air conditioners-and 8 out of 10 were rescrse-cyc!c models for                                                   'i:-                                                                '

j; y . & , ., winter warmth and summer cooling.

                                                                                                                                                                                                   .; M '

Medallion liome Certifications were C  %, e . c,  ?, ., fg[.yg 4 issued for more than 13,500 hving units -H, . TO M,. , O> g*f* .,

   - bringing the total number of hymg                   e--%

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                                                                                                                                        ,        t                                             &.g g

units adorned by the coveted Medallion

   - the symbol of electrical excellence -

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                                                         -- [ - ,,                                      3                                                                                                    E to more than 45,000                                         .

K g .~ g . , '. , - { { v -..- ' 2 Tops the Nation In achieving these re-sults, range sales, per thcasand residen-S ._ - w oi;[

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                                                                                                                                                                                                                                             $9s4, tial customers, were nearly double the                                          ag . . s                                          W-                      "

cne1964addttion to the fort g

                                                                                                                               .,,N.4 national average; air conditioners were                                          .. q '
                                                                                                                                                                                    . .           Kin
  • photo belowl.added425,000 g ' ' A,' . '.' 'K-:.-=*e V* w: \, ., . -

almost three times a sd water heater sales ysystem enpability!After ettiremen,

                                                                                                            .. A .ne-                                                                          skilowits of old generating W
                                                                         * .g  '>   ' ' ,) L.y'..N                                   '..:-
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were fwe and a half times greater. ,.'.. s. .?

                                                                                                                    .                      *;*'                                  *1'            -:capabs7ity was just under three
                                                                                                                                                                                               ,' watts at par's end. New plant

Residential custamers increased their average annual use by 4?5 kilowatt hours. Modern Melbourne office is typmlof FPL's continuing ex. ,struction' or planned will almo l compared to the national increase of 260. pansion andimprovement ofits customer servicefacslities. e. figure by the end of1%9: ' W . ~ For 1964, they used an aserage of 6,337 kilowatt hours - 35To more than the ' ' '- averaire for the nation. . The "No Match" promotion also made

                                                                                                      '-                                        3. s .                                                           v further inroads into the commerctal and                                   -
                                                                                                                                                      . ,y " ,

industrial markets as more and more  ; businesses switched to electrical apphca- ,a . Q}*' _ ,., 3 ; .,, f .4

                                                                                                 ' ZrJfs,--u                 - W.' ,(.,' n..  -

P . Y' tions. This is retlected by the gain of 1,964 kilowatt hours during the year per .,jbQg3

                                                                             , :?; Q g.t, .                                                           :

f .i

                                                                                                                                                                        "(
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average commerc.al customer. Dunng the  ; - c .- f -

                                                                                                                      ,.Q,                                                 %             #

g,, 3 year, i l'L sales promotion folks reached ,,,,,,f 'K (,g . ,

                                                                                                                                                                                                                   . - Q. E                                       gr 888 about two rmilion Floridians with "No                                                                                                                                                                                                                         E-1.w w g
                                                                         -c. W -
                                                                                                                      ,f ., -                            .
                                                                                                                                                                  'g . .', . ess e                                         U Match"selhng messages, through personal                                                                                  '/M _                                         ,

f ;* , .as,sssa.m. P"~ ~? contacts, exhibits and mass demonstrations. '?- Igi. in 8h.  ;\ e a p;, g , f

                                                                                            ~*                                                                    4                                                       .
                                                                                                                                                                                                                                 %Uttf, .. -                   .(

_(

                                                                                                                                    ~,,

Freedom Award: FPL became the , , ' '~- ,- 4 :".,. ( s, p - first three-time winner of the Freedoms

  • 4 'I ,,-f*"" gam
                                                                                                    ~

Foundation's top national citation when 5 U~ ' . ' fE 8 Y'* .. .F .4t h { the Company was awarded the encased '- ----- . . t'. . . - - #'

                                                                                                                                                                                                                                                                       -l w,g                                                                 F
  • t a d.; a.* / ' f Georae Washington lioner Medal for its ads ing series,"lielping Keep Amer- 11 Y -f', ,

r_. , rowerful." FPL ad campaigns won _, . - l. - l ilar honors m 1955 and 1962 for fur- - I I thenng the cause of freedo.a (} k {} ("*pth

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                                                                                                                                                        ~                                      '                             <a-franchnes obtained since 1945.

L ( During 1966 FPL's total customers $ g topped the million mark . . and all were D gg enjoys.4 a " shoppers special" in Sunshine , aL M Scrvice electricity. Based on the Con- l g ' i g$ I g-On Price Index, e up nearly 19"'. since 1956,everything but the aser. else I * - d age price paid per kilowatt hour by FPL's i

  • j residential customers is down 33 .. ,

i

                                                                                                                                                                                                                                 .c            f*.

Greatest Sales Year: FPL's vigorous promotion and advertising, including sales W'" 'usconeWir opputa,trTnsu ,s. ,

                                                                                                                                                                        ' ##*"##                                   #^ #"##                                     '

I messages through personal contacts and I mass demonstrations to more than two million Floridians, assisted sales allies in selling more than 800.000 major electric appliances valued at 5194 million -an NNW increase of $31 million over 1965. The effectiveness of FPL promotions _, y is reflected in customers' growing prefer- f ~;,;!fr.;.%'

                                                                                                                                                        ~
                                                                                                                                                                                                    ;             .M ence for Flameless Electric. Based on                                                                                                                                      ,
                                                                                                                                                                                                                   .~~

unit sales per thousand residential cus- .@; ch tomers, sales allies sold twice as many [4'*,;gg ; g P electric ranges as the national aserage - g ' MW,  ; h two and a half times as many air condi- [ @% ., ners nd more than four tim s as many ~ \

Modernychic/c,the AllefGator, is usedia set
                                                                            . polesknarrow easements, he1 ping speed work. ,

[N..y[b' Xp [

                                                                                                                                                                                                     'b W N,- N Flameless Appeah The Sunshine Sers-ice Sales Team, using the slogan,"There's                                                                                   -

MI4 No Match for Flameless Electric," created 'J3,

                                                                                                                                   -                                                                      j                                g increased desire for Total Electnc living.

4 ,%p j Of all new homes and apartments built . s., i d i

                                                                                                                                            ~'                                           '

4: dur:1g the year i FPL's service area,95". t k' I wert. equipped with electric ranges, 88". g with electric water heaters and 84". with \ ..

                                                                                                                                                                                     ^

t ., electric air conditioning (of which 8 out - x ' 7;ip -

                                                                                                                                                                 ~

of 10 were year-round models). . . _ _ , , . More than 20.000 living units qualified 4 tf, n u;[yJ 1 's tor the coseted Medallion-12.000 met the ?Plantde 1re " ..onerru,cilda. - Total-Electric Gold Medallion require- Ef Isr&Qt4ss $6f- ~ ments. More the 81,000 homes and M.. . **#ffM*w - apartments now have been certified. 9"E 2 760,000lL*

                                                                            . Turkey Point serves aliewyearJoundi'a'4 sing l Y                                                                                   , . ,

l High Saturation: Of FPL's residential ba.sefor.Alr Force Sea survivalschoolclasses. . M customers, 65". now use electric ranges ~ ~' and water heaters and oser 50~. are en- S

                                                                                                                                                                   " ^7 I % . R M % ~

joying electric air condit:aning. These hg'@- gjy;[8(.f -*T- -

                                                                                                                   '"                                                                                                c M-,-;

are among the highest saturations in the

  • d'i
                                                                         .c h.,"Waujc  ~

o * ' - T United States. ' ' 3 f* Residential customers increased their , ,-

                                                                                                               ~

average annual use to 7,315 Kwh's - a ' l . gain of 733. The annual aserage use q per commercial customer reached 42,479 -~ Kwh's-a gain of 2,522. Both residential - r M 1% "'*]{ "

                                                                                                ~

and commercial customers' average an- --

                                                                                                                                                     'i            -]

nual use is wcil above the national as erage. ,4 h Y? V _+"3

        '                              'M O[M                                                                                                                                 ,
              \                                                      D                                 ._
                                                                .                                 - 2 .-                                                                                                                                                  #

Boy Scouts enjoy canoeing :,n the miles of canals at Turkey Point, as two new generatmg units

.": . l rise in 4e background. Each year, more than 3,000 boys can use camping facilities at she s!re. .
7.

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O 3 Excerpts f rom Florida Power & Light Company's Annual Reports for the Years 1959, 1961, 1964 and 1966. 1 I l l l O

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2, . DOCUMENT 3 '$

                                                                          ~

g m;mb.mw we-ams.monts meewusammmun*.h. 9 FLO R I DA

                                                                                                                                  ...all roads lead to prosperity
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                                                                                                                                                                                                        ?

9.l plus other plant facilities, substation addi- A New remmercial offices were occupied y u radenton and Punta Gorda. Many tions, new transmission and distnbution [.n

           .       rs were expandeo to supply much             lines and other imprnvements make up                                                                                                          g
           -        ed additional space, including the         a 5. year expansion outicok that engi-                                                              ,.

i f offices at Hialeah, Mc: bourne, Coral neerit:g estimates indicate wi'l total some ,, , j Gables and Live Oak. 5485,000,000. . f New distnbution yards were opened, Calling for constructioc expenditures

                                                                                                                                                              ,        9                  @.                 j including the Northeast Yard in Miami and 12 smaller satellite yards in other averaging 597,000,000 a year, this vill be by far the biggest era of expansion the
                                                                                                                                                .,k.g.M(.     "'       ,
                                                                                                                                                                                         }/ '"

parts of the system. Company has ever expenenced. * '*

                                                                                                                                                                                   ,y We gained 49,334w customers, con-                                                                                                                                                          i structing 1,031 miles of new lines to serve new areas. This included 697 miles of                    Our home service representatives and .
                                                                                                                                                                                #{'

4 rural distribution lines. other sales personne: p,t on 2,854 group - u - Our system now serves 487 Florida demonstraQns and conducted nearly half ' '  : towns, cities and commimities. Seven of a million personal interviews during the . , these granted new 30-year franchises to year, bringing our sales promottor: mes-the Company during the year, making a sages to over two million individuals. 1 . total of 122 of the new ones now in effect which have been obtained since 1945. Together with other 5.11cs promoton activities, our dort helped our sales allies N ' D 2 u - beat all previous records. Electric appli-  ;- l , Financing in '5D ance sales by dealers totaled 5118 milhon, -

                                                                                                                                                                               ~
 -.                To help meet the cost of our 570.5           a 10% increase over 1958.                                                                                                                   .

million 1959 construction expenditures. Unit sales of the major revenue pro- ~ !l , trs C&pany marketed $25,000,000 of ducing appliances per 1,000 residential _

                                                                                                                                                                                 - j k, First Mortgage Bonds in June and another          customers were about twice the national 520.000,000 similar issue in November.            average on electric ranges,2% times on                                          @3.-                          hc                    .s Both were sold at competitive bidding.            air conditioners and 6% times on electric                ,                                                                                 ::      ,

water heaters. & The combined gross proceeds amounted g , to 545,123,500 tc the Company. Some 45,000 new residential living .

                                                                                                                                                                                                            ,1 units were built in the Company's terri-                                              .
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i Big Expansion Outloolc tory. Of these,72% were equipped with electric ranges, 63% with e!cctric water M "# -

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The first of two 240,000 kilowatt units heaters. 4, se si st ss s 54 57 sa se se u 42 si ~ - Adequate wiring and the Medallion under construction at the new Port Ever-glades P! ant is going ahead on schedult Home promotion were both featured in Four Year Blueprint h' for operation in May. The same is true our sales effort. Wring the year more For 06% Expansion of the second one which is set to start = han 99% of all new homes built were

                                                                 ,                                                             Work was pushed ahead on the two                                              e production in April of next year.                 wired with sutlicient capacity for both                       240,000 kilowatt units at the new Port                                           !

Looking further ahead, two 300.000 electric ranges and water heaters. Everglades Plant. Contracts were let l units are under con"act for addition to Surveys indicate tt at 58% of our cus- and preliminaries got under way for . the Riviera Plant and scheduled for op tomers now usc electric cooking. compared two 300,000 kilowatt units to be added I I cration in 1%2 and 1%3. with 34% nationi.ly, and 62% use elec- at Riviera. These four big units will These projects already in progress, tric water heating vs.19e'. nationally, rai,e capability another l 080,000 kilo- - watts to 2,728,000 by June,1%3. Manyjobs get done safer, more efcienzly with Husky electric crane aandles poles with great. New Port Everglades

  • circulating wa:er pipe can these modern and versaade "Backet Trucks." est of ease et Miamn's new Northeast Yard. handle twice the output ofMiami's water system. ,

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O By the end of the year the Company was servmg 805,447 customers located in g- '

1 j . 497 citics, towns, rural communities and k~ y , l adiscent areas. l These customers, on the average, also A 1 enjoyed the use of more and more " flame-l less" cicctric living. Average annual use i - per residectial customer climbed to 5,008 aguess et l kilowatt hours, up 292 kilowatt hours stomarrs over 1960. double: room air conditioners were over O Promotion Pays Off 2% times as great. Aggressise sales promotion through Sales of commercird electric cooking. I appliance dealers and with the coopera- air conditioning and other equipment 3.g tion of other sales allies helped to account were increased also, up about 207.. for the sale of more than 5115 million of During the year FPL folks conducted domestic and commercial electric apoli- more than 3,200 mass demonstrations and ances and equipment, plus millions of dol- exhibits and made some 520,000 persanal 3.0 lars in additional sales cf small appliances. interviews, reaching in all over 2 million  ! lighting and wiring installations. prospects. *

                     ';ome 435,000 major appliances, radios and TV's were sold.-                                                        1961 Advertising Wins                                                                               2.s Featuring the cate.y slogan,"Tl'ere's                            FPL's advertising won top national                                                                    j i                 no match forf/amc/ css electric living--it's                     honors in the Socrates Awstd compets-                                                                       !

cheaper, cleaner, safer, too!" FPL's pro- tion. Judged -long with the advertising 2.o motion helped achieve resu%s in practi- of several hundred other utilities in the l cally every field. U.S. and Canada it was credited with "the More than 887, of all new homes and most noteworthy performance." l g apartment units were equipped with elec-l 1.5 l . tric ranges vs. 787. in 1960. . ; over 70**. had electric water heating vs. 647 the l year before . . 525. includcd air condi-tioning vs. only 335, for 1960. I# l O*er 92. of all on the new homes and 'd apartment units were wired for " Full Housepower" compared with 85. in .5 l 1960. And 3,175 living units were fully , wired and equipped to earn " Medallion Home" certification, an increase of 735. g g fee i na ieving these results, water heater 8 tus tut tus ~ ust tus ' " ,; ll sales per 1,000 residential customers were The 240,000 kw addition at Port Everglades mnre than 6% times the average in the brought spsrem tota'opabillip up ro 2.128,000 re t of t5t nation; range sales were nearly al ew nst g j ts now gder I tw . - - . _ ___ _ _ __ --:---. {, Dubbed " Polecat," this truck wuth its iron claw , , _ . _ l

                                   ,,                            }gg             speeds pole setting. FPL folks helped design it.
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4 _ _ _ . _ _ _ _ l 0 'h N ochward a' *auderdale Plant ** ,"kub'* for power transe i,.~ n to South Fh sda area. ffs,f,f,',',[,, g'g, gl,_gr ng area New cross-state line spans the Errrt ades l j and here parallels an older,less powerfut ane. y j. I

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FPL crews help pown backgrowsd, to house OUR COMPANY EXPANSION GEARED TO FLORIDA'S DYNAMIC GROWTH Plenty of power for Florida's spiraling Over 800 miles of new transmission and tive May 1,1964. This reduction included growth was dramatically assured as five distribution lines were added, the effect of 1964 income tax savings re-giant generating units-unprecedented in sulting from the lower tax rate. Another number and total capabih Tri-Company Project: A powerful ahead during the year m;ty-were yshed 240,000 volt cross-state transmission line order to reduce rates 53% million was FPL's :ecord went into operation to form a new link made effective February 1,1965, to pass 590.7 million expansion program. al ng the additional 19o$ income tax n the state's interconnected network. It In June, the first of this parade of new provided a firm tic between the strate- savings. units rolled into service at Port Everglades. gic Cape Kennedy area and the Tampa. On January 28,1965, the Florida Pub-Po werf ul Pro g re s s: Even as this425,000 St. Petersburg area, and was bui!t as a lic Utilities Commission held hearings kilowatt unit, the biggest ever to operate joint project of JPL, Florida Power Cor. m Miami on the Company,s electnc in Florida,went into action, activities were poration and Tampa Electric Company. rates. At that time, among other things, under way on four other units-a new At Melbourne, FPL customers were the Company's expert witness testiSed 432,000 KW unit at Port Everglades,one being erved from a new office building. a, e u . npaq 3 at Cape Kennedy, and two 432,000 KW ""* * " units at Turkey Point, a new site in South Also under construction: new offices in #*** Sarasota, expanded distribution yards in " Dade County. alow by h in # Pompano Beach and Ft. Lauderdale, and ^ The five units represent:'2 2,153,000 a new General Office Building in Miami. The hearings were prompted by a con kilowatts . . . nearly ten times the system sultant's report to the City of Miami, capacity in 1944. . . and not too far from . A year,s en , the Company was serv

  • which the City then filed with the Com-matching total FPL capability at the be- ing 931,433 customers located iri over 500 cities, rural communities and adjacent mission. It claims that FPL and other g ,g- utilities have been overcharging customers.

areas. These customers, on the average. As the year ended, un.ts at Port Ever- enjoyed the benefits of more and more The hearings will be resumed on April glades and Cape Kennedy were rapidly 12 for cross examination and arguments. electric living. Sales of electricity rose nearing completion for startups during 127o over the previous year and totaled Of course, it is impossible to make any 1965. The two units at Turkey Point are prediction of the eventual outcome. almost 11 billion kilowatt hours. stated for service in late 1966 and 1967. . With electricity a bigger bargam. than Atomic Powers Beyond all this, even ** ." "C8"9: A ml.. 8 5d* e5ct, our sales organization capitalized of First Mortgage Bonds, 4%7o Series b gger p ects am P "" d r re on the now famous slogan "There's p due 1994, was sold at competitise bidding nt e is No Match for Flameless Electric...It's from three square miles of mangrove n March 25, 1964. And as this report Cheaper, Too!" rwamp. Eventually planned for this loca- goes to pren, we plan a W muon suue rst Mongage Bonds, Saies que Record SalesYear: Forceful promotion on are two additional 600,000 kilowatt and advertising helped dealers and other t p 8 units. And negotiations are under way ia h ,95- sales a!!ies sell over 600,00( residential for two 1,000,000 kilowatt nuclear units n and ccmmercial appliances valued at more to follow the conventional additions, which Net proceeds from both sales were for than 5158 million. And this Aes not ir.- would bring the phr.t's total capacity up the purpose of liquidating construction clude many additional millions of dollars to 4,000,000 kilowatts. contracts payable to suppliers and con- worth of 1.gtting, wiring ar.J small ap-AlonF with the construction of power tractors for materials, and services in con-

                                                                                                   ,                                                                                                        pliances. This topped the previous year's plants f.cilities of all kinds were added,         nection with generatmg station construc-                                                                       record by $10 million.

expanded, improved. Distribution sub- ti n and for general corporate purposes. The public's growing preferenc( . all. O, station capacity was increased by 747,556 Kva as nine rcw substations were com-Lower Rates:The Florida Public Util-ities Commission took action to reduce electric is shown by the fact that about 95 7o of all newly constructed homes and pleted with six more imder construction. the Company's rates 510% mi!! ion effec- apartment units were equipped with elec. 6

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n.v r r. p}.$c.. e.9'!*h -. v-9,, . . a's moon-shot preparations. Building in v r-- _ _ CapeKennedyPlant,slatedforservicein'65, ' assures dependable power for straterie arar.

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thicles, will be world's laryest structure.

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                                                         --                                                                         "** '                                                                                               0FKILOWATTS Atomic powr units are being connderedfor installation at Turkey Point, a new plant site being carvedfrom swamplandin South Dade County.                                                                                                     ,
                                                                                                                                                                                                                                                                          . ' ~f.tV, 5 ;,,

f. e,, . l v.. ' - 1. ;,, , MI, hi[ tric ranges,857,, with electric water heat- ] 2. ,N c h!

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8 out of 10 were reverse-cycle models for n  ; - . winter warmth and summer cooling. c: - ' e* We mM y e .a 5

                                                                    -u                                                                                                                                  ,.                         m.                                              ,. a Medallion Home Certifications were r3ued for more than 13,500 living units                    -

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M. 7 ~V units adorned by the coveted Medallion ' 8 , .

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to more than 45,000. E e Ji[ 4 . Yi

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Tops the Nation: In achievmg these re- , p~ ,..~ ~ % ( sults, range sales, per thousand residen-tial customers, were nearly double the r g m, p'

                                                                                                   . g $N-'.M               g kg                   %

f 9.'.4.f U- dgnep,6MtLviittAi19II ne196 sst . national average; air conditioners were 'L.f/

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gA.g,T ,) ; }.,ud- t in' photo belowl aded p/premcapability/ eAper'f'21 almost three time? and water heater sales were tive and a half times greater.

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icapabdity was Jnst knder;thre jwatts at par's and/New-p Residential customers increased their I average annual use by 475 kilowatt hours. Modern Melbourne office is r>picalof 7 /L's cortinuing ex. .structiod or plar'eed wi:1 l > compared to the national increase of 260. pansion and improvement ofits ct,tomer s!rvicefacilities.

                                                                                                                                                                             ' ~                                                  (pgure by the end of1969.*Y" .

For 1964, they used an average of 6,337 g ';.g 4J. .. % ,j4.g ;,' eaf ' ' <,g 'Qy

   , hilowatt hours - 35To .nore than the                                                                                                             L ,.

average for the nation. 4. . . C;- . - g . - 0 f.- The "No Match" promotion also made !Y n k T k

                                                                                                                                                                                                                                 , d4,l?[_..                                                               .c; ; .M further inroads into the commercial and                                                 f                   . 9 M ., - -                         -

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f,. industrial markets as more and more l$ gq+4 g . y Y j'i f N: gd,@. 4 businesses switched to electrical apolica- IJ ' )  %,-y.[ ,,f g#d ier,c.j '.) c s id", %;

                                                                                                                                                                                                                                                                                                                           ,f tions. This is reflected by the gair. of                                                               -GM.                                                  ,.                    s            .e            s                                                                                         .

1,9M kilowatt hours during the year per I.' 3 QbAf'1 R b., !:Z.p I.f' f..%lN .g, -. .*

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                                                                                                                                                                                                                                                                    ' ** 1                                                           lj average commercial customer. During the                                         ' n .9
                                                                                         -j.,                                p1                                                 A
                                                                                                                                                                                                                        'i)').%                               ;     ,D r-year, FPL sales promotion folks rer-hed                                                                                                                 f                                                                             N . '?                                                                                            ,

g l Il", Y about two million Floridians with "No Nm%  : gf' . ,.ed..g, '* t . ,k r . '. s ese h, se e, en.4,,,1 , , Match" selling messages, through personal .9 - '/ _. i GJ _ ./ j

  • contacts, exhibits and mass demonstrations. '
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                                                                                                                                                                                           " !.M Freedom Award: FPL became the                                               __                    9. . " ' ~. u 1                                                                                                                                                     ")II['
                                                                                                                                                                                                          .?' ' !

rirst three-time winner of the Freedoms a m . ML i-

                                                                                          - L[ % _ lji! " s Foundation's top national citation when                                                                              '                                                               '
                                                                                                                                                                                                                              . -' " {4 . f             '                                        pf .E~

the Company was awarded the encased y* *- - ,. Georae Washmgt m lioner Medal for its '*7

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s ing series,"Ilelping Keep Amer- 11 ,.

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rowerful." FPL ad campaigns won  ;..__A_" >- U y 4"/ g ' ay- ~._ . _ . g'

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ils; honors in 1955 and 1962 for fur- _ E tC - therins the cause of freedom. t

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s  % franchiscs obtained since 1945. Durir g 1966 FPL's tool customers toppc(. the million mark , . . and all were er,ioying a " shoppers special" in Sunshine , 5ctvice electricity. Based on the Con- 8 l E .'

          =

er P. ice Index, nearly everything else t -

                                                                                                                                                                                                                                       ~
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                            .e up 197. since 1956, but the aver-age price paid per kilowatt hour by FPL's residential customers is down 33f..

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Greatest Sales Year: FPL's vigorous . - promotion and advertising. including sales 4 N"'#"#8'O'(W"UN "#~~ ' #N# . . _ _ Is messages through personal contacts and e

                                                                                                                        ~

m mass demonstratic-s to more than two -

                                                                                                                                                                                  ~
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miFon Floridian 4, assisted sales allies in sdling more than 800,000 maior electric

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4 appliances valued at 5194 mih. m-an -- - N -g , .- ', f. b' ' y increase of $31 million over 1965. ' The effectiveness of FPL promotier.s

                                                                                                                                                                                                                        +

I7' is reflected in customers' growing prefe - # ence for Flameless Electric. Based on unit sales per thousand residential cus-tomers, sales allies sold twice as many electric ranges as the national average -- ,. two and a half times as many air conds- um - s  ?, .. tioners and more than four times as many y gg , 7 >,

                                                                                                                                                                                                                        ; ; ;,                                   r; q watct caters.                                                        j                              ,,,,ygg ,,,,gg. !

Fla meless A ppeal: The Sunshine Serv-I % U ice Sales Team, using the slogan,"There's , N)(M .[--~ e - 7 s j No Match for Flameless Tlectric," created h 3E -

                                                                                                                                                                           '."' . .~-*             ?

increased desire for Total Electric hymg. . ,un ,? = 4 5 Of all new homes and apartments built durmg Ac year in FPL's service area,95% 1 4.y ~,- [!

                                                                                                                                                                                                           -"'y
                                                                                                                                                                                                                                 .,(               '

4'- were equipped with electric ranges,8Sr. , j -

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with electric water heaters and 847. with \ g - electric air conditioning (of which 8 out

                                                                                                                                                                                                                                           , s,.f of 10 were year-round models).                                                 _     .w.                                                             ,;j7.m
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More than 20.000 living units qualiSed .i - . for the coveted Medallicr -12.000 met the

                                                                                                                           "                         !                                       W                                                       '

_T .I Total-Electric Gold Medallion require-

                                                                                                                                                                                                                                                                 s                i ments. More than 81,000 homes and                                                                                                                                    ,,

7.;;, '[ j

                                                                                                                                                                                                                                                           <                        4 apartments now have been certified.                                                             ... _
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                                                                                                                                                                                                                                              .W                                 '

Turkek . Point serves as new year-rwu! tiaining . High Saturation: Of FPL's residential '_basFlor Mir Fores Sca'SdvivalSchooleZ2sses. ' * ' . " 5 *. : + . O f V'i 1 - L customers,65P. now use electric ranges I

                                                                                                                                                                           " *"7 S QW',j">'                                                      We and water hesters and over 50?. are en-                                               b"'WQ' ,h? ' ~ * ~ T joying electric air conditioning. These                               f                        W4Q ;.                         ~                 '                                '               ' '

vj- {**fkh  ;

                                                                                                                                                                                                                                            . '; i *',

are among the highest saturations in the V;u h %. -

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                                                                                                                                                                                                                                                        '7 United States.

Residential customets increased their ,

                                                                                              . diR-
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                                                                                                                                  ~.                                                  --

l, . average annual use to 7,315 Kwh's - a - gain of 733. The annual average use , per commercial c 2stomer reached 42,479 - Kwh's-a gain of 2,522. Both residential and commercial customers' average an- - "'~~M ' ' - h nual use is well above the national average.  ;

                                                                                                                                             *^
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(T rBoy Scouts enjoy canoeing on the miles of canals at Turkey Point, as two new genera

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EROT&f71'

                                                                                                                                                                                               ?

] J New commercial offices were occupied plus other plant facilities, substation addi- A 7 U 4 radenton and Punta Gorda. Many tions, new transmission and di8 ibution g -

  • i rs wer- espanded to supply much lines and other irnprovements make up  : ,

eeded additional space, including the a 5-year expansion outlook that engi- I offices at Hialesh, Melbourne, Coral neering estimates indicate wi;l total some ,s.cak-4 j i Gables and Live Oak. SG1000,000. . [ ! New distr,5ation yards were opened. Calling for construction expenditures $, % ' veraging 597,000.000 a year, this will be 3,* *.- h . . -" ! including the Northeast Yard in Miarr.. . and 12 smaller satellite yards in other by far the biggest era of expansion the Company has ever experienced.

                                                                                                                                         ' Y* ' N-[t   ~ ' ' -
;     parts of the systein.
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l We gained 49,330 new customers, con. , Hug the knice ! structing 1,031 miles of new lines to serve )

new areas. This included 697 miles of Our home service representatives and ' s r sral distributio t Imes. other sales personnel put on 2,854 group , t.s -

! Our system now serves 487 Florida demonstrations and conducted nearly half * -

towns, cities and communities. Seven of a million personal interviews during the [

i these granted new 30-year franchises to year, bringing our sales promotion mes-j the Company during the year, makmg a sages to ovec two million individuals. . j total of 122 of the new ones now in effect Together with other sales f.omotion *

                                                                                                                                                         .           E7 F which have been obtained smce 1945.                  activities, our effort helped our sales allies                                                     .,s?             @O        "         '

! beat all previous records. Electric appli-  ;- ' Financing in '50 ance sales by dealers totaled 5118 million, a 10era increase over 1958. To help meet the cost of our $70.5 _ Um_t sales of the major revenue pro-U i million 1959 construction expenditures. the Company marketed $25,000,000 of ducing appliances per 1,000 residential l { t_ i . First M ortgage Bonds in Junc and another customers were about twice the national . g { 520,000.0vo similar issue in November. average on electric ranges,2f4 times on $'.g.,' et.' g8 g I Both were sold at competitive bidding. air conditioners and 6% times on electric , l The combined gross proceeds amounted water heaters. ), g s, t = to 545,123,500 to the Company. Some 45,000 new residential living a units were built in the Company's terri. ( w I 9 ' tory. Of these,72% were equipped with 4 %4  ! Hig Expansion Outlook ~~ # electric ranges, 63% with e!cctric water h 2' ' - '- ' { The first of two 240,000 kilowatt units heaters. 4, se si si si 54 ss se st sa se se as at s - , l under construction at the new Port Ever. Adequate wiring and the Medallion I glades Plant is going ahead on schedult Home promotion were both featured in Four Year Blueprin' for operation in May. 'the same is true our sales effort. During the year more For 06% Expansion l 4 of the second one which is set to st:rt than 99% of all new homes built were Work was pushed ahead on the two e production in April of next year. wired with suficient capacity for both 240,000 kilowatt snits at the new Port  ! Looking further ahead, two 300.000 electric ranges and water heaters. Everglades Plant. Contracts were let l units are under contract for addition to Surveys indicate that 58% of our cus- and relimmaries got under way for . I j the Riviera Plant and scheduled for op- tomen now use electric cooking. com parad two 300,000 kilowart uniis ta be added erstion in 1962 and 1963. with 34% nationally, and 62% use elec. ,, p, era. These four big units will l i Thesc projects already in progress, trie water heating vs.19c'e n.tionally. raise copability another l.0BO,000 Allo-5 watts to 2,723,000 by June, !%3. o i  ! Husky electric crane handles poles wurh greas. New Port Everglades' circulating water pipe can Sfanyjobs get done safer, mere efficiently with f handle twice the output ofMiami's water system. ,

  • these modern and versatile *Backet Trucks." est of ease ar Miami's new Northeast Yard.
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O By the end of the year the Company g- ,

i was serving 805,447 cus:omers located in 4 y g'- 497 cities, towns, rural communities and , adjacent area:. - These customers, on the average, also y# W' ammesus - enjoyed tha use of more and more " flame-

       ! css" electric living. Average annual use per resiuential customer climbed to 5,008                                                                                                                         muuous of kilowatt hours, up 292 kilowatt hours                                                                                                                                anosam over 1960.

Promotion Pays Off fg" ;* as t  ; Aggressive sales promotion through Sales of commercial electric cooking. -

                                                                                                                                                             -           N
  • appliance dealers and with the coopera- air conditioning and other equipment  ? 3.5 tion of other sales allies helped to account were increased also, up about 207.. .a for the sale of more than 5115 million of During the year FPL folks conduem' j  ;

domestic and commercial electric appli- more than 3,200 mass demonstrations and ances and equipment, plus millions of dol- exhibits and made some 520,000 personal 3.0 lats in additional sales of small appliances, interviews, reaching in all over 2 million lighting and wiring installations. prospects.

  • Some 435,000 major appliances, radios and TV's were sold.- 1961 Advertising Wins 2.s Featuring the catchy slogan,"There's FPL's advertising won top national 8 no match for flameless electric living--it's honors in the Socrates Award competi- i cheaper, cleaner, safer, too!" FPL's pro- tion. Judged along with the advertising .: . 2.o motion helped achieve results in practi- of several hundred other utilities in the cally every field. U.S. and Canada it was credited with "the 1
            "' * '"'n 88f. f all new homes and              mcst noteworthy performance."                                                                 ,

EI apartment units w-re equipped with elec- ' 1.5 . tric ranges vs. 787. in I"60. . over 70?. 7 had electric water heating vs. 64". the 4 year before . . 52. included air condi. ""* P i tioning vs. only 33. for 1960. - - Over 92*'. of all of the new homes and " H apartment units were wired for " Full . . Housepower" compared with 85. in , x 7 .5 1960. And 5,175 living units were fully I wirad and equipped to earn " Medallion ) (. ..f g Home" certification, an increase of 73f. ' -

                                                                                                                                                           . G , g.         Q i         na ieving these results. water heater                     I                                                                                                                   "U l                                                                                                                           '

g sales per i.000 residential customers were The 240,000 kw addition as Port Everglades more than 6% times the average in the Y brought system roraicapability up to 2,128,000 rest of the nation; range sales were nearly es _ . _ _ _ _ w_m

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r Dubbed ~Polecar," this truck with its iron claw _. pg3 speeds pole sorting. FPL folks helped design it. ( ~ .] ~.] r- , w~~ .

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N ch sard at La.ierr; ale !! ant us a " hub' W" u New ofice in Delrav Beach is desirned for better service to this fast. growing area. for power transmnssnon to Sauch HorrJa area. New cross-store hne spans the Eve >: lades and here parallels an ordn, less powerful one. y

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l FPL crews help pom background, to house OUR COMPANY EXPANSION GEARED TO FLORIDA'S DYNAMIC GROWTH Plenty of power for Florida's spiraling G<er 800 miles of new transmission and tive May 1,1964. This reduction included growth was dramatically assured as five distribution lines were added. the effect of 1964 income tax savings re-giant generating units-unprecedented in sulting from the lower tax rate. Another number and total c pability-were pushed Tri-Company Project: A powerful 240,000 volt cross-state transmission line order to reduce rates 53% million was ahead during the year in FPL's record made effective February 1,1965, to pass went into operation to form a new link l 590.7 million expansion program. along the addit,onal 1965 income tax ' in the state's interconnected network, it In June, the first of thi. parade of new provided a firm tie between the strate- savmgs. unhs rollo in's service at Port Everglades, gic Cape Kennedy area and the Tamli a. On January 28, 1965, the Florida Pub-P o werf ul Prog re s s: Even as this425,000 St. Petersburg area, and was built as a hearings kilowatt unit, the biggest ever to operate joint project of FPL, Florida Power Cor. lic Miami m Utilities onCommission the Companyheld,s elec in Florida,went into action, activities were poration and Tampa Electric Company. rates. At that time, among other things, under way on four other units-a new At Melbourne, FPL customers were e mpany expen whess tesM 432,000 KW unit at Port Everglades,one at, est pcM, de Gmpanz bein!' served from a new office building. at Cape Kennedy, and two 432,000 KW ***""**** #" * " units at Turkey Point, a new site in South Also under construction: new offices in ra e am c mpare Sarasota, expanded distnbution yards in to 6387o heretogs Dade County. Pompano Beach and Ft. Lauderdale, and * ** '"* "* ' The five units repter red 2,153,000 a new General Office Building in Mia:ni. The hearings were prompted by a co kilowatts . . . nearly ten hmes the system sultant's report to the City of Miami,' capacity in 1944. . . and not too far from At ye: s end, the Company was serv- which the City then filed with the Com-ng 931,433 customers located in over 500 matching total FPL capability at the be- mission. It claims that f.'L and other-ginning of'64 cities, rural communities and adjacent utilities have been overcharging customers, areas. These customers, on the average. As the year ended, units at Port Ever- enjoyed the benefits of me,e and more The hearings will be resumed on April glades and Cape Kennedy were rapidly 12 for cross examination and arguments, electric living. Sales of electricity rose nearing ;ompletion for startups dunng 12To over the previous year and totaled Of course, it is impossible to make any 1965. The two units at Turkey Point are prediction of the eventual outcome. almost 11 billion kilowatt hours. slated for service in late 1966 and 1967. . , With electricity a bigger bargam. than Atomic Power: Beyond all this, even w nuncing: A 533 million issue ever, our sales organization capitalized bigger projects are planned for Turkey First Mortgage Bonds, 4%7o Sen,es on the now famous slogan "There's Point, where a plant site is being carsed due 1994, was sold at competitive biddmg n March 25, 1964. And as this report No Match for Flameless Electric...It's

     . from three square miles of mangrove                                                             Cheaper, Too!"

son to press, we plan a W nWon issue ( swamp. Eventually plarned for this loca-t Wngar BMs, Sedes & decord 5alesYear: Forceful promotion ' tion are two additional 600,000 kilowatt and advertising helped dealers and other units. And negotiations are un<W way I "8 sales allies sell oser 600,000 residential for two 1,000,000 kilowatt nuclear units a h ,1965. and commercial appliances valued at more to follow the com entional additions, w hwh Net prrueds from both sales were for than 3158 million. And this does not in-would bring the plant's tot-J capacity up the purpo c of liquidating construction clude many additional millions of dollars to 4,000,000 kilowatts. contracts payable to suppliers and con- wonh # lighting, wiring and small ap. Along with the construction of power tractors for materials and services in con- pliances. This topped the previous year's plants, facilities of all kinds were added, nection with generating station construc- record by 510 million. expanded, improved. Distnbution sub. tion and for general corporate purposes. The public's growing preferenc[ . all-l stat ion capacity was increased by 747,556 Lower Ratee:The Florida Public Util- electric is shown by the fact that about Ksa as nme new substations were com- ities Commission took action to reduce 95Po of all newly construcvd homes and pleted with six more under construction. the Company's rates i'0% million effec- apartment units were equipped with elec. 6 1 - _ .-. -

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Cape Kennedy Plant, slatedfor service in *65, a's moon-shot preparations. Buddmg ur . - hocles, udt be world's largest structure. G; = - - assure: dependable power for strategic area. - a - n w ,

                                                                                                                            = "-- - *         '
                                                                                                                                                                                    , SYSTEM CAPABILITY
                                                                                                                                                                                 ,' MILLIONb l                                                                                                                                                        '

OF KILOWATTS Aronuc power umts are bemg connderedforinstallatson at Turkey Point, a new plant site bemg earvedfrom swampland in South Dade County. ( n. _N

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l 6 l[ ' . )k ers and 74% with a conditieners-and T 1A ~%. s 2 EA i 8 A'y # i M out of 10 were reserse-cycle models for k

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wmter warmth and summer coolmg. ',..

                                                               -                                                                                                                           O' '

Niedalhon Home Certihcations were i  ; @- - issued for more than 13,500 living units - 'Q .

                                                                                             ...           .%gg ] .-                                    g.,
                                                                                                                                                                          . .11-[           I,(f 3 - '
          - brmgmg the total number of livmg                                                                                                          tW'                                Ww
                                                                     ~Qi                                  - -. * .

b** '[f , ,, M' "o k _-){ l$ )( units adorned by the coseted Niedalhon y ,

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j (jg" - to more than 45,000. - ,.; ,p, g ~~^

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Tops the Nation: In achieving these re- e - 0.  :- -  ;

                                                                                                                                                        . . .            -use, suhs. range sales, per thousand residen-tial customers. were nearly double the            :-     -

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nationa! average, air conditioners were N'cj *j h% y 4 'V:" fin photo b* low) added 423,000 , almost three times and water heater sales Q _ %n 0'A'.d bf-c. Ff.2 ff.;L;.

                                                                     ..                                                                                                     (e         U tem capability. After retirement
                                                                                                                                                                                       ? llowits of old generating <g were fise and a half times greater.                           "A             ?' E " [#                 $M. .J - 1.#M e, ' .9 i
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                                                                                                                                                                            '. 3       l capability was just under three watts at year's end. New plants -

Residential customers insreased their

  • average annual use by 475 kilowatt hours Modern Melbourne office is t>ricalof FPL's contutuing ex- struction or planned will almost?&

compared to the natnonal nnerease of lbo. pansnon and smprovement ofin customer serncefacdities. (figure by the end of1969.' .b _ For 19M, they used an aserwe of 6. 07 kilowa t t hours - 35"; more than the aserage for the nation. The "No Niatch" premotion also made farther inroads into the commercial and mdustnal markets as more and more businesses switched to electrical appbca- v tions. Th is retlected by the gam of /,, g F V " 1,9M kilowatt hours durmg the year per ' 4- '- s5 aserage commercial c stomer. Dunng the .I 2%.* ' l year. I Pl. sales prom < tien folks reacLd about two milhon Floridians w.th "No [ .[" u . ;

                                                                                                                             ;r Matth" sellmg menages, thre gh personal
  • contacts, exhibits and man demonstrations.

Freedom A ward : l'Pl. became the hrst three time winner of the t reedoms = l oundationN top national citation when ,,," 'T 4 the Compans was awarded me encased *n Geo"'* W ashmgton Honor Medal for its ,

                                                                                                              ,q                            .,

ds og serict " Helping Keep Amer- 3: :. . r owerful.' f Pt ad campigns won ilar honors m 195 5 and 1%2 for fur- [4 thering the cause i i freedom. ' y i [h h6

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           '                                                                                                                                        N                                                                                                             l franchises obtained since 1945.                                                                                                                                                                                                                             l During 1966 FPL's total customers topped the million mark . . . and all were enjoying a " shoppers special in Sunshine              ,                                                                                            a I           tvice electricity. Based on the Con-              i                                                                                          8                                                                                                   '

l mer Price Index, nearly everything else I E .' l ttas & up 19?. since 1956, but the aver- I (. age price pai:1 per kilowatt hour by FPL's I . > . l l residential customers is down 33r.. [ .

                                                                                                                                                                                                                                               .' I   ^

Greatest Sales Year: FPL's vigorous l f promotior, and ads ertising,includin g sales W'" I"C9#"'8#d83" pdswabr# h e ,a #. _ j messages through personal contacts and mass demonstrations to more than two .

                                                                                                                                                                                                                      +                        L million Floridians. assisted sales allies                                                                                                                        -

l in selling more than 800,000 major electric appliances valued at $104 million-an b.A7'

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                                                                                                                                                            .[b f - -                 s -
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                                                                                                                                                                                                                                          ' ' E" l        increase of $31 million over 1965.
        , The effectiveness of FPL promotions                                                                                                                                                    ,. J-                                    .L     '

is reflected m customers' growing prefer- 4t ' ence for Flameless Elactric. Based on

t. nit sales per thousand residential cus- -#

tomers, sales allies sold twice as many clectric -Inges as the national average - - two and a ha!f times as many air conds- em

                                                                                                                                                                                                                                    \               Y.-

tioners and more than four times as many , g j y water heaters. - 3g ,, ,gg,g 1 ( Fla meles s A ppeal: The Sunshine Serv- ,- ' [ ice Sales Team, using the slogan,"There's  % .

                                                                                                                                                                    '1                   - -
                                                                                                                                                                                                                                                  .d No Ma'ch for Flameless Electric," created                                                                                     'E- 9 ;                                                                                                      $

g' 4 increased desire for Total E!ectric living. We l -

                                                                                                                                         ,. Q ' Q' $ ['  " ~ ~

Of all new homes and apartments built during the year in FPL's service area,95f. k ,,g' ag

                                                                                                                                                                                                                                              /

were equipped with electric r-nges, 887. g . with electric water heaters ano 84?. with \

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l electric air conditioning (of which 8 out -

                                                                                                                                                                            '~

of 10 were year-round models). ',

                                                                                                                                                                                                            ',^t[E.I l                                                                       W .w.                                                                                                                                             "

More than 20,000 living units qualified

                                                                                                                                                                                            -               .;                    'a                            '

for the coveted Medallion-12,000 met the MW ~

                                                                                                                                                                                                                                           ,lf                I Total-Electric Gold Medallion require-                                                                                                                                                                                         ' _.              -

ments. More th.n 81,000 homes and _ . , , apartments now have been certified. ... _, -, *m i ~

                                                                                                                                                                                                                                 .M er Point serves as new year.cound tr'didng -                        .

High Saturation: Of FPL's residential badforJir Force Sea'Suiwalschoolc4:sies. ' * ' . , , c s- eL.' customers,655. now use electric ranges *'. j and water heaters and over 507. are en- @ ,4 ' " R * < ' 'i3%ng,9 ' 7@S%

  • jming electric air conditioning. These _ J; ,

3 j are among the highest saturations in the - Jamhw y- < >- $3C .,

                                                                            ' c. w b            -                                                             4                                                                         -               ' 'S                   ,
United States.

Residential customers increased their T ., . die l 's ! ~ i average annual use to 7,315 Kwh's - a '- gain of 733. The annual average use , 3 l j gr commercial customer reached 42,479 '- - Kwh's-a gain of 2,522. Both residential

                                                                                                                                         ' ' ' ' p < N "M and comme cial customers' average an-                                                        #' ~ 'Y'"
                                                                                                       #- 7,C

! nual use is well above the national average. s -ir .- - _

                                                                                                                                  ^

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                                                                ' ' Boy Scouts trytay canoeing on the miles of canals at Turkey Point, as two new generating units
           }    l Qse in the background. Dch ><ar, more than 3,000 boys can use camping facslities at the site, j '         IF n =l-9
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4 Interoffice memorandum, dated 10/20/65, R.S. Bostwielt to J.M.

! Christian and others; subject: " Status Report on Isolated Power j Plant and Competitive Air Conditioning Installations & 4 Removals." 4 y ) 4 , 4 i > l I i . > 4 i 4 i I { i l i 1 f i !O s l

,                                                                                                                                      6 e

DOCUMENT 4 ORIDA '"CY/ZR & : !GHT CO.*.i?ANY INrCR.CUtCE CORRESPONDENCE (; i.ccarion Stiami, Florida J . St Sristian 'v

a. c.'.tayas o^7: October 20, 1965 H. E . Fraer c: Pics to J. F.. Keela O . o . ook ro C. H. Smith noa R. S. Bostuick sunJacT STATUS R2? CAT ON ISOU.TED 20'C1 ?LU"T AND COMPETITIVE AIR CONDITIONING INSTALLATIONS & RE110VALS Wa are enclosing a su cary by divisions of the status of isolated power plan: and co=patitive cir cor.ditioning which no doub you will wish to discuss at your next sales c.ating. .

tr..ile wa racogniza tha.: scma of tha isolated power plant threats listed

                           = y hava occa succc 4: fully overcoma they still show open on our log shaat.

As you know we have encouraged you to taka credit for a " win" on the log sheat only when the job is truly sawad up. We still believe this is a good practica but, it would be helpful to us if you would assass the seriousness of each thraat, giving your commants each month uhen you sand in any log sheets.

                                                                                              ,s s*2.)
                                                                                                       . .f ./

R. S. Bostwick yrw i

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                                                                                 - - - - - - - - _ - - _ _ _ - - _ _ - _ _ - _ - _ - _ _ _ - ________ _ __ l

RSS ( I , 10/12/65

  ^

STATUS f:EPORT O v ISOLATED PO.',;i3 PLANT ACTIVITIES

  • Octob.,r 1,1965 North Ecst Micmi Southecstern West Torci Div . Div. Aree Div. Div.

i Tote! Number Thrects 24 13 29 6 12 84 Tora! Number Instclled - 3 0 4 1. O S Torci Number Won 13 9 20 '2 7, 51 Torcl Projects Abendened 3 2 0 2 0 . 7 Torci Now Pending 5 2 5 1 5 18 Existing inst =lictions Removed 1 1 4 1 1 8 Shur Downs & Removcis Ceccci:y Actuci Locd Sheddix las Plant, Ocytonc 75 KW 50 KW City Produers Ice Picnt, Belle Glede 750 KW 500 KW Pcim Springs Bowlie.g, Hiclech 300 KW 236 KW 3rown's Tourist Court, Corci Gchles i30 KW 75 KW 3:nenc Supply Co., Micmi 150 KW 100 KW General Dyncmics, Fr. Lcuderdale 130 KW 130 KW ! Now West ?!c. Ice Co., Scrcsota 100 KW 90 KW l Weekly Asphalt Bctch Plent, Hiclech 216 KW 216 KW 1,871 KW ~ 1,397 KW -569,620 New insrcilctions - l Rex lecctpercred, ?r. Luederdale 900 KW 420 KW , City G s Comp:ny, Hiclech 150 KW 47 KW Ci:y G:s Ceep:ny, Coccc 75 KW 50 KW Edgcr Kcs!!n, ?clerke 275 KW 275 KW

        ?ci=r !ca Pclc:e, Micrei                                      145 KW                          143 KW City cf Ccccc (Engine Driven Weter Pump)                    1,000 KW                      1,000 KW C rea: :e.c. (Shoe Mi.3.) Hiclech                             250 KW                        200 KW Dev:r. Wi;iicm Apr (Sekolsky) Coral Gobic,                    790 KW                         325 KW 3,585 KW                     2,457 KW S122,85C
    \

D) dis dcies [Cm th3 ccfr/ of tha n:.lin't urcI Infoges ['ipt Florida Wa estlecto @ 550 per KW ye r net revenu. !c .. cr 553,000 per yect br 1,060 KW net Iced loss includin- 1,C00 KW direct driven pumps Cecon Wcter Plant. l l

( t , 10/12/65

                   .                         ISOLATED GE. NET.ATION THREATS O) u                                                   .?.E.N. DING Oc:ci>cr 1,1965 O!VIS!ON                            APPLICATION                                  SIZE Northern Division:                                                                                                 '

A!barte Hertog, Cocoa Office Building 150 KW New Desart !nr., Ocytone Fotel 500 KW -

                 ?arry Apartments, Ocytenc           Apartmen t                                   1,000 KW l                 3:everd Scheel Socrd                 High Schcol                                     400 KW -

Mirecie City, Titusville Shopping Center 1,000 KW Est. (RSB) 3,050 KW Ecstern Division:

                .: errel Smith                        Flcwcr Growing                                    150 KW La Co uille                         Club                                             350 KW 500 KW
         # demi Area:

W-cefield & Rcvin Aper ment House 700 KW

              ^Nemi Peper Be=.-d                     Menuiccrurer                                 1,500 KW VCede .!unice Cc!!aga                      College                                      3,000 KW          .

VUnited ?urveyors Cold Storege ,c,;) 200 KW Est. (RSS)

                                 .                   -Se+:4-. -          ~-

300 KW Est. (RSB) Cc,. -!-Gebb-Jr.-Ng]h-SchoolD,3.JIG. L IlirAE Wo kh"L.i Lhd6 0 S i 5,800 KW i i Sour' ecste.n Division: ' l Center Construction Corp. Sh pping Center 1,200 KW Est. (RSB) 1,200 KW Western Civision: Icyci ?cim Bowling Scwling 145 KW S. Rocke, Scrasste 51.- pp;ng Center 350 K W S. ?.c:ke, Scr:::sta A; niment 500 KW i

               ?cvar Construction, Scrcate           Sh :pping Center                               600 KW
               .'ce Bill Ecod, North Trcil           Shneping Center                                580 KW Sub-Torc!                                                                          2,175 KW i f: tem Tc:ci                                                                          12,725 KW l                                                                                                 *
    ' :.n::;a lon of revance @ $50 por KW Yecily a
        .                                                                                      S635,250.00
                                                                               -        m      %    i-.

COMPETITIVE AIR CONDITIONING

SUMMARY

Tolois to-chic , 1965 fissi,9 months

  • 1964 1963 Prior to Jon 1,19c INSTALLATIONS Jobs Tons Jobs Tons Jobs Tons Jobs Tons Jobs Tons Western Div. 40 651.5 6 134.0 10 206.5 13 166.0 19 145.0 Northern Div. 82 1,267.6 20 129.1 11 192.3 23 234.9 28 711.0 Mio,ai Area 239 2,855.1 15 584.0 31 280.0 54 416.8 130 1,507.8 Eastern Div. 80 396.5 7 73.0 19 138.7 19 101.6 35 283.2 Southcosican Div. 46 398.3 3 18.5 1 2.8 6 32.1 36 544.9 Total 405 5,969.0 51 938.6 72 820.3 115 951.4 243 3,191.9 .

REMOVALS Wesicrn Div. 2 6.0 0 '0 2 6. 0 0 0 0 0 Norihern Div. 8 69.0 2 30.0 5 36.5 0 0 1 3.0 Mioni Area 23 483.'5 5 326.0 5 47.0 10 74.5 6 36.0 l'asi n Div . I 21.0 0 0 0 0 1 21.0 0 0 5:e:!.cc e.n: Die. '. 0 0 0 0 0 0 0 0 0 Total 39 579.5 7 356.0 12 39.5 11 95.5 9 39.0 NET - INSTALLATIONS .A j Westein Div. 46 645.5 6 134.0 0 200.5 13 166.0 19 115.0 Northern Div. 74 1,198.6 18 99.1 4 155.8 23 234.9 27 703.0 Mio:ni Arca 211 2,371.6 10 258.0 26 233.0 44 342.3 122 1,471.8 Easican Div. 79 575.5 7 73.0 19 138.7 18 80.6 35 283.2 Southcosicrn Div. 45 573.8 1 18.5 l' 2.8 6 32.1 36 5 14.9 Tolol 455 5,370.0 42 582.6 60 730.8 104 855.9 239 3,152.9 Not Annual Revenue . Loss @ $50/lonf/r = $ 268,500.00 - $ 29,130.00 $36,540.00 $ 42,795.00 5157,615.00 Sepicmber reperrs horn Eosicin Div. and Northern Div. not received at this date.

O O 1.

                                                                                                                                                                        }

1 COMPETITIVE AIR CONDITIONING THREATS PENDING

              .                                                                                                                                               m As of Oct.1,1965                   As of Janvasy 1,1964       ,

As of January 1,1963 'l Jobs Tons Jobs Tons . lobs Tons Divisions , , 1 7 466.0 6 210.0 0 0 m

 ,              WESTERN DIV.

NORTitERN DIV. 19 2,051.0 15 2,530.5 24 2,422.5 ' MIAMI AREA 25 5,336.4 37 4,292.0 39 9,296.0  ; 1 EASTERN DIV. 7 745.5 12 1,33/. .G 2 3/.0.0 3 100.0 'O O SOUTHEA5 TERN 4 248.0 DIV.

                                                                                                                                                            "s i                                                                                                                                                                        I
 !                                                           62
  • 8,846.9
  • 73 9,096.5 65 12,078.5 -

TOTAL i i l '

  • Potential Annual Revenue Loss @ $50/ Ton / Year = $442,345.00 g

C.ORIDA POWER & LIGHT COMPANY lNTER.CFFICE CORRESPONDENCE Messrs: N. H. Hollinger R. J. Bradla.y 6o .a vica Miami Salsa Dept. J. H. Keele i R. S. Chandler oave July 21st,196h F. E. Autrey R. F. Lewis R. S. Bostwick

                      / e: C. Norman                                                    co,ess to Messrs: W. F. Abbott
     ,,                  H. M. Stainton                                                                                 A. F. Dfekey
7. E. Yanaros .

G. N. Eaton

     """                                                                                                                H. W. Engel                         .

J. M. Chri:Jtian . J. A. Holland eveJacts ~ REPORTS ON ON-SI'.*E GENERATION _ J. ?.. Watson

                                .According to our June report, it reflects that we still have                                                  .

ele.ven on-site threats pending. Would you please review these and . close out those that should be closed in your, July report. k In the future, I would like to hava a report each month on all on-site threats pending. As of now, the latest report on each pending

                                                                                     ~

i threat is as fo11cws: . . _ REPORT 4 DATE _ , t 12 HL 10-21-63

  • 15 HL 2-18-64 -

16 HL 5-26-64 n' - 17 HL 10-13-64 .. 21 HL 3-17-65 .

                     .                      22 CG                        3-26-65 23 ME                *
                                                                       , 3-31-65 24 HL
  • 4-29-65 25 HL 4-29-65
  • 26 HL 4-19-65 -
                                         ' 27 ME                         5-14-65                                                    ..
                                         ~.                                                                                                       .

s J. W &n

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                                                                                                                  &           ,                0+

A e rca w ica pgECTRIC L6

's     _rca 10ua cumt m r:u!                                           .

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                                                                                                    ... .. . . . v . u. i s. . . . . .

O 5 Interoffice memorandem, dated 2/9/67, J.M. Christian to L.H. Adams and others; subject: " Summary of Isolated Power Plants." , P

'l I

O

l DOCUMENT 5 f i f \  : FLORID /s POWER & *._iGHT COMPANY INTER. OFFICE CORRESPONDENCE i

  • Miacri Sales Dept.

(N

   \J                                         R.          Lewie toc a no oarc       February 9th, 1967 Messrs :L. H. Adams                                                                                                           l R. S. Chandler .          C.'. Norman co**cs to                                  l G. N. Eatot        H. M. Stainton vo             W. M. Klein        F. E. Yanaros aao=           J. M. Christian suessevi       

SUMMARY

OF ISOIATED POTdR PIANTS l l Attached is a copy of a brief sum =ary of the experiences with competitive power generation. You will note that seven out of thirteen plants have returned to

                         ~

purchased power. Of the remaining six, two are fuel company offices. , Please use this information with discretion. They should not be given out to customers , engineers, architects , etc. . l

                                                                  ~                             .

x J.M.CQ.ristianM, ( aw~ i JMC:sg Attachment k 0* .. 0!S** pgE

          ;h ftsacm g% . f32 TOUR COMMNY                                                                                                 O ,,g g!b@-
      '          m fcy!

como soon ac, i.ei e ac c-4a

                               (                                                      (

COMPETITIVE EXPERIENCE WITH SELF GENERATION O ,toRioA POWER & TIGHT CO. R. S. Bostwick, Dirsetor Power Sales Period Covered April 1960 thru January 1967 A. Jobs lost To "Do it yourself" Generation-This group have now returned to purchased power.

f. CLAY MINES - 270 KW - Caterpillar Natural Gas - Installed October 1960. Process heat to dry clay, previomly done by oil. Pipeline agreed to build line into customer by sertbg minimum therms per month above octual requirements. Thus " free ges" to use up minimum was available for wif generetion for part of electric requirements. Engine generator hr.s now been offered for sale but no buyer hos been located at this do*e. Engine generator has not run in over a year.

2, ICE SKATING RINK - !45 KW - Caterpillor Natural Gas - Installed Aug.1962 Electric service depotit guarantee against no capital outlay and guaranteed fuel and maintenotice cesis were maidy re-sponsible for this installation. Return to pachased power Jan.1966.

3. METAL HEAT TREATING PLANT - First engine generators installed 1963.

Returned to purchased power January 8,1967

4. BOWLING LANES - Three - 100 KW Kohler Generators driven by Three-200 h. p. Waukesha Natural Gas engines.

Fuel supplier offered a lease and fuel supply ~ including all maintenance for a price not to exceed 75% of the previous 12 months purchased power bills. This installation was completed and became operational January 24,1964 It remained in use for 3 weeks and purchase power was restored on February 14, 1964 Still on purchased power December 1966. S. MANUFACTURER OF LADIES SHOES - One-435 h. p. Chicago Pneumatic Tool Company, 600 R. P. M. Netural Gas engine' driving a 250 KW generator, wasteheat recovery system cnd absorption air conditioning. Installation completed about June 21,1965 except for the glass front

                                   " showcase". On July 8, the plate window facing the street was installed but decorative exterior well treatment not yet complete.

Returned to ourchased oower December 10, 1966.

6. FLOWER FARM- Poor customer relations due to frequent necessity for cut off for non-pay cause the installerion 100 KW Caterpillar engine generator Sept.1965. Returned to ourchase cower Oct. 1966.
7. ASPHALT BATCHING PLANT - Due to expected temporary location of this plant,1 - 200 KW Caterpillar engine generator was installed in r

O Pebruarx i964. when ie=atioe was decided ee as Permenent ene ne was shut down and purebesed oower instelled Merch 1965. s O

          . . . _ .         _.        _              _m                                                                            _
                                        ~

(

     #                                                                                                                                 l 1                               B. Jobs Lost To "Do it yourself" Generation-This group is still generating their                      ,

own electricity. . I. GAS COMPANY OFFICE - 75 KW - Caterpillor Natural Gas - Installed  ; j April 1962. This is a glass front building especially constructed ' to promote self gueration. Air Conditioning is gas engine drive.

                                               '75 Kw skid mounted standby engine generator cdded about one year later. Requested and received FP & L service for computer room

- July 1966. 2.- SECOND GAS COMPANY - In July 1964 the gas company installed a

                                               . glass enclosed total energy show cose et its Nerti:ern Division headquarters using a Caterpillor 75 KW engine gsnerator with weste heer recovery for 25 tons of obrorption air conditioning.

i

3. APARTMENT HOU.SE - Two Model 83! Air Research Garret Corp. natural gas turbine generators with waste hoote boilers and obsorption air i conditioning. These generators bove a nominal rating of 270 KW each.

i One 250 KW Cotopillor natural ses engine generator is on roof top site location as stondby. This is o lease arrangment and is to be o "show case" for fuel supplier, manufacturer and the total energy l j industry. An engineer frem the manufacturer is living in this 12 l i story 200 unit oportment on.o field assignmen* for one year. ' Attached is o detailed chronological summa y. Suit to break con- ! tract pending December 1966. Both gas turbine generciors removed and 2 new units installed to provide 300 KW each. I 4 PAPER BOARD MILL - Purchased 3500 KW steam turbine generator for use et Baltimore.. Labor problems there forced them toship this equipment to Miami. Installed June 1966. j]L -

5. COLD STORAGE PLANT - Having been sold on direct engine drive for l three refrigeration compressors customer added 250 KW sngine i

generator in Oct.1965.

6. HIGH SCHOOL - Four high schools were built from some set of plans.

School board agreed to make one of them on experiment in total energy. An agreement was reached to pay the engine vendor a rental This rental to i equal. to the overage of the three electric schools..There are 2 - 25 4 include all gas fuel used as well as maintenance. Caterpillor engine generators and 1 - 25 KW Onon. The 25 KW unit has not been able to carry the night and Sunday loads, so o'ne of the 250 KW units is running all night on light load. Installed February , 1966. One generator burned up June 1,1966. It h=s been repaired. l In January 1967 outoge occured at night with auditorium filled with i people. Power rostored the next morning. O 4 1

O B 6 Cross examination of R.J. Carndur, in Florida Power & Light Co., FERC Docket No. ER78-19, Phase II, 11/15/79 and 11/19/79, Tr. 313, 468-473. O

DOCUliENT 6 167 6 1 7 ,3 agna 14 BEFORC THE V 2 !. FEDERAL ENERGY REGULATORY CO!D1ISSION

                        ;._________________x                                                           -

4 In the Matter of:  : s

 .        ?
Docket No. ER78-19 e
  • D. i FLORIDA POWER & LIGHT COMPANY  : Phats, II O i  :
          ~i    ei_________________x
           -    7 ;1;                                                                                 Huiring Room F I            3                                                                             Federal Energy Regulatory Commission
           ~

Sj 825 Nortn Capitol Street

                        ,j                                                                            Washington, D. C.

9 1

              ,,!,                                                                                    Thursday, November 15, 1979 0              :!                                                     The above-entitled Matter convened for hearing, pursuant E  l'_ s 3=                    to adjournment, at 10:00 a.m.

e ,! g -- i d BEFORE:

            < ..i j

j CURTIS L. WAGNER, JR., Presiding Administrative Law Judge 3 '4; 8 APPEARANCES:

              ,=;
(As heretofore noted)
              , a. i, a

ADDITIONAL APPEARANCS: 17 1 JAMES E. HICREY, JR. and l GEORGE F. BRUDER, Bruder & Gentile, 1201 Connecticut s *. 13 - ,

        '_ E                  i Avenue,                                              't . W., Suite 708, Washington, D. C. 20036, appearing i-      13 j on behalf of Florida Power Corporation.
        ;-                    1
         !      2C!
? i si  ?
         , ,:   2 '. 1, 22 l 23 .i f^%

24 ' d 25 ___

3 13 dk 34 1 your testimony that the plans submitted to the FCG in that () 2 period in no case presumed the use of the FP&L system for 2 the wheeling of power? don' t think the FCG was in existence in 1972, but i 4 A ,

           =

5 a I am not sure. f-i ., Q Well, there was a predecessor agency, wasn't there? 1 7 . ' A There was a Florida operating committee at that

           ~
           ~

5 ; time. Do you know whether the members of that committee

                      ;                         Q 1.-                   submitted transmission plans?

0,  ; u A No, I don't. I don't know to what extent the 2 5 _2 4 operating committee was engaged in joint planning. I believe u t 2 _3. there were some joint transmission studies. E  ! 2 Approximately? g , 4 Q Whan did the FCG come into existence? o.

             ~

A I am going to say about '73 or '74. _3l g i Q '73. Or in '73 or whenever it came into existence

                               '           first and the transmission plans were submitted,.is it your testimony that those plans contained no provision for the j~.         -)

wheeling of power through the FP&L t' ansmission system? jj A In 1973 I don't think they did. I don't think we 3-

-1 i 4
         $5 as          2;                    had any requests for wheeling in 1973.

g 22 Q I am not asking you if you had any requests, but 2,3 asking you whether the plans provided for wheeling in future s 2; years? 4

    \

2, A I don't think -- well, all I am trying to say is

                                                                                                                               . 1

446 a ..a BEFOPE THE . . A s- , .i .<

     /3                e
                       ~

FEDERAL ENERGY REGULATORY CCfolISSION Q t i

                         - ,                -                    ---------------x
                       .;                   In the Matter of:                                                 :                  -
                  !                    ,                                                                      :    Docket No. ER78-19
Phase II, et al 5 FLORIDA POWEn & LIGHT COMPA!IY

{- 6 .

                                             - - - - - -' - - - - - - - - - X E_

llearing Room F 5 7 l I  : Fedaral Energy Regulatory Corcission ' 3 825 North Capitol Street 3 i

                  ~

Washington, D. C.

                                                                                                                                      ~

9 Monday, Nover,ber 19, 1979 o, . The above-entitled : tatter convened for hearing, pursuant i.

                                       .                                                                                                            3 E                               to adjournment, at 11:00 a.m.
                  =   . , .

b_ d BEFOPI:

                      ~                 '

CURTIS L. WAGNER, JR., Presiding Administrative Law Judge 2 ,

                   =  ,. .
                   -                 .i
                                        ! AFcEARANCES:

W '

                      *=

I, (As heretofore uoted)

                      *;             Y 8

7* f

               *e.    .e e

r:

                =p
  • w
               ;i-                        .

as 2- - f 22

                                                                                                                                                     \

e,

s. a
             \

468

              -         as part of the application to acauire the Vero Beach system e            o
              -         in 95-74.

MR. HAI.L : At the rate we are going, it seems we will

              ;         have all of the Co==ission's filed by reference in the case.

3 i

        ;               : don't k.ou what that documm t shows and never looked        at it 5

f f 6 . before mysel# so I don't know whether I objecu or don't. I 1 just don't think it is the proper way to go about things when 3 . the witness has never looked at it. 3 . PRESIDI:IG JUDGE: I will give you an opportunity to look 9

                 -      at the document and also !!r. Shapiro and I will reserve ruling o

u . on it. We will hold Iten by Reference E for it. 5. e] (ITE:t BY REFERE!!CE E IS RESERVED FOR THE DOCU21ENT 3-

i REFERRED TO.)

5 -,

         =            t r

_.1 PRESIDI:iG JUDGE: If you will make every effort to look

        %d            i g;          at it at an early date.
            ,j MR. HALL:     I will if 21r. Guttman can make it available to ne. I will look at it.

i - 2 SY MR. GUTTi!A:!: s .: -- i . -- Q Iir. Gardner, vou are referred to the history

                                                     -                             - of r
      ?!

e-coordinated planning in Florida regarding one of the utilities, l  : : l f? 2 '. do you recall that generally? 1s A Yes. i 22 : I c: Q And you specifically s:sted that -- will you look l

             ~ . .

I u,

                  .      at ?JG-6, 7 age 3 of 5, your E:chibit 6.

l  ??.ESIDI::G JUDGE: What page of E:<hibit 6? s 2 .- I

469 MR. GUTOMAN: Page 3 e f 5, i C SY MR. GUTTMAN: pJ J Q There you say there had been at least 15 years of I 4 actual operations in coordination of generation and trans-y

          .,O     .

O mission planning, do you see that? 5 0 A Yes.

         =                                                                                                                    I
          =      ,                                                                                          s .

5 Q Under the Pool paragraph? A Yes. 9 Q Now, this letter was written in 1976, is that l

                --             corre-t?

u 5 11 A Yes.

          =                                                                                                                   ;

j 12 ,' . Q So you are saying there that back until, that at d 2 13 i least from 1961 on there was actual operation in coordination 5 . 2 i

14 l of generation of transmission planning, is that correct?

I u , 15 1 A Yes. 1" ! Q What are your sources for that statement? 17 - A Generally, my conversations with Mr. Page. s? li 0 When you say " conversations", do you recall the

        'E
        !,-     17             ctnversation in 1977 and earlier, you said you recall that,
? .

I~ 2^ but what others? e-3' 21 A I can't recall specifically conversations with 22 ' Mr. Page. I have known him for 25 years or more and I 23 , associatedwithhimonmanydifferentoccasionsintheconpanyl 2" and I have talked with him about his work on the Florida O'. 25 operating con =ittee. I looked at testinony that :tr. Page gave a

           -     - . - - . . .     ~...      ._        . . _ . - . . .            - . . . . . . . - . . , .     .     . . . .

1 470

                      .         ,         to the Florida Public Service Commission that talked about
                               ;          coordination of aparation and transmission planning.

(~s)

     ~                                  ,
I can see in my mind a slide that was presented to the
                               ,.         Florida Public Service Conmission in which a number n" state-9_
 -                3                       wide transmission plans were shown, that is, documents many

-  :: .r. e

                  'j           g          pages thick of transmission plans.

5

                  -            ~.                Q        When you sav. "you hdve seen them on the slide" and s

vou referred earliar to his public service tes'timony, was

                               ;          this related to that testimony?
                                  ;              A        If it is testimony or presentation of some kind --
6 . , ,.

i. I can see the slide and I can see the things :tr. Page said 5

                  -          -~

o about c-ordination of transnission. It may not have been i

                  ~
                             ~~

testimony, but it may have been a presentation, but --

                  =
                                      ~

s -

                                  ,.             Q        Approximately what perioc was this?

.1 0 a

                             ,    5,             A        This wps somewhere around the period of '73-74.
                             ,.:                 Q        Now, earlier, you said that the Florida Electric
                             ,7           Coordination Group or FCG was born in '73 or '74, do you
                   .         ..           recall?

s .:

                'E
. . A Yes.

s IE= , ' .

4. ', Q .What was the coordination mechanism prior to FCG?
                ;j           2 A        To my knowledge, it was the Florida Operating s-
                             .            Cc: r.ittee ,

f 44 t 1 4. Q When was that created? I I

                             -.                   A       I am not sure.                                        j 4.

b} s- g- Q Uho were the members of the Florida Operating Connittee? e --

                                     ~

471 1 , A' Uell, I t' . c -- well, at what time -- the membership 2 varied, I am sure, ove: a time, but it included -- I seem to

         }

3 ! remember it ir ,_ed Jacksonville, Orlando, Florica Power & 4 . Light, Florida Pcwer Corporation, T4mpa Electric, and the i

              =                      .

j-i ones, they are the ones I know of and later on it included,

             !                   6  "    I think, Ft. Pierce, Lakeland, Gainesville, Tallahassee, but 5                      ] I am going on very faint recollection now.

u h 3 : Q Is it your testimony that Ft. Pierce was at any i

,                                9       timo a member of the Florida Operating-Committee?

I 1: A I seem to remember them being on the committee, but . U 's j _1 l I can't say for sure. 5 12 ; Q Is it your testimony New Smyrna Beach was at any

             =                        ,
              <                13 i time a member of the Committee?

E 2

14 A I don't know.

o i U i 15 3a Q Was Lake Worth at any time a member of the Florida 1 i o 16 Operating Committee? s 17 - A I don't know. s r ':

                               --                Q           What about Starke or Homestead?
           / .5,                      .
           } ;-                ;;                A            I' don' t know about them.      I thought they were, but
           !k, Ec        if they weren't, then I --
           ;=                          ,                                                                                        i
           /7                          i l

2; Q Were you personally involved at any time in the i 22 ! activities of the Florida Operating Committee?

                             - 23                 A          :To .

2; O Can you specify the examples of actual operation OkJ 25 and coordination of generation and transmission planning 4 f I i e r em o mme w . v'w-m- --.m. o w . _ , . , , _ , ,

472

                     .      l referred                     o in your lecter by reference to the Florida 1

2 coerations Committee activities?

                                      ~

1 C:) 3 i A I mentioned the transmission plans and I can :ee in 4 this slide -- to my knowledge, there was an ongoing program a

             =

j 5 s of transmission planning between the various utilities having f 6 i transmission in Florida. 5' 7 .; There were maintenance schedules exchanged, there were a E [ 5 , outages that were investigatad. There was a spinning reserve

                     ;       ,       formula.              There was an operating handbook put out by the
                   ,.-               Florida Operating Cc=mittee.                    There were load shedding relay G            '

e z

                       -i schemes that were develcoed and installed and coordinated bv*
             =                '

5 '2 ! the operating Committee, procedures for interchange and s a j  ;- ] dispatch that were developed, methods for time compensation 5 d

             !2    14landfrequencycompensationweredevelopedandinterconnections i.
y. .
              ~
                   ;5 '              were developed or recommended or dealt with in some way, i

is ] 5 Q Is it your testimony that during the period of this

                   ,7 - activity the Florida operating Committee me=bers planned on m        ' an integrated basis?
          ' s,                  .

j-

                   ;3 i                           A        I, my testimony was it was coordinated transmission
           - i
j. -. gc ' planning. I am not sure what " integrated" means exactly.

s 2'.' Q Did they plan their transmission independently? 22 -l A Each company planned its transmission independently, i 23 It is my understanding it coordinated transmission with each 2; other through the Florida Operating Committee. () 2-0 When you say " coordinated", was it in any way modified Wu'E'-

             - - .       ~ ~-                  -~    . _ .     --   _ - - - -     --            . - -

473 i to reet the plans of the neighbors? 2 A I am sure they must have been, if they had inter- {aj 5 . onnections that developed. 4 2 17ere the agreements modified pursuant to the E. i j 5 activities of the Florida Operating Connittee or pursuant to

         -7
          $     6         the particular agreements between the utilities involved?          '

j u 7! A I think, if modifications were indicated, it was by 3 5 the plans and planning studies that were done by the Florida 9 Operating Committee. That is my understanding.

               ;;              Q    The agreements to modify were done pursuant to n.

2  ;-_ ' arrange =ents worked out in the Florida Operating Committee, _= 5 s 12 ' is that correct? I e Q  ;- , A I think the need for the modifications was identified

          =

2 i

;; , by the Florida Operating Committee. I think once the need
          .=        .-i u
               -e
                  - i, was identified, then the c. arties themselves proceeded with a

I,

               ;5 ' changes in their plans or to work out other arrangements.
               ;7              Q    Do you recall Mr. Sivans' testimony on the operations s ., r   --

m of the Florida coerating Committee in 1965 before this

      '. S, Commission?
      ;~               !,

il 2-- A In 1765? ',

i i

I Have you ever discussed it with Mr. Bivans? ff 2; Q Yes. 1 22 A IIO - l  ; I l l 2., O Did you ever discuss the activities of the Florida i 1 ,

               ;;         Cperating Committee with Mr. Bivans?

l l l ("/ x-3 2 .- A I am sure I have, but I can' t put my nind on a

i O 7 Letter, dated 11/16/76, R.J. Gardner to H. Luff, Orlando Utilities Commission. l l s l l O ,

DOCUMENT 7

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                                                                                                                          . 174 : :I i
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                                                                                                           ,.ovetter ..t o , ,i t . :

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         .. a. .. .. .,. .. .. n.                                                          .

Or!ar:: .:1'itie3 C:misston

J. .e ,. . i. a. .,
     .s r q. .,..... . . , .::. . . :. .w.

ear Farry: . A: the end of -he F10rida Utilities Steerir.g C;mmittee meeting in Tar:a

n 3crscay, .'l:ve::er a,1976, you askee me to put in wri:ing :he substance c' i nu car cf iceas and c ncepts I cu: lined for the Cc :nittee en benalf Of
'. . Thess cin:s and 0:ncects were made in response to de recital by Stan.
     ' ive g::: :f salen  areas of concern" concerning our site study Or:cesal teve:cre: :y s me ;-Ou: whica Stan pur; cried to represent. It was recresented
as ma: mere nad :een a meeting in Orlando the crevicus week of a num:er
f u-iiities (wni:n anes was never er:ugn: Out). F.:!. was no; invi:ac :: Or 3,<are :f mis ree-ing; c:nse:uently all we knew about 1 is what ycu anc Stan said a: Ot.r res:ing. A::arently Onere is scre relationsnip between me seven areas of ::nce-n reci:ec by Stan and seven cints recited in a letter fr:m
    'dr. .*a:::n :o T-1:y Canese da:ec Oc :cer 21,1976, (a c:cy cf which was n:-

sen :: rei, aincu;n ce items are sccewnat differen: in the two cases, als.o, : have ;ust received anctner let:er fr:m Mr. Jabicn dated Never:er 12,

                 ! remain in a s:a:e cf c:nfusion abcut the statbs Of -hsse ma :ers in
       ....<....z..
    .......a.                      .... ..
                                            , . : a. , 7   .
                                                         ...s.....,..
                                                                   ..s..  ,,s.a.7: g .y
                                                                                     .. , g .   ,.
a. 3 n e p as . .n . ., .. .. ,. ........

were cara::eri:e: as : in s :n wnicn :nere cus: ce " full" -agreement be' re Our

r:::sa' :an :e ac:e::ed. A: ano ner =cint, it was s ated -ha "agreecen: in
i f:a ' nas necessary. Str. Jatien's let er seemed :: say final agree en:
    ,,as        :: ecessar/ :: er:ceec.                           Stan saic :here ,.ere three major concerns an: # cur
ners :ca ne was .c :articularly c:ncernec a: cut. 5:an saic he did no agree w i ta r. Ja:1:n a: cut te c.ecessity o' agreement on tne nuclear fuel cuas-icn, f:u said te 'f r.ancing :oin; was nct c' grea: i cor ance for Orlanco. harry Wri;n sat: 'fna-cing was c.0: i':ortant :: Seminole. There was scre reference
= a stee-ing c:cr:i::ae of .re "intervenor grouo" but not all mercers of the gr:u: a; tec .si n si; me ta ters. These examcles will, I am sure ycu uncers anc, se-ve : i' ;s ra e wny <ee are unsure jus- hcw :: regar ne ma :ers in -ela-den
:.e :#"e . ~:nsecuen-!y, we wil! no: amend :ce offer but will discuss je t-!!'y Our mi <ing :n me vari:us ::in s na: were raisec.

A V w.a m a w n. : w :a

                                                                                                   .                                                      I
                                                                                        . , . . .... , - .y
                                                                                       ?1ge : :: :

4 g V I-1

                       .n ary even:,      .v i i i a::em - to sumari:e and :: ex:anc on tr:
       .ieas e.ni m
  • ex:ressac 125 week in Tamoa. In doing so, : will a::em :
a. t: :iseassine a::ers in issue in :ne it-igatien :encing be#cre :ne U.: ex:e:: :: ce ex:en: =a: se. e reference to sucn ma :ers is necesiary
an ac:ura:e s.;=arj Of wna: trans: fred in Tam:a.

4

             .: i s: Of all, we co not feel ths: the subjen matter of the various
in:s dis:ussed is ger ane to concucting a site stucy and proceeding aneac
:evel:: a join: nuclear ocwer aroject as scen as ;cssibia. Many of tne issces are in litigation in your Scuth Cade anti-trust interventien. Scrra f :ne issues are, in One form or anotner, germane to an everall prcject
artici:a:icn agreement. You will recall that very early in our Steering C .r.i- ee 3::f vities, we acpointed a subcommittee to' draft a joint partici:ation ag estren; i;t, :arallel witn the work of finding c site and defining a projact.
      *: was an: rema:ns our feeling nat you can bring the benefits of nuclear
cwe r ycur cus: mers mucn faster if we can get en with technical matters ia :aralist with the resolution of c:=ercial acreement. This succ mmittee, i'iisu ng :f Secrge Mccre (. :C), Stan Livengcod (Gainesville), Harry Wrignt (3emino;e),anc ycurself, has not recor:ed any progress since the July lith resting in Orlando. It is very distressing to us to see our Committee sliding in : teiay of nuclear :cwer to your cust:.mers by insistence on -n!ng an u!:i a:e c: rar:ial ;crject agreement a candition of proceeding any fur:Mer.

We can cer:af niy a:Oreciat; tnat your public governing boards want assurance 22: ycur inves .en: in siting studies will lead to a successful joint venture.

ave :: re:iy -hat when ::L em arks on the task of finding a site for
     ;erera-i:n 10 :: 20 years hence, we have no assurance -hat we will be aole :s fi e :ce, ma: we will be acie to license units, that we will be able to finance units, ma: ae will be soie to build the units, or tnat we will be able ::
erate tem. We are sicol'y not in a ocsition to insulate other utilities fr:m me risks of :uik :cwer succly planning in this day and age.
            .1evermeless, is: me proceed on the seven areas of concern in the order
*istec tem On -he blackbcarc during the meeting as neai as I can recall them.
     ~ e werd " major' in paren:neses is intended to dencte tnose areas wnich Stan
     'ei       ere Tes: i :cr:an:.

Trans tissi:n (Major) - We have receatedly stated in *hese and otner meetings

nat if any utility recuires our trans.nission faciitties to receive his share of gewer from any joint project we agree en, we will negotiate a transmissicn service agreement witn that utility for that ;cwer. Any such agreement is, cf c:urse, suojec: to a: roval of tne ~ederal .3 wer Comissicn.

During ne discussion, we were asked why we wcuid cc: agree a gerecal wneeling :arif'. Ine answer is na we feel -hat incivicually negotiated transmission service c:ntrac s are me cs acuita:Te if nc cf arrangements in 21-they can comorecensively reflec all of :::e conditiens and .

ar*.itular circurstances -hat each ; arty fincs hir:self in.
                    ~+ -        -                                '~      - - - ~ '
                                                                         .               . , - . . . .      m . .4; 72ge 2 :: s
                          ; ;eneral <.caeling tari'# coui resu': in inecui-tes :
                          .ne :# j ur a:ilities or 23 FPL. Y0u could :ay more fer
ransmission uncer an across na-tcar: tariff than uncer a transmissi:n ser/ ice agreemen; in scme circumstances.
     .agd s ta:i:n ("af:r) - As I sta:cd : the meeting, I am reluctant to make any ccTaitmen: en legislation affecting municipal finance because l

I am simcly igncrant of the technicalities, comalaxities, l requirements, issues, and Oractices of municipal finance. ! don't uncerstanc the trouble that municipals allegedly have in l l financing, particularly in view of the fact th'at a numcer of municioal systems have recently, and to the best of my kncwledce suc:essfully, financed cwnership snares in the Crystal River nuclear plant. I believe I noted that FPL has difficulties in j financing art if we are to work together on any such matters, i we would hace to be ecual be'neficencies of any favorable resul ts . Hcwever, I do not clink that it is accropriate for any = arty to :ne Join: Venture stucies .:o insist that any other car y contract to take a particular position on ma: ers that may at scme future time be efore the Flo ida legislature.

     ~
       ;el  -              We have offered to provide fuel crecurement services as : art of an overali project agreement. As we described t: ycu in our meeting, we do not see any connection between Sou n Cade fuel precurement and Joint Project fuel procurement since mes:

of the centracts are unit related nor do we see any advantages to ac: rue as a result of pcoling of cemand. .

0c1 - I am net entirely clear as to all of your ccncerns in this area.

It is my telief that we have a pcwer col in Florida as a result of the network of :iiateral interchange agreements, the l ade: tion of the Florida Ocerating C:mmittee Hancbeck, the jcin: l . agreement forming the FCG, and at least 15 years of actual 0: era:icn and coordina:icn of generation and transmissicn cl anning. It is my imcressien that all power pools differ in their particular scoce, terms, and c:nditions, and cur Florida

                           ; col is no excection.            It wculd be surprising if all mem:ers of a pcci wculd agree in all respects en all of the ecssible features that one scal member may feel advisable and again :ne Florida : col is no exception.           I think the imcor: ant :ning is i

that Florica cust:mers are receiving the identifiable mutual , j ec:ncmic benefits orovided by the kind of inter-utility c:c:eration :nat we understanc a: Occli ng. Througn the FC3 slanning s udy, anc tnis joint venture, we hace to identify I still mcre mutual tenefits. The ~CG structure provides a basis f:r ::ntinucus enange an: im rovement. L'ncer cur : col, you and other systems have been acle :: ceveloo alternative Ocwer rescurces sucn as your ;artici:ation in Crystal River. I t.. ink i i

                   . _ . , ~            . . _         .         ,

t a- Ix.- - - ( J:-si

                                                                                         ?sge 4 at i O

we wcul: be d:frg a grate injustice to :he ceccie of Florida if we :es::enec ne fein: ven ure.we nave procesec unti; car ::wer :001 reacnes na ultima:e sta:e of :eveloceent na any indivicual cci mem:er c:uld ccnceive of. ii:e L: cati:n - The issue of'ac:ssa != cur site is involved in the NF.C litigaticn. Our :csiti:n on c:n.'ining si:es to the norin en: of the state is set forth in our offer and that, in sitaole terms , is whether One ultimate develocment of the state is on a single system ir - multi:le-system basis; there are still no large sites icentified in the north end, and it is tne lack thereof to which our of fer is adcressed. Moreover, it is aoparent that the loacs of the Join Venture participants are centered in the Nortnern par: cf

ne state. .

Fees - We c:ntinue to believe that fees related to the fair value cf our management services are an acpropriate methed of ccmcensation. Par:i tica:icn (Major) - We have taken the position since the first session in whien a joint venture was discussed that we would censider various alternatives as tc utili:inc tha out=ut of such a facility depending on the overall participation. Descite the fact inat cur participation was not, in fact, initially necessary for the croject to be fully subscribed, ycu and other memcers of

.te grous c:ntinue to indicate that Our carticipaticn is necessary in order to constitute some sort of performance acnd for cur good fai:h imolementa:icn of tne management of ne project. It seems :: me screwna: ;eculiar :: insist that FFL's resence is absciutely necessary for c:ti=um develo: ment of the State's
                                   ;cwer system, but on the other hand we are really not wortny of trus t. Ycur counsel says tha we can't be trusted because we are in c:meetitien. He says -hat his cbjective is :: eliminate ccmcetiticn; at the same time FFL is being belabored by ycur c:her counsel befort the MRC for being anti-c:meetitive.
   .                                  espite the fac that cur participati:n will recuce ite benefits of nuclear =cwer :: your cust:mers, if you insist, we are willing to include in cur clanning ne curenasc of uni =cwer frem :ne Joint Venture. .vr . Bivans has authority to negotiate with the Venture for tne;urenase of ncminal amcunts of ecwer on a take-cr-pay basis, over the life of tne project.

u r. Ja:1:n's is :er c:ntained another :oint which was not accng :se listed er tne : card ai ncugn :ners was scme discussicn on it. There seems - c. scme

es' e :n y:ur : art :: rela e :ne joint :roject wnica is :he sue'er / cur of'er w i :- :ne I:s:n :sce :*0jec: snc t: c:nditien ycur diliingness : .caso wita ne j:in: Or0lect n :na acancenment Of Our';csition on your :artici: .n in Scu-h Cade.

G L- -

x..L.: n ' . .* 2 4 5- hN i :f i A

(v)

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                       .. .. .s.    .i .,. .4 . . ..,          :.         . j,.
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                                                        = - w i . 7 .. . a. . . . .      (  *  =. a. ri .a.    ,  c.  ... ....i   ".   . e    a. . 5   '.a   n   L i  v   a..n  c.
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siti:n ma: unless F:L was willing = cffer 25", of South Cade, he aculd nc:

listen n '.4estingn:use. 5:an said

  • hat Gainesville wculd not take 255 cf Scutn ade bu: 22: scre uns:ecified group wculd. I was unable t: determine for whcm 5:an was acting in taking that ;csition. .

I he:e tha: the above contains at least a reasonable written summary c?

          -any :cints :ha were raised. We continue to hcoe that we can work in caritiel win :eva5.:ing a ;rc'ec agreement :o as not :s delay the benefi s of nuclear
wer n y ur cusneers anc *na: you will use your bes cffices to ge: your s .. .w
                ...... 1.. 1...
                                   ,,       . ..c vt . ..,. g ~..    . .. .t. s e . .c. o, r.          ..

The once: unity to develo this Joint 'ient'Jre is available to you. The necessa y electri: 1: ads and financing ca; ability are cresent. F:L has offered to make availa:ie i:s ex:erience and management cacability. In additien, we

        " av e n :-i - *.e: :: make such transmission arrangements as are necessary f:r
ar.i:i;:a:f:n :y systems iccated witnin cur service area and have incicated a
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assassin; and aking risks. We will help you as much as we can, but we cannet insulate ycu fr:m mese risks. Very truly yours , O ,'

  • O R. J. Gardner Vice President 1

i l NG/:ac

  • 1 i

l xc: Me ters Of the .:lorida Utilities Staering Ccamittee i .

     \

l l

  • I

i i ; O . i i 3 7 j 8 Deposition Testimony of Robert H. Fite, taken in Lake Worth

!                Utilities Authority, et al. v. FPL, Case No. 79-5101-Civ.-JLK, U.S. Dist. Ct., Southern District of Florida, 5/6/81 and 9/18/81, Tr. 17, 623, 628.

I

\

l l l } t I i 1 O

, , DOCUMENT 8 __ 3 UNITED STATES DISTRICT COURT FOR THE m 2 SOUTHERN DISTRICT OF FLORIDA

     --             3 4      Gainesville Regional Utili ties , The Lake                                 ).

Worth Utilities Authority, The Utilities ) 5 J Commission of New Smyrna Beach, The Sebring )

                          "tilities Commission, and the Cities of                                      )

6 A lachua , Bartow, Fort Meade, Homestead, ) Kissimmee, Mount Dora, Newberry, St. Cloud, ) 7 Starke, and Tallahassee, Florida, )

                                                                                                      )

8 Plaintiffs, )

                                                                                                     ) CIVIL ACTION vs.                                                       ) No. 79-5101-9l                                                                               }         CIV-JLK 10      Florida Power & Light Company,                                             )
                                                                                                     )

11 Defendant. )

                                                                                          .          )

g _. 13 14 1400 Southeast 2nd Avenue Miami, Florida .a 15 16 17 Deposition of ROBERT H. FITE, taken- l 18 pursuant to Notice dated May 6, 1981, held at the offices 19 of Steel, Hector & Davic, Esgs., 1400 Southeast First. 20 National Bank Building, Miami, Florida, held on May 28, 21 1981, commencing at or about 9:20 o' clock a.m., before 22 MARTIN B. LESHAW, Official Court Reporter and Notary 23 Public for the State of Florida. 24 I,(A 25 , l Nu von NATIONAL REPORTING SERVICE l is count sr. MARTY LESHAW FIAMI OFFICIAL COURT REPORTER CIRCUIT COURY OF THE S t Tee JUDICIAL CIRCutT. DADE COUNTY. PLA.

I _*+ t o r not. I recall it. O2 Q What was it to you? , I A Florida Operating Committee were repre-3 4 sentatives from various companies that agreed to help each

   ,f              5    o ther . out if they had power that was availsble in cases of 6   emergency that they didn't need for their own cistomers.

t 5.; 7 Q Who were the members of P.he Florida 8 Operating Committee? 9 A I don't remember. 10 Q Did they do any studies? 11 A I don't know.

                          ~

I'2 Q Were you involved in the work of the

         -       13     Florida Operating Committee?

J 14 A No. 15 Was there a representative or representa-Q ,

     .h           ICltives from Florida Power and Light from that committee?

E ' d 17 t A I don't remember, really. M'

        ,-         18 Q    When did you become a member of the Board I9

[~ of Directors; do you recall? 20 A Well, it was--I don' t know. Maybe the 21

           , .          carly Se.venties, I guess.

22 Q Were you a member of the Board when you a 23 were the vice president? 24 A Oh, yes. I was a member of the Board; not 25 as--I don't recall. 17 NEw vonic NATIOrlAL REPORTING SERVICE is cover nr. MARTY LE5 HAW MtAMI OFFICIAL COUNY REPORTEM '*

               -,         8118: Te S.tada                                                          esose 373.t s e t

CR10 29 7.0 467 l BRT:av

 ;                               1 U , S . DISTRI CP COURT FOR THE SOUTHERN DISTRICT OF FLORIDA O'                           3
                                   ------------------x LAKE WORT 5i UTILITIES AUTHORITY,             :

4 et al.,  : 5 Plaintiffs ,  : 6 vs.  : Chse No. 79-5101-Civ.-JLK 7 FLORIDA POWER & LIGHT COMPANY,  : 8 Defendant.  : 9 ------------------X 10 DEPOSITION OF ROBERT H. FITE (CONTINUED) 11 Little Switzerland, N. C. Friday,18 3eptember 1981 (,; 12 Deposition of ROBERT H. FITE, called for further . 13 examination, pursuant to notice, at the Chalet Lodge, Conference Room, State Highway 226, Blue Ridge Parkway, at 14 9 :00 a.m. , before JOE 7. BREITNER, a Certified Shorthand Reporter, when were present on behalf of the respective i 15 parties: 16 DANIEL GUTTMAN, ESQ., Spiegel & McDiarmid, 2600 Virginia Avenue, N.W., Washington, D. (j. 20037; on behalf of the 17 Plaintiffs. 18 JOANNE B. GROSSMAN, ESQ. , Covington. & Burling,1201 l Pennsylvania Avenue, N.W., Washington, D. C. 20044; 19 on behalf of the Defendant and Robert H. Fite. 20 {. 21 - 22 bdelcru/dpoeders, [ne.

                                               \

3297 08 06 623 BRTgdv i you were uncartain.as to the date of the. change. Can you 2~ date the change with ref erence to the time that FP&L 3 received .an inquiry from Gainesvine on the subject of an 4 interconnection 2 5 A Yes. As I recall it, I tastified that the change 6 came .at a date which had to be prior to the /?2ffSUL4/c%s~ e.%;tictira- with 8h 7 Gainesville. Because at that time the policy of selling 8 wholesale, as .I racall it, was in off ect. 9 0 You testified earlia.r today, Mr. Fite. I believe, 10 that you.had - you did n'ot zttend any meetlngs of the iI Florida Operating Committeel is that cor. rect? 12 A Yes. 13 0 Do you .know who d.id attend meetings of the Florida I4 Operating Committee on behalf of FP&L7

   ,m LJ                      lS                      A        Yes. I.know at.least some of them that did.

16 Maybe all. , 1.7 Certainly . Harry Page. Bl. vans, Street. They are three 18 that I specif.ically know .would have attanded the meetings. 19 0 To the extant, Mr.. Fite, tha.t you had knowledge 20 about the workings ,of the Florida Operating Committee, from 21 where did.you get.that information? 22 A .Wal.1, .I don't remember of .any reports on a regular O

       ~'

CC* CDl2 CfCTffti, 12 o ' 444 NORTM CAPITOL STREET WASMIMCiON. D.C. 20001 43083 347 3700 NATIOMWTOR COVERAGE N

I 628 i r A I .would. think that the people on the Florlda 2 O Operating Committee, when, af ter it began to operate, would j 3 have..known .what the other.. companies were planning at the 4 time we were planning. 5 0 Yes, sir. I'm asking you .a s11ghtly diff erent 6 question, which 'is, do you know who at FP&L at the time you ' 7 were at FP&L would have known whether FP&L's generation 8 planning took into account the generation planning of 9 Florida Power Corporation and IEC07 10 A I don't know. II O Do you think Mr. Page or Mr. divans might have i3 l y 12 that kind of Information? 4 O f4 13 MR. GUTINAN2 Obj ec tion. Leading question.

         -yt 14                  THE HlTNESS            They cert ainly could .have.

15 BY MS. GROSSMANs

     !              16           0 Mr. Fite .there.was the implication this morning 1.7 Iri some of the questlons that were asked that you, as a FP&L i8 of.firlal, would put things into a letter that were not true

! 19 and that could not be relied upon. 20 Do you feel that that implication is a correct one? . 21 A I f eel it is incorrect, positively. 22 0 Mr. Fite, insof ar as you had dealings with c: Ace. Je.leraf cReporters, .Onc. 444 NORTH CAPITOL STREET W 4 SNtNGTON, D.C. 20000 s2023 347 3700 M ATIONwtDE COVER AGE I

O 1 1 i i i i I . I l 1 l \ i, I l l 9 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority,;at al. v. FPL, supra, 8/25/81, Tr. 52. i i ( I i 4 I i O - eAW m'- w 7-Mates ue-ep-'g+%+ m- --se,mwmy-ww---nwyg gw w y y- y y

a q' l ji UNITED STATES DISTRICT COURT f - FOR T!!E SOUTHERN DISTRIC_T OF FLORIDA. o 4 4 '(} 3';CAINESVILLE REGIONAL UTILITIES, etc., DOCUMENT 9 4l I Plaintiffs,  :

            $i                               vs.                                              : 79-5101 CIV-JLK 3'                                                                                :
                   ) FLORIDA PCs1;R & LIGHT COMPANY, 8a                                                                               :

Defendant.. S;________________________________________: 9' c

                   ,i 1

10 l 11 12 - l 13 I DEPOSITION OF ERNEST L. BIVANS, taken 14 i

                       . pursuant to Notice, held at the Of fices of -Florida 15 ;

Power and Light Company, 9650 ti. Flagler Street, 16

                    !! Miami, Florida, on August 25, 1981, commencing at or                                                   >

17 J ,

                     ;     about          10:05 o' clock,        a.m.,     before MARTIN B. LESHAW,
      -    18 ',
  • i Official Court Reporter and Notary PUblic for the 19 '

i State of Florida. 20 ; 21 { I II o..o ; i . __ l 23 : i . 24 it

                        ;!                                                                                                      l
                        'l                                                                                                      ',

(3 25 s L ' mcw venz NATIONAL PEPCRTING SERVICE l MIAMI i se count u. MARTY LESHAW '

                                " * " " * *                                                                     "*'""8""-
                           )    ' ' " " "

opriciac count mapears= ciacuir couar or rws s om suoicias cincuir. caos coumiv. rua. t

                                     -----..;=.---_.

c S2 a 1 because I'm not sure what the meaning of it is. o 2 Q Have you -- which I use to include people 3 d under your supervision -- ever done any study of the power 4 ,; supply needs of any other, electric system in Florida? 5 5 A No. Q Turning now to the Florida Operating 6l 7 Committee, do you recall when the Florida Operating 3 3 Committee was formed? II 9d A I believe it was formed during the 60's. 10 It Q Were you personally involved in'its 1 11 formation? 12 A No. I 13 j Q Do you have any knowledge of how its 4 i 14  ; formation -- what took place so that it came to be formed? 15 A Well, I think Mr. Page was largely respon-16 j sible for the formation, that he and other top officials i

 '                II              of Florida Power & Light, Florida Power Corporation, first l!

IO / formed to discuss certain operating problems that we were 19 , having. 20 1 One of the big problems was the problem of a ' 21 ) regulation of the ties and the regulation problems that 22 i Florida Power Corporation was having with Georgia, and 23y there was a need for each one of the utilities to coeperate!

                             )

24/ and establish the need to install tie line control n 25 equipment, and that led to the formation of the Florida

                    -j                 Ntw vome                                              NATIONAL REPORTING SERVICE
                             .f       14 Couet ST-                                                             MARTY LESHAW                                       "' A M8 O F FICI A L COURY REPORTER
                               .    ' t i tt to S-3448                                                                                                       e30$i 373-7199 -
                               '                               CIRCUS? COURT OF TMC t e vee JU DICI A L CIR C UIT. DADE COUNTY. FLA.

_ - __ - _ _ _____ _ _ ___- ._ . .. - w

1 O l l 10 Excerpts from minutes of Florida Operating Consnittee sneetings, Jan. 1959 - Dec. 1972, showing people present at each meeting. l i i I l 0

DOCUMENT 10 () Attached are the first pages of minutes of the FOC. A review of the minutes of Florida Operating C'ommittee meetings from January 1959 to December 1972 shows that Mr. Bivans was present only at the following meetings: Meeting No. Date

                                           ~

l s' ' 3 3/19/59 4 . 7/1/59 6 1/13/60

                   ' 1                   10                                            3/22/62 14                    '

9/19-20/63

s.  % 18 i , 5/21-22/64
                                      ,19                           - -

10/29/64

            .                           12 1                                           6/23/65 25"                      _                    2/3/66 27                                            6/16/66 32                                            7/24./67
                 ~

42

                                                                 ^

1/22/69 i

                          .~

51 s 6/11/70 56 -

                                                                                     '4/15/71
                                                                                 . 8/12/71 s                     58 -               s
                                                                             ~

s ,. _ s59 , 10/14-15/71

                                      -6J                                              6/8/72

. 64 ,-- 8/17/72 s s. The attendees at each meeting are reflected on the attached c' pages,

                                                          ,s 4-
                                         ,       \
                                                ; ~~.

s t O WD r ,,.- r---m-,y-- -.c --

m .

                                                                                                                                                            - -- - g i

l.

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                                                                                                           .                                                                    j
                                    .                                                            .
  • N 1-59 )

Jamary 20, 1959 - l . .s = l Mr. J. D. Eicks, Tampa Esetric Company, Tampa, norida , l Mr. I4 ster h, Jr., Tanca nectric campany, Tampa, Florida i W. W. B. Sfmanda, norida Power Corporation,. St. Petersburg, norma, E .1. P Peres, norida Power Corporation, St. Pef,arsburg, norida

  • Mr. H. 7. Street, Florida Power & Light ca-aany, Miami, norida .

h first meeting of the Committee vin be held in the Operations h47 d 4": of norida Power Corpor.stion, St. Petersburg, January 23rd, at 10 a.m.

    .                          h fonoving agenda has been suggested:                                                                                              .
                                                                                                                                                     '                          1
1. Coordination of overnaul schedules and outages for '

natural gas conversion. .

2. 'S -=n4eations'-. disenaa4an of the desirabilitf ami -
                                                .                    of ,-             the dis,atching offices im m, St. Petersburg ami Tampa with a pananant voice ah=""-1_.                                                                          '
                                                                                                              .                                                           s.
3. Intarchange of reactive between FPC ani TEC ora east side of TEC's system ami the effect on the two systems.
                                                                                                                                                                ~
              ,.                    '4.         Interchange of pcuer between FPL and FPC at Live Cak and Sanford and the effect on the two systems.
5. In connection with problems such as Items 3 ami 4 abe e, it will be desirable to set up simple log sheets for the three ecmpanies so ht simnitaneous check r==dd--s can
  • be periadir=177 recorded at the request of the Committee  ;
        .                                       ,for study and analysis.                                                                           .                            l
                              ,       6. Emme for h Cassittee.                               .
                                                                                                                                                                  ~
7. 1.7 other bu=1m as.

h formatier, of this Cosmiittee vill offer many eyewaties for ' the three cempanies to benefit ecliectively and indiv4^m177 Please I l thrm, on the table any matter that you believe should be considered. l 1

                                                                                           -                                                                                    l n

Iba E. V. Page b-r " U - Chairman , i EP/ess ,

                            ,Five copios to each addressee                                                          ,
                     .-...y~-...=...                                        .:--.... -             .

l

~

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                                                                                                                  ~~"."~'~~"'-'"*'~t c.-   ; ~ m ._....-

n .~ -

           -.....---.u Ii 2-59

, .'. .( - '

                                 )

Feb. 26, 1959 FLCRIDA 0?53ATIm co?vITTEs P.irmtes of Wetinst

         .~-                                                                                 Februa'.7 25, 1959 The second meeting of the norida Operating Cc==ittee was held is the General Offices of Ta=pa Electric Co=pa=7, Ta=pa, norida, Februs.ry     25, 1 59, 10:30 a.s.
                                                                                                                )

Prasent: W It. .Lester J. D. Hicks Ulm, Jr. ) Ta=ps. Electric C e a-r s Mr. H. A. I'.cshe n , Jr.) Mr. J. Burris ) W . A. F. Peres ) It. V. B. Siso ds)' norida ?cuar Corporatio: M: . J. T. Iogan ) ' norida ?cver & Light Cc=pa=7 5 . E. V. Pags

                                                      & . I. S. 2:cha=ss Fonoving is a brief reco.~.' of the discussions a=d res,:lts of       .

the cesti=g: e At the request of W . Eicks, review of Overhaul Schedules ( l. was oved to first place on the age:da. Dce to the late delivery of cylinder for Ecokers Point No.1 Turbine, TIC schedula has been changed as fonous 3, Ecoksrs Pt. No.1 M & Nos.1, 2,3,4 Mar.Bir. 20 - JulyApr.1720 - Oct.17 CEUX2E ~N OVEzPauL Ecokers Pt. No.4 TG & Ho. 5 Bir. Apr. 18 - hy 2 SCEEDULIS Peter O. Enight No. 16 Blr. &y 9 - June n Gar o No.1 M and Bir. June 20 - Julyl7 hm Ho. 2 M a=d B1r. . cat. 24 - Nov , 4 Ecokers Pt. No. 5 M & No. 6 Blr. ( Due to late delive.7 of gss burners for Sarasota, FPL - schedule has been changed to =ove Sarasota No.1 & 2 to the period June 27 - July H. norida Power Corporation has been delayed on Higgi=s . for Avon Boiler No. 3 and Biggi=s No. 3, with no che.nge other than shortening the anotted ti=s for these last

      ,'                                    na=ed units.
             /

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        ..                   . _ _                                                  MN    .D                                                             "

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                                = _ i.9~'.,2..? 2 e%_.y +p h' ~W v...-r.~,'_.',                                                             *
                                                                                                                                           , e1 y*_=. y}.g ..:e o   ._us -; ( y. , r . ? ".'? s   . *_ Q .4 g,. y u ..gz pe pug.&. _ .. .ofQn f              .                           (                                                                                                   '

M 3-$9

                                               ,             ,                                                                                                                                              April 7,1559 FLCRIDA 0*E?JLTIC CCMMITTIE l

Minutes of Meeting

                                            .                                                                                        March 19, 1959 1
  !                                            The thi:d meeting of the norida Ope. ating Co=ittee was held                                                                                                                      '

s in the Genen1 Cffie:s of norida Pouer and Light Cc=pany, Mia=1, narida, .

  ?                         2-: arch 19,1959 at 10 a.m.

Present: Mr. J. D. Eicks )

  • Mr. Iaster Ulm, Jr.) Ta=pa nectric Company
  .                                                                  Mr. J. Su%.

l ( Mr. J. R. Erice I l Mr. 1. P. Pers: ) - i Mr. W. B. 54-a-A=) norida Power Corporation

   !
  • Mr. J. T.' Logan )

l Mrs H. W. Page ) . Mr. H. 7. Street Mr. I. L. Biva=a norida Power & Ilght Company Mr. D. 1. Kelly ) Mr. E. J. M=Dougan)

                                 .                                     Mr. I. S.                         2"A==== )                                                                                                     ,

t Tonowi=g is a brief record of the discussions and results , ( of the meeting: - 1.' Mi=utes (M 2-59) of meeting 7eb=.a.z,r 25, were accepted MDIUns ACCIPTID

     >                                                      vithout reading. Draft copies prepared by 'Ae Chair-                                                                                                  .

man had previously been approved by TIC and FFC vith

     .                                                      minor changes, and regular distribution was =ade in i                                                        early March.

t

                                    .               2.        Ta=pa nectri: Co=psny and norida Power Cc.poration                                                                                                    OVERELUL
'                                                             repor*ed that they were on schedule with no ree sions                                                                                                 SCEEDULI5 required at this ti=e.
     .                                                         norfd.a Power and Light Company reported that Sanford

( No. .* start-up date had been changed from April 15 to

                                                            ' Nay /.. It is not felt that this vill necessitate revision in overhaul schedule.

3 No systen disturbar. css occurred in the period Feb. 3 - STSTEM Na.,..h 19, 1939 DISTURPE EIS The chmi =an called attention to the fom used for recording details of systen disteacces in nimutes of , yebruary 25 It was agreed that this forn vould be used to report future disturhances with the partiuular.co=pany

                        '                                       being responsible for assaaM 4E all pertinent data s

covering a disturbance origi=ating_on its systen. __ _ .--L--- _

                                                                                                                                                                                                             ..e...
      . . .        ...mn-u-...--      --                     - - - -
          -- -~~--. -~~~                                                                             . .  . .           . . . .   .       .,
                   ' w i-, k ' ' r'. t ,;&== -_% f . -- .4.g-g% -Qgn44%-:,,. . o., ;&,g;, z.;. . ;y, g g .,_

l

             '\ '                   .
               }                             I.                                                                                                                          M /.-59                 .
  • Recorded 7/59 Publinhed1/3/

(

  • FLC'.!".A OPERATI?:3 CO!NITTEE Mixmtes of Meeting .

f July 1, 1959 The fourth meeting of the Florida C..,erating Com=ittee was held is the Cperations EnWing of Florida ?cuer Corporation, St. Petersburg, norida, July 1, 1959

  • Presents Mr. J. D. Hicks Tampe. Electric Company Mr. Lester Ulm, Jr.

(- Mr. J. 3. Erice Mr. A. P. Peres ) Floride. Power Corporation

    '                                                                        Mr. W. L. o =ncis )

Mr. J. T. Icgn= Mr. J. C Haffer Mr. E. W. Page Florida Power & Light Co=pa=7

                                           .                                 Mr. I. L. 3ivans This =seti=g was arranged on short notice when it become apparent that there was s' need for coordinating the verk c* the Joint

(* s 9eard Study Subco:=:ittee and the reports being =ade by the Florida. Cc=panies to the III, through Mr. V. 3. S*d=, as Subcoordinator for Region III, III Fever Survey, re: Senate Resolution 71. , There vers, however, other =atters en the agenda, and these - vare tsken up first. Folleving la a brief record of the discussic.ts and results of *l.e =seting: Mt.rmtes (M 3-59) of =eeting March 19 vere accepted. MINUi25

1. AwuaJ Draft copies prepared by the Chair =ss had been approved previous 27 by TEC and ??C a:d regular distributica was made in April.

M*.TURAL CAS

2. TFC ami FPL reported on the status of their respe=tive CON 7Z2 SIC:1

( conversions te the use of na**.aral gas. Considerable quantities of gas are new being burned by the t:to ec=- panies and dirty gas is becoming a problem. 07E?J.AUL 3 The overhaul schedules for the three cenpanies vers re-vissed. No =sjor changes vere requested by any co=pny SC'dIDFIS excapt that TEC vill probably require additional ti== .to - vonplete Cannen No. 2, because of blade and bearing dif-ficulties. Delay vill involve only F?C a=d TIO, and these two ec= par.ies vill coa. inate.

                  'N
        .                         (
               - - - . . -                               . .                __..            . * . _  s   s ." . *      ...T'.       , . .    ~* i                                 .- . . .

W.-------- . - - . . - .

M 5-59 O ( Recorded 11/59 Published 1/8/6 FLORIEA OPE *1 TIM COMVITTEZ Minutes of Meetinr (' November 10, 1959 The fifth =eeting of the Florida Operating Co==ittee vsa held in the General Offices of Ta=pa Electric Co=pany, Ta=pa, Florida, Nove=ber 10, 1959 Present : Mr. J. D." Hicks , ) Tampa Electric Co:rp.any

Mr. J. R. Brice )

Mr. R. E. Proctor ) , (- - Mr. Mr.1. Mr. E. W. Page V. B.T. Si=osda um } Florida Pcvar Corperstion

                                                                                                                      ) Florida Pc.ver & Light Compa.ur Mr. I. S. Bucha=an)

Purpose of the seeting was to consider and approve the program for the joi=t bear:i stuir scheduled to be held at Georgia Tech duri=g the week of November 16, 1959 . l The .followi=g is a brief .reccrd of the discussions a=d results , of the =eetisgt

1. The Chair =as reviewed the effort to =ske a joint beard JOIhT 3C1.C study, re=arki=g that as early as the first =eeting of STUDI

( the Operati=g Co=mittee in Jamnarr 1959, the =atter was *

  • brought up and that at the third =eeting in March the present Sube==mittee was for_ed. At the fourth ::eati=g in July the Operating C-~4ttee discussed in ac=. detail the work being do== by Mr. Since.ds in co=oction with Ser. ate Resolution 71, a=d at this =seting the Subec~d ttee was t;iven the green light to go ahead sai plan the joint board study along the lines which the three ccupanies were reportisg to III as their expected greuth picture.

6 Since its for. ation, the Joint Board Study Subec=sittee, co=sisti=g of Mr.- Erice - TEC, Mr.Chair =an;)Mr. kgsn - 7PC, and Mr. 317ar.s FPL (later Buchacan ,. have =st si= times a=d a great deal of work has been do=s. It is realized that this joist work has required extra effort ( over and beyond the nor=al assig=en'4 of the varicus people involved ami the Chai:=an e::l7.ressed the thanks of the =ain Co==ittee in ec==ending the Subec=sittee for its f1== vork. Particular credit was given for the . reviev which the Subecc:sittee =ade 'a deter

  • o if the short rs=ge plans of the three ec=panisa ce=d.icted on a long ra=ge basis. l l

Mr. Erice, Chair =:. of the Subec= ittee, presonted a plan for the joint beard study of the three syste=a as they =ay l appear about the year 1970 when the co=bined capability vill , i f be an esti=sted 10 " mien kv. Tour new plant sites ars '

                       \                                     ' projected, a=d units up to 500,C00 29 sice are i=t grated
                 - - - - - - . . . .                           . _ _ . . . .                          . . - . . . . _ . , . _         .          ,._._.2.,..      . .. . . . _
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o i I. M 6-40

                              .    .,                                                                                                     Recordssd 1/13/60 Published 6 Z/60                    ;

i WI A ~T V I Ft.CMdA OPEAUM COMGTEE , t Mi=utes of Maeting - Ja= nary 13, 1960 The sixe =eati=g of the Florida Cperating Co=i- .se vas held i= ths Ger.arel Offices of Florida Fcuar and Light C =pa=7, Mia=1, norida, Ja=sry 13, 1900. Prese=t: Mr. H.1. M:shell, Jr.) Ta=pe. Electric Cc=pa=y '

        -                                         Mr. J. E. Enrris                               )

Mr. A. P. Pers: ) noride. Pcuer Corporatics Mr. W. B. S'-a-d = )

                         -                         Mr. E. E. Page                                ) Ecrida ?cuer & Light Cc=;n::7 Mr. E. J. ES:ugal2.                          )

Mr. C. N. *='h'."' s ) . Part Ti=a Mr. H. V. Street Mr. J. W. Iack - Mr. V. D. Fm' - .* .

                                                         .W . I. L. 317 ass                       )

s The follevi=g h s. trief record cf the discussio s cd results'ef the =seti=&:

1. Miretas (M 4-5?) of aeti=g Jul;- 1,1959, a=d *-tes IEEEES (M kS?) of =ssti=g Ikne=iar 10, 1959, vere read a=d , AC M
   -                                        approved b7 ??C asi JPL. The Ta=pa represe=tatives prese=t had =ot has: i= at>'a- s at the earlier
                                            =seti=gs and hesitatad to appreve then as read. (Copias

! vern se=t to T0 .pa fer Mr. E':ks' approval. Ch ' -= -- received this 57 rstur: - *' asi the r.1==tes of these

   '                                        two =eeti=gs vare distrib=ted alcut the =1ddle of Ja==ary.)
2. Mr. Hicks a=d lle. S**=. had fc:varded to the Chai=s= C7EP.F.1UL

( prior to the seti=g, their te=tative overhaul schedules, SEULE ale =g'vith tabulatic=s shcwing expected Ic=thly peak leads a=d =c=thl7 capstilities. These schedules hr.d bee = c bi=ed with tha ta=tative sched:Is for FFL, and the Chair =a= prase=ted the coord1=ated schedule for discussic= at tha =aeting. Thsre were several i=portant ec=flicts. Sc=a cha=ges vers sda i= ths =seti=g - others ' vers ta=tatively a. reed upc= pe=di.g check b7 Massrs. Eurris and S'-- '= with their associates. (Subsequs=t letters fre: Mr. Hurris, TEC, a=d Mr. Si===ds, ??c, h th dated Ja=cary 19 rs=sved thesa conflicts a=d revised g coordi=atad overhaul schedules were dis +-ibuted Ja:- tj ' uary 2S to the three cc=pt=ies.) l W 64 go

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  • M 7-60
                   .(                                                     -           -                                                                             Recorded 6/23/60 Published 7/1/60

( FLC'tIDA CE?aTI?U CO?MTTES Minutes of Meeting June 23, 1960 The seventh =seting of the Florida Operating Committee was he.ll in the General Offices of Ta=pa Electric Co=pany, Ta=pa, norida, June 23, 1960.

                                                                                  .                                                                                                        I Present: Mr. J. D. Hicks                  )Ta=pa. Electric Co=pany Mr. Lester Ul=, Jr. )

( Mr. J. E. Burris ) Mr. J. R. Brice ) Mr. W. B. Si=onis } Florida Pcuer Corporation

16. J. T. Iegsa J .

Mr. H. V. Street Florida 7cuer & Light Co=pe=y it. H. W. Page It , I. S. Bccha=a= Fo11cvi=g is a brief record of the discussions.a=d results of the =seting: -

1. Mi=ntes (M 6 50) of =neti=g January 13, 1960 were read MIFJDIS

[ a=d accepted with one =inor cha=ge. ACCEPT C

2. 16. Page handed to Mr. Si= cuds, photostats of two OSCILLCG?.i?H osa417ogrs=s recorded at Sanford p--t. They were RECC3DS triggered by trouble on FPC li=ss and showed reclosure ti=a for FPC breakers. IPL =cv has30-:han=al oscillo-graphs installed ct Sa=ferd, Ft. ZWers a=1 Lauderdale pis=ts, with additional i=stallations scheduled for Cutler and Palatka plants this year, asi Riviers pla=t in 1962. There is also a 6-chs==e1 oscillegraph at the Mia=1 plast.

FFL offered to =ake cardMograss available to F?C a=d ( TEC vhere plots show 1:Lo:=ation of value to 2.ac. Both have fcture plans for oscillog-sph installaticus s=d i= the interir. are i=terested in seei=C parti =ent FPL os '"ogrs=s - it was suggested thr.t they contact th . W.D. y.r., mw or :PL. O

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                                                                                 -g 3                                      .

DRAFT l . H C-o,C 0V .- p 4 liove=ber 22, 1960

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                                                     .                                  I'd.nutes of Meeting
  • I*ove her 9,1960 -

v . 1 The alghth centing of tha Florida Operating Co ittee vcs held is' the Operatin;; Luilding of norida Fever Corporation, St. Petersburg, noridc, !! ova =har 9,1960. ( Present: Mr. H. A. M:shall, Jr.) Ts.=;t. Electric Compe g

a. r. :. :.. =Urr.,s
16. k*. 3. Si=onds )s Floride. Power Corport. tion v
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                                                                                                    .                    )

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                                                              . 16. *. T. Logs:                                      )                                                         .

Mr. 3. *.T. P.*.ge ) Flor W Power & Li;;ht Com,- 7 c.s.e

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                                                                                  ,                                                                                                       SC*CC.7.23 prior to the resting,, their tentative overha.ul sche:"'es, cls: v'th ::hnistions shov!.=g ez;ested re hl7 peck 1csis a-4 :. thly cr.pabilities. 'Ihese s:hedules had been ec:hicsd with tha tastatite schedule for FPL, and the C'r               zn prasen:cd the coordiented schedule for                                                               -

discussica ct thi saeting. There were sc*ere.2. :: "licts ( .

d ravisic:s vere =r.da to racove the=. (0 spies of the
e. greed schedules vere distributed to the three.ce-;- 'es
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( '. M 9-61 November 7, 1961 ,

                                              .      .              FLORIM OPEUTir G C0ftMITTEE
                                                                        . M.inutes of Meeting November 1, 1961                                                                   .

The ninth meeting of the Florida Operating Comittee was

            .             held in the Ganeral Offices of Tampa Electric Company, Tampa, Florida, November 1, 1961.                       ,

Present: Mr. H. A. Moshall, Jr.) Tampa Electric Company Mr. J. E. Burris ) Mr. M. F. Hebb ) Florida Power Corporation , Mr. R. S. Les ) , Mr. J. C. Huffer ) , Mr. H. W. Page -

                                                                                                          )    Florida Power & Light Co.

Mr. J. R. Sensen )

                                                                                                                                                                              +
                        -                     Tentative overhaul schedule for the three companies                                                                OVERHAUL were discussed and conflicts eliminated.                                        Copy      of     the             coordinated    SCHEDULES

, schedule is attached. l - \ . l

                                                                                                                               ~

m 1 l l U i . l

                                         ~ ~

I*_

                                                                                            *1**

hh u A . . _ . ( M 10-62 April 13, 1962 ( Ft.0RIDA OPERATING COMMITTEE Minutes of Meeting March 22, 1962 s A meeting of the Florida Operating Cennittee was held March 22, 1962 at thq Meter Builcing of Florida Power Corporation at St. Pets sburg. Principal reason for the meeting was to discuss and explore power supply plans for the next several years. Present: J. D. Hicks ) Tampa Electric, Company Lester Ulm, Jr. ) R. D. Welch ) R. E. Proctor ) J. R. Brice ) A. P. Perez ) Florida Power Corporation M. F. Heb b , J r . ) V.'B. Simonds ) . J. T. Logan ) H. v. Street ) Florida.Pcwer & Light Cernpany H. W. Page ) (~ E. L. Bivans ) K. S. Buchanan ) H. L Lowe (Ebasco) ) F. L. Poage (Ebasco) ) Following is a brief record of the discussions and results of ti's meeting: The Chairman referred briefly to the 1962 overhaul schedules, OVERHAtJL

1. SCHE 00LES revised February 27. No further changes are esquired at P.his time. Copies of the combined schedules for the three ecc-panies were distributed. Total reserva for unplanned outages ranges from 450 m to 650 m.

( Brief reference was made to operating problems brought about SYSTEM

2. PR03LEMS March 15 by forced outages of various units and one of FPL's main transret ssion lines. Purchasss from Southern Company MARCH 15 and Jacksonville were necessary over the peak when ths three-company available reserve was used up.

On Overhaul Forcec' Outaae FPC 48 Higgins No. 3 48 TEC Gannon No.1 130 Gacnon No. 3 175 p) (, FPL Fr.Myers No.1 I f.S Riviera Boiler 25 343 mw 248 mw Total unavailable over the peak - 601 ew

l 1 ( - O l l t . i i t . M - Il NOT PU3LisHg3 Sep ta~.har 25, 1952 ,

                         .                {.aa:Ing In Mia:mi to discuss changes an ove.-haul schedules.

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                                                                                                                   ~_.

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                           ~

r~~ - T T-h ( M 12-63 5/29/63 ( FLORIDA OPERATING COMMITTEE Minutes of Meeting - May 23, 1963 The twelfth meeting of the Florida Operating Comittee was held in the General Offices of Tampa Electric Company. Tampa, Florida, May 23, 1963 - Present: Mr. E. S. Geiger ) ( Mr. P.'R. Gibbons ) Mr. J. D. Hicks ) Mr. V. V. Hunsinger ) Tampa Electric Company Mr. H. A. Hoshall, Jr. )

  • Mr. H. A. Turner )

Mr. L. Ulm . Jr. ) Mr. R. D. Velch ) Mr. M. F. Hebb, Jr. ) Mr. J. C. Huffer ) Florida Power Corporation Mr. W. B. Simonds ) Mr. H. W. Page ) Florida Power & Light Co. (, Mr. H. V. Street ) The following is a brief record of the meeting:

1. Each company reported on construction status of new plants. STATUS substations and transmission lines. The su.wnary report is OF HEW included as' Attachment 1 to these minutes. CONSTRUCT
2. The 230 kv tie between the Indian River plant of Orlando CLOSURE (

Utilities Comission and the Brevard substation of. Fiorida 230*KV T: Power & Light Company will be placed in operation about BETVEEN July 15, 1963 soard studies indicate that there will be ' FPL AND ( some inadvertent power flow, and it is proposed that the method k of accounting now used by the Tampa Electric *cepany, Florida Power Corporation and Florida Power & Light Company be extended to include Orlando Utilities Cca. mission. Florida Power & Light' Company's load control will include this new tie from the dato of operation, but it will be necessary for Orlando to manually control for some initial period of operation. The transformer at Indian River is not equipped for changing taps under load, but reactive flow and voltage regulation are not expected to be problems. Florida Power Corporation will be concerned with the loading of the If nes south of Turner plant. ( -

1. -

M 13-63 l 7'is'53 O . FLORIDA OPERATlHG COMMITTEE Minutes of Meeting July 18, 1963  ;

         .                    The thirteenth meeting of the Florida Operating Committee was held in the Meter Sullding of Florida Power Corporation, St. Petersburg, Florida, .luly 18, 1963 Present:        Mr. C. H. Bennett                      )

Mr. J. R. Brice ) Mr. W. W. Hunsinger ) Tampa Electric Company ' ' Mrt H. A. Turner ) Mr. L. Ulm, Jr. ) Mr. M. F. Hebb , Jr. ) Mr. J. C. Huffer ) Mr. R. B. Lee ) Florida Power Corporation - Mr.,A. P. Perez ) Mr. W. B. Simonds ) Mr. J. K. Wiley ) Mr. H. W. Page ) Mr. H. V. Street ) Florida Power & Light Co. Mr. C. N. Whitmire ) The following is a brief record of the meeting:

1. There were no corrections to the minutes of the previous meeting.  ;

t Each company reported on construction status of new plants, STATUS

2. CF NEW substations and transreission lines. The summary report is CONSTRUCTION included as Attachment 1 of these minutes.

Overhaul Scheduls was revised to include several changes CVERHAUL 3 SCHEDULES Involving TEC and FPL. A cepy of the revised schedule is included as Attachment 4 of these minutes. 1

4. At the request of Mr. Ulm, Mr. .Brice reported the conclusions JOINT and recomendations of the study group in the matter of i STABILITY Joint Stability Study. Mr. Brice's report is included as STUDY Attachment 2 of these minutes.

It was decided to proceed with the recorm: ended initial study and Mr. Ulm will so instruct the study group. It is expected that work will begin about the middle of September. Mr. Simends reported on the proposed teletype network which' COMMUNi-5 would link the dispatching of fices of TEC, FPC, FPL, OUC CATIONS and possibly Jacksonville. His report, including estimated

                                     .. . t. :--i..s.s        t,. ch.<e minutes as Attachment 3
   -=-         -       --               --           - - . .       .    . . . .

9

       , '..f..
                     , ' \'                                                                                                      M 14-63 11/25/63 O                                                                       FLORIDA OPERATittG COMMITTEE The fourteenth meeting of the Florida Operating Ccmmittee was held at Orange 5 rings, Florida, September 19-2Q tc63.

Present: Mr. C. H. Bennett ) Mr. J. R. Srics ) Mr. J. D. Hicks ) Tampa Electric Company Mr. H. A. Moshell ) Mr. H. A. Turner ) Mr. Lester Ulm, Jr. ) Mr. M. F. Hebb, Jr. ) Mr. J. C. Huffer ) Florida Power Corporation Mr. K. Wiley ) Mr. E. L. Sivans ) Mr. E. J. McDougall ) Mr. H. W. Page ) Florida Power & Light Com'pany Mr. H. M. Paul ) , i Mr. J. G. Raine ) The following is a brief record of the meeting:

1. There were no corrections to the minutes of the previous
    .                                             meeting.
2. Each company reported on construction status of new plants, STATUS -

substations and transmission lines. The summary report is 0F !!EW j included as Attachment i of these minutes. CONSTRUCTICN i 3 Overhaul Schedules of July 18, 1963 were revised to inciude CVERHAUL ' several changes involving TEC and FPC. SCHEDULES Connercial operation of Cannon 4 hcs been delayed by fan difficulties. This in turn has delayed scheduled maintenance on other Gannon units. It is expected that Gannon 4 will operate connercially about October 7 and the maintenance of Cannon units will be accomplished as soon as possible there-after. TEC will keep in touch with other companies. FPC will take Bartow 3 out for a week beginning October 14. TEC is now projecting overhaul schedules on 5 year basis while FPC is projecting 2 years. It was agreed that the . , three companies should plan overhauls two years ahead and a () meeting to coordinate schedules for 1964 and 1965 was set up for October 23 at Tampa.

1 l __

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h .

      *                -                                                                                    H 15-63

(- 12/6/63 O FLORIDA OPERATING COMMITTEE The fif teenth meeting of the Florida Operating Comnittee was held in the General Of fices of the Tampa Electric Company at 9:00 a.m. on Dacember 3,1963 I Present: Mr. J. D. Hicks ) Hr. Lester Ulm, Jr. ) Mr. J. R. Brice ) Tampa Electric Conpany

                            .               Mr. H. A. Moshe11, Jr.)

Mr. H. A. Turner ) Mr. R. D. Velch ) Mr. V. 8. Simonds ) Mr. J. C. Huf fer ) Florida Power Corporation Mr. J. K. Viley ) Mr. H. V. Page ) Florida Power & Light Companf ', Mr. H. V. Street ) The following is a brief record of the meeting:

1. There wsrc no corrections to the minutes of the previous '

meeting (September 19-20,1963). l Each company reported on construction status of new plants, STATUS 2. substations and transmission lines. The summary report is OF NEW CONSTRUCTION included as Attachment I of these minutes. 3 FPC has rescheduled Turner No. 4 for the period November 18- GVERHAUL l December 16, 1963 SCHEDULES  ! FOR 1963 FPL has terminated its 1963 overhaul schedule because of ) seasonal. increase in load. Port Everglades No. I has been , I rescheduled to the Spring of 19%. Palatka No. 2 (90 mw), forced outage by generator failure, will be out of service I until about February 10, IS%, undergoing generator rewind and other necessary maintenance. TEC will have Gannon No. 2 (135cw) out of service until  : February 24, 1964 for generator rewind and other necessary maintenance. Hookers Point No. 3 has been rescheduled for April 19%. .

4. Overhaul Schedules for 19% and l' 965 were agreed upon at OVERHAUL .

the meeting at Tampa, November 6,1963 but it has been SCHEDULES necessary to make several revisions. FOR 19% c 1965 O V

           -                                           ~~ ~-

1/27/64 F1.0RICA CPERATING CCEMITTCE -O - The sixteenth meeting of the Florida Operating Committee was held in the Line , Department Suilding of Florida Pcwer Corporation at 10:00 a.m. en January 16,1c64 Present: Mr. J. O. Hicks ) - Mr. Lester Ulm, Jr. ) Tampa Electric Ccmpany Mr. H. A. Moshell, Jr. ) Mr. H. A. Turner

                                                   .         Mr. A. P. Perez                        )' .                                                                 *
                     ,     ,                                 Mr. V. 3. Simonds                      ) Florida Power Corporation Mr. M. F. Hebb , Jr.                   )

Mr. J. C. Huffer ) Mr. H. V. Page ) . Mr. H. t. Street ) Florida P4wer r, Light Company Mr. K. S. Buchanan ) Mr. H. C. Luff and Mr. Irving Reedy of Orlando Utilities Commission attended the meeting at the invitation of the Chairman. The following is a brief record of the meeting:

l. There were no corrections to the minutes cf the prev ~Ious meeting (December 3,1963) .
                                                                                            .             s.....           .-                               -
2. Each company reported en construction status of new plants, STATUS substations and transmission lines. The summuy report is OF NEV included as Attachment 1 of these minutes. CONSTRUCTION 3 Several changes were made in the Overhaul Schedules for OVERHAUL 1964-(Revised December 3,1963). "; ' 'SCHECULES' FOR 1964 Bartcw Sir. No. 2 and Suwannee Sir. No. 3 were interchanged.

Higgins Bir. No. I was rescheduled to September L9-October 3, 1964. Outage of Turner St r ro. 3 54y bi ~61 ate'd if Indian _ River No. 2 does not start on schedule. Cut'ler No. 4 and . Cutler No. 5 were interchanged. The ene' month delay in oper-ation of Port Everglades No. 3 may require scme rescheduling during April, depending en later review of load estimates. Tha City of Jacksonville will. require assistance fecm FPL during June 2 - October 1,1564 scried frem 8 a.m. to 10 p.m.

                         .                   daily and this may also affect schedules.                                                      ,                                .
               .                                                                                                                                                                  i Indian River No. I will be scheduied during Septe .ber 7 -

Octcher 19 period in order to avoid conflict with the over-hauls of Turner Sle. No. 3 and Riviera No. 4.

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                                                                                                                                                                             . E 

t M 17-64 4-9-64 ,

                                                              ~

FLORIDA OPERATl!!G COMMITTEE

                                                                                     ' ~
                       ' The seventeenth meetI~ng of the Florida 0perating Ccemittee was held in 'the 4;eneral Offices of Tampa Electric Ccmpany at 10:C0 a.m. cn March 19, 1964
                                                  .Present: Mr. Lester Ulm, Jr.                 )

Mr. J. R. Brice ) Tampa Electric Company

                                                              <Mr. H. A. Moshell, Jr. )                                   *     '
                                                              -Mr. H. A. Turner                )                                                             ,
                                                 .            -Mr. R. D. Welch                 )
                    .                                         .Mr. J.- C. Huffer               ) Florida Pcwer Corporation
                                                             - ar. J. K. Vil ey       .
                                                                                               )

i i cMr. E. J. Meccusall .) Florida Pcwer C. Light Ccmpany i :Mr. K. S. Suchanan ) Er. H. C. Luff and Mr. Irving Reedy of Orlando utilities Ccmmission attended the meeting at the invitation of the Chairman. ?

  • The following is a artef record of the meeting: - -
1. Mr. Ulm acted as Chairman in the absence of Mr. Page.

There were no correcticns to the minutes of the previcus - * '

                                                -meeting (January 16,1964).            .
2. The summary report en construction status of new plants, , STATUS substations and transmission lines is included as Attachment 1 0F NEV
                                             . -of these., min.ut.es.                    . . .      . . . .     . .

CONSTRUCT!C1 3 Several changes were made in the Overhaul Schedules for 1964.

                                                                                                                             ~~                            CVERHAUL SCHEDULES Suwannee Sle. No. 3 will continue through hacch 13 Suwanne h FOR 1964 Unit No. I was rescheduled to April 20 - May 4 Miami No. 8 i

was delayed, date to be decided. Palatka No. 1, having been _ rescheduled, has been ecepleted. Port Everg1'ades No. I was rescheduled to March 23 - April 3. Sanford No. 3 was rasched-uled to April 6 - 10. Riviera No. 3 and Lauderdale No. 5 were Interchacged. P. O. Knight Unit No. 8 will continue until March 30. Maintenance en Gannon Ble. No. 4 was scheduled for March 30 - April 13 Gsanon Unit No. 4, alr, No. 4 cverhaul is still scheduled for July 20 - August 31. Cannon Sle. No. 1

                                               ,and Cannon Sir. No. 3 were rescheduled to May II
  • June 15.
4. Mr. Brice reported ori che status of stability study. His JOINT rsport is included as Attachment No. 2 of th,ese ninut::s. The STASillTY Study Group will meet April 2 in Tampa.

I l O STUCy l

     . _ _ _ .                  . :. . . --            -.:        .                - -      - -        --           -       - ---- -           - - - * - - - - - * '        ~^

M 18-64 6/12/64 Ft.0RICA 0? CRATING CC? PIT EE T The eighteenth meeting of the Florida Cperating Committee was held at Orange Springs, Florida, May 21 - 22, 1964.

         .                         Present:        Mr. J. D. Hi cks                    )

Mr. J. R. Brice ) . Mr. H. A. Moshell, Jr. ) Tampa Electric Cemeany L

 ;                                                 Mr. H. A. Turner                    )
  • Mr. R. D. Welch ) ,

Mr. M. F. Hebb, Jr. ) Mr. J. C. Huf f er ) Florida Pcwer Corporaticn . Mr. George Marks ) t Mr. M. W. Page ) Mr. E. L. Sivans ) Florida Power r, Light Ccmpany . 1 Mr. K. S. Buchanan )

                                                  'Mr. E. J. McDougall                  )

Mr. J. G. Raine )

     #                                                                                                  Mr. H. C. t.uff and Mr. Irving Attending at the invitation of the Chairman                               were:       Bostwick,        Mr. R. L. Gittings Ready' of Orlando utilities Commission; Mr. T. W.

cod Mr. R. L. McCall of City of Jacksenville. ' l < The follcwing is a brief record of the meeting:

1. There were no ~ corrections ~ to the minutes.of the previous meeting
                                                                                                                                                              ~

(March 19,1964) . . STATUS

2. The summary r'eport en ccnstruction status of new plants, CF NEW r

substations and transmissien lines is included as Attach ent 1 CONSTRUCT I CM . of these minutes. 3 Several changes were made by FPL and TEC in the Overhaul Schedules for 1961+. (Not e: Ccpy of these new--schedcles was to have been includeA as Attach ent 2 of these minutes. Because._ of additional required changas, the revised schedules will be -

           .                         distributed later.)

Mr. Brice reported for the Study Grcup, the conclusions and JOINT

4. Report STAS I LITy recommendations on the Joint- Stability Study 1c54-1965 STijDY is included as Attachnent 3 of these minutes.
                          -         The Group was directed to preceed with a stability study of
  • 1966-1967, when there will be several cdditicnal 240 kv lines In service, iticluding the 240 kv tie between Florida Pcwer Corperstion and Ccorgis %er Company. Study is also to be made of 1965, with the 240 kv transmission from Suwannee to Silver Springs. ,, _,,

(h V .

                                                                                        ; .5 '.     ~~.T C                                                                 g.; , a,            .
                                                          . _ . _' ' l .~. i r e    ,

The nicat :n h e2eting ct t !.4 Florida Cperatinc Oc.mittee was held in

                                                             ~

St. Petersbur- in the Line Depart.7ent Buildinc of Florida Power Corp-()

                                                                                                  ~

orstion at 9:50 a.m. en Octoser 29, 1964. Present: Mr. Lestor Ulm, Jr. ) ,

                                -                   Mr. J. R. Erice                        )

Mr. H. A. Moshell , Jr. } Tampa Electric Comoany Mr. H. A. Turner ) - Mr. R. 0. Welch.

                                                                                           )

Mr.. R. E. Raymond ) Mr. W. 3. Simonds ) , Mr. M. F. Hebb , Jr. ) - Mr. F. C. Henry ) Mr. J. C. Huffer ) Florida Power Corporation Mr. D E. Knauss ) . Mr. 7. E. Marks ) Mr. R. J. McCoy } Mr. L. H. Scott ) ~ Mc. W. E. Scott ) Mr. J. K. Wil ey ) Mr. H. W. Page ) Mr. E. L. Sivans ) Florida Power & Light Company Mr. K. S. Suchanan ) Mr. J. G. Raine ) . . Attending at the invitation of the Chairman wors: 'Mr. H. C. Luff and Mr. Irving Reedy of Criando Utilities Cornission; Mr. T. W. Bostwick and Mr. R. L. McCall of City of Jacksonvil!e. The foliewing is a,brief record of the meeting:

1. There were no corrections to the minutes of the previous meeting
                                     -         (May 21-22,1964) .

STATLE

2. The sammary report on construction status of new plants,

[' CF NEV substations and transmission lines is included as Attach- ;0NSTRUCTION mdnt i of these minutes.

OVERHAUL 3 Overhaul schedules for remainder of 1964 were reviewed SCHEDULES and there are no confirets. Revised ~ Overhaul Schedules for 1965 will be coordinated at e forthcoming meeting in Mismi. ..

a h%N _-m

                                                                                 *
  • M* - .
         ~ * - - . -.

It 20-65 3-24-65 FLORI DA OPERATING CC.MtTTEE The twentieth meeting of 'the Florida Operating Cer:nittee was held in

  *     '#                        St. Petersburg in the Line Department Building of Flcrida Pcwer Cor-pcratien at 10:00 a.m. en March 19, 1565.
                                                                                                                              ~

Present: Mr. Lester Ulm, Jr. ) .

 "                                                            Mr. H. A. Moshell, Jr. ) Tampa Electric Cc:.pany
                                                                                                      ~ 

Mr. H. A. Turner ) i Mr. V. S. Simonds , ) ,

                 .                                            Mr. M. F. Hebb, Jr.       )

Mr. J. C. Huffer ) Florida Power Corporation Mr. R. J. McCoy )

                       -                                      Mr. J. K. W11ey            )

Mr. H. W. Page ) Mr. H. V. Street ) Florida Power & Light Co.

                                                             ,Mr. K. S. Suchanan         )                        ,
                                                .             Mr. C. N. Whitmire         )
    .                              Attending at the invitatice of the Chairman were: Mr. Irving Reedy of                                              -

Orlar.3o ,Utili ties Ccemi ssien: Mr. T. W. Bostwick, Mr. R. L. McCall and Mr. R. L. Gittings of City of Jacksonville.

      .            :           tThe forlicwing is a brief record of the meeting:'                                                          .
1. There were no corrections to the minutes of the previous meeting (October 29,1964). ,
2. The summary report en construction status of r.ew plants, STATUS OF NE'
                                        . .. ..::.ubstations and tc:nsmissien :1ines Is included as Attach-                         CONSTRUCTI 0:1 ment 1 of these minutes.                                    ,

3 *. Several changes were made in the overhaul scheduies for " OVERHAUL 1965: SCHEDULES TEC will exchange dates en Hookers Point 3 and - Hockers Point 5, and will censider exchanging dates on Gannon 1 and Ganncn 4 . FPC will start overhaul of Birtew 3 a week early - and will require four weeks for cc..pletion. FPL will exchange dates en Cutler 6 and Lauderdale 4 Also, FPL proposes to deley start on Lauderdale 5 to August 9 with four weeks for cce.pletion. Palatka 2 been delayed frem March I to Cctober 11. . O

                                                              ~ ~ - - *:                                                      --

sw- - \ . 6223/65

                                     ~

l Ft.CftI DA CPEP.f,T t NC COMM ITTEE

g. N. - 3
                     \j
       'i                             The twenty-first meeting of the Florida 0;:erating C:amittee was held in l
        ->                             Miami in the General Of fice Building of Florida Pcwer & Lignt: Company at 9:00 a.m. en June 23, 1965                                    -

Present: Mr. H. A. MosheII, Jr. )

               -                                             Mr. H. A. Turner                  ) Tampa Electric Cr.pany j

Mr. R. D. Velch ) i !.' -! Mr. R. E. Raymend )

           .'                                                Mr. V. B. Simonds                 )

(

  • Mr. M. F. Hebb , J r. ) Florida Power Corporation i

ll' Mr. J. C. Huf f er )

         ?j Mr. G. V. Marshall                )
        -4                                                                                                                                                    '

Mr. Loftin Johnson

        .M
                                                                                               )                                             .

l Mr. J.. V Keck )

  • ad Mr. H. V. Page )
        "fj                                                                                       Florida Pcwei- & Light Co=pany Mr H. V. St reet l             8                                                                                 )

I

             '                                                Mr. J. R. Sensen                  )
  • Mr. E. L. Sivans )

Mr. K. 5. Suchanan ) *

                                              ..              Mr    C.. N. Whi tmi re           )

Attending at the invitation of the Chairman were: Mr. Irving Reedy of Orlando Utilitics Connissien; Mr. T. V. Bostwick, Mr. R. L. McCall and' i- - Mr.' A. L. Gittings of City of Jacksenville. .. s! .

      ']

The follcwing is a brief record of the meeting: ,

      ;q
           ;            i                 -
1. There were no corrections to the minutes of the previcus
        .j meeting (March 19,1965).,

i 2. The sumary report en construction status of new plants, STATUS OF !. CCNSTRUCTIC substations and transmission lines is included as Attach .. ment 1 of these minutes. , Several changes were made Tn the overhaul schedules fr e ic65. OVERMAUL 3 lt was agreed that, in the future, ccordinated overhaul SCHECULES schedules will not include units smaller than 75 mw, except in special cases, and except for CUC and JAX, who may wish .

      .-                                          to continue reporting such units.                                .,            .

l ( l v ' .

                   )

i,22-65 8/6/65 ( Ft.ORI'C', OPC'ATluG CO:cITYE- . (O/ l T'he tv.enty-second meet ing of the Florida Cperating Cc-mitt ac was held in Tampa in the General Of fices of Tempa Electric Company at 10 a.m. cn August 5, 1965 Present: Mr. Lester Ulm, Jr. ) Mr. C. H. Bennett ) , Mr. J. E. Burris ) Taepa Electric Ceepany Mr. H. A. Moshe11, J r. ) Mr. H. A. Turner ) Mr,. R. D. Welch )

 ,                                                                                        Mr. M. F. Hebb, Jr.                  )                                                                                                         .

Mr. J. C. Huffer ) - Mr. D. E. Knauss ) Florida Power Corporatten Mr, G. V. Marshall )

                                                                          .               Mr. J. K. Viley                       )

Mr. H. W. Page ) Mr. H. V. Street ) Florida Pc..er & LI htS Company Mr. K. S. Suchanan ) . The folicwing is a brief record of the meetingt ,

1. There were no ccrrecticns to the minutes of the previous meeting June 23, 1965 The se. mary report on Construction Status of New Plants, STATUS OF NEW 2.

CCNSTRUCTION substations and Transm.issica Lic.es is included as Attach-ment 1 of these minutes. Several changes were made in the overhaul schedules for OVERHAUL 3 SCHEcutES 1965

4. ' The spinning ressrve for June 1965 was repceted on by SPINutNG Mr. Suchanan. The amounts of spinning reserve that the RESERVE.

five systems carried ever morning and evening peaks in June 1965 are given in Attachment 2. The total spinning reserve was greater than the capability of the .lar58'St unit over all peaks. . The present spinning reserve formula was discussed. There SPtNHING 5 are some who feel that revisiens are needed and this matter RESERVE will be discussed further at the next meeting. FORMULA The next meeting will be held at Orange Springs, September HEXT 6. 23-24, 1965 MEETING () .u . - (~. H. V. Page Chairman

        '( )

At tacht. cat s (2)

M 24-!A t/12/5' . FLCc!OA c.Ent.  : Ting cc: qr gg

     . a
            )                                                                                                                                                                     ,

i The twenty-fourth eetting of the Florida Operating . Cat. mitt:c was held in St. Petersburg in the Line Department. Suilding of Florida ?cwer Corporatic.. - ' at 9:30 a.m. on Cacamber 9,1965 1 Prerent: tir. Lester Ulm, Jr. ) ' Mr. C. H. Sennett ) Mr. J. E. Burris ) Tampa Electric Company

                                                     -       Mr. H. A. Hoshell, Jr.                     )

Mr. R. D tielch ) Mr. A. P. Pere: ) - Mr. R. E. Raymond ) Mr. H. F. Hebb ) ~ Mr. W. D. Simonds ) Florida Power Corporation i Mr. J. C. Huff er ) Mr. G. E Marks. ) ,- Mr. B. J. Marshall )

  • Mr. V. E. Scott )

Hr. J. K. Viley ) Mr. H. V. Page ) Mr. H.V. Street ) Florida Power & Light Company Mr. K. S. Suchanan ) Mr. H. C. Luff ) Orlando Utilities Commission Mr. Irving Reedy ) , Mr. T. V. Bostwick ) Mr. R. L. McCall ) The City of Jacksonville ' Mr. R. L. Gittings ) i The follewing is a brief record of tha meeting: ,

1. There were no corrections to the minutes of the previous -

meeting (september 23,1965). . The summary report on Construction Status of New Plants, STATUS OT !._

2. CONSTalfCT(T Substations and Transmission Lines is included as Attach-a ment I of these minutes. , .

The amounts of spinning reserve ,that'each of the five sy;tems SPINNING 3 RESE?NC carried over morning and evening pecks in Septeraer and Octcher 1955 are given in Attschment 2. The total spinning reserve w:s grc:ter than the capability of the Isroest unit . over all peaks exc2pt seven, with the deficiencies over these s sen pecks being only 13 mw to 78 ms (cr an average of 4I mw. bs/ ,

   %                                           -.. .                . . . . . . . . . . . . . . . . . -     ~       .

M 25-66

                                                 .                                                        4-5-66               l l

l FLCR:DA CPERA It!G COMMinEE

     ^    t
    "?             The t,.enty-fif th meeting of the Florida Coerating Cc, mittes aas held in Taeca in the General Offices of Tampa Electric Company at 9:30             a.;.. On February 3,1966.

Present: Mr. C. H. Bennett ) Mr. J. R. 3 rice ) Mr. J. E. Surris } Tampa Electric Ccmpany Mr. H. A. Moshel l , J r.) Mr. R. O. Welch ) Mr. R. E. Raymend ) , Mr. V. 3. Simonds ) hr. M. F. Hebb , Jr. ) Florida Pcwer "c.perstion e Mr. J. C. Huffer ) ' Mr. D. E. Knauss ) Mr. 3. J. Marshall ) Mr. H. V. Page ) Mr. E. L. Sivans ) Florida Power s. Light Ccmpany Mr. X. 5. Euchanan ) Mr. C. N. Whitmire ) Mr; H. C. Luff ) Orlando Utilities Commission Mr. Irving Reedy ) Mr. T. V. Bostwick ) City of Jacksenville Mr. R. L. Gittings ) . Ths folicwing is a brief record of the meeting:

1. There were no corrections to the minutet of the pre'rious meeting (Cecember 9,1965) .
2. The sumary report on construction status of new plants, STATUS OF ?;E'.i substatics.s and transmission lines is included as Attach- CCNSTRUCTION ment I of these minutes.

3 Peak load forecasts, actual peak leads, and,1 cad ferecasting LCAO arrers for Cecember 1965 . orning and evening peaks a're FORECASTiriG given in Table I of Attachment 1. AND SPINNING nESERVE

                                .he amcunts of spinning reserve that each of the f!ve systems l                               carriad during cerning and evening peaks in November and Cecember, 1965 are given in Table 2 of Attach =ent 2. The total spinning reserve was greater than the capability of the largest unit in service over all peaks except three. The l                               minime::. total spinning reserve was 417 r .i.            .

4 Mr. Whitmire reported for the Relay Subec..mittee. His report RELAY is included as Atu chment 3 SUSCCMMITTEE l l ' 1 i -

                                           * * '                                              "             ~
       -___.         .     -.a._                               .
                                                                                                                            ~'

m

i M 26-66 l 6/2/66 i

                                                                                                                                                                          ~,

FLORf DA CoER ATINO CO.9MITTEE . Tha twenty-sixth .ee:ing of the Florida Coerating Co.vmi::ee was held in Crange

       ;                          springs, Florida on April 14, 1966.

I i Present: Mr. C. M. Sennet: ) Mr. J. E. Surri s ) Tampa Elec:ric Coepany

       ,                                                                          Mr. R. C. Welch      *
                                                                                                          )
       ;                                                                          Mr. W. W. Hunsinger)                                                         .

l Mr. J. W. Wiley Florida Pcwe.- dorperation 1 ' t 8

       +

[ l ! Mr. H. W. Page ) Mr. E. J. McCougall) Florida Power & Light Company Mr. W. E. Cee ) Mr. V. D. Lang ) i Mr. Irving Reedy Orl.ando Utili:i es C=mnission Mr. T. W. Sostwick ) The Ci:y of Jacksenville Mr. R. L. Gittings ) The following is a belef recced of :he meeting:

1. There were no corrections to the minutes of the previcus meeting (February 3,1966) .
2. The summary report en Construction Status of New Plan:s, STATUS OF NEW Substations and Transmissien Lines is included as.A::achmen: CONSTRUCTION No. 1 of these minutes.

3 The formulae for calculating forecas:ing erece, and spinning sp!NN!NG RE5E reserve were reviewed, it was agreed that Sendays would be included in future recorts, an<f : hat revisions to original Icad forecasts should be shown. There was some discussion of the advantages of plotting vs. tabulatien of this data. Load forecasting error and spinning reserve pa:a fc. :he months of January, February and March 1966 are attac$ed in . ple::ed for= as Attachment No. 2. This' form of presentation ! will be continued if it meets gsneral approval. L. The 1966 Cverhaul Schedules were revie.[ed. A numbe. of CVERHAUL SCHECL*Li changes were agreed upon.

5. M. . Wiley reported en the status of Joint stability Study Joltti STABILITY Group. This is included as Attachment No. 3 STUDY i

O t g.- - g_g -,. 7 .9 , - + + , . ,y - -

_ _ . . _ . . . . _ _ - .- ~~ ~~

                                                                                                                               -M 27-65 6/30/66
                                                                                                                   ~

FLORl 0A OPE?.ATING COMMITTEE ('1 The twenty-seventh meeting of the Florida Operating Ccmmittee was held in' Orlando, Florida en June 16, lii6.

  • i Present: Mr. C. H. Sennett, )

Mr. J. E. Surris ) Tampa El.ectric Ccepany

         '                                             Mr. R. D. Welch                   )

Mr. H. A. Moshell , Jr.) Mr. J. C. Huf fer )

i Mr. J. K. Wi l ey ) Florida Pcwer Cseporation Mr. W. S. Simonds )

Mr. H. W. Page ')

  • Mr. E. L. Sivans ) Florida Poner & Light Ccmpany
.                                                     Mr. C. N. Whitmire                )

Mr. Irving Reedy ) Orlando Utilities Comnission

                                                     . Mr. D. Moore                 ,
                                                                                        )

Mr. T. W. Scstwick ) The City of Jacksenville Mr'. R. L. f.cCa l ! ) Mr. E. C. Nalte ) The follcwing is a brief record of the meeting:

1. There were no correc: lens to the minutes of the previcus  ;

meeting (April 14, 1966). *

2. The summary reoce: en Construction Status of New Plants, STATUS OF' HEW Substations and Transmission Lines is' included as Attachment CCNSTA'JCTION No. 1 of these minutes.

3 Lead ferscasting error and spinning reserve dat-a fer the SPINNING cenths of April and May were presented in plotted form and RESERVE discussed at sc:a length. This data is included as Attachment No. 2. 4. Tha status of 1966 overhaul schedules was reviewed. Florida CVERHAUL

                                       ?:ser Corp. , celando and Jacksonville have c==pleted their                              SCHEDULES s:.adules except for units scheduled in the fall. Florida P aer & Light C:. will have Cape Kennedy No. I cut of service until about July 11l and unless the weather is unseasonably mild, plans te schedule no further cutages until fall; and Port Everglades 1 & 2, and Lauderdale 5 will be carried over to the fall. Tampa Electrle Cc=pany will have Gannen 1 cut until June 26, and'will then have Cannen 4 out until July 25, followed by Heckers' Point 5 until August 20. Gannon 3 and 5 cenaln as criginally scheduled Decemoer 15, 1965.

(~T '

       .V

H 28-66 S'7'66

   ~

200484 ,jg FLCRICA CPERATiflG CO."MITTEE OThe twenty-eighth meeting of the Florida Operating Committee was held in Jacksonville, Florida on August 31, 1966. Present: Mr. C. H. Bennett ) Mr. J. E. Burris ) Tampa Electric Company Mr. H. A. Moshel l , Jr. ) - Mr. R. D. Welch ) Mr. J. C. Huffer ) - Mr. 8. J. Marshall ) Florida Power Corporation Mr. V. E. Scott ) Mr. H. V. Page ) Florida Power & Light Ccmpany Mr. H. V. Street ) Mr. H. C. Luff ) Orlando' Utilities Ccemission

 ,                                             Mr. 'trying Reedy             )                            ,

Mr. T. V. Bostwick ) Mr. F. Bristow ) *

                                                                                                                                      ,2 Mr. R. L. Gittings            )   The City of Jacksonville                                 w Mr. R. L. McCall              )                                                        i o

Mr. H. Millan ) - '--~ - - Mr. E. C. Hal l e ) Mr. R. L. Thompson )

                                                           ~

The following is a record of the meeting: -

1. There were no correcticns to the minutes of the previous meeting, June 16,.1966.
2. The sumary report on Construction Status of New Plants, STATUS OF Substations and Transmission Lines is' included as Attach- NEW ment 1 of these minutes. The second sheet of th,is CCNSTRUCTiott ,

attachment shows transmission additions and changes planned by Tampa Electric Ccepany.  :

3. Proposed 1967 overhaul schedules for the five systems were OVERHAUL revised. Several conflicts were resolved and schedules SCHEDULES l agreed upen. Printed schedules will be distributed by letter and are not included in these minutes. FPL expects to take Port Everglades 3 out for fcur weeks beginning ,

October 17, 1966, to be followed by Riviera 3 and Riviera 4, two weeks each.

4. Mr. Scott recorted fer f!r. Wiley on the status of the TRAi!S I ENT s

Transient Stability Study. Report is included as Attach- STASILITY ment 2. The, requested approval to proceed will be STUDY acbtained fec.. each system by its repre'idntative. *

           , , , , ,              ,.p.           ne   -*     ' " * '             
                                                                                                                                                                                    ]
             . .       s M 29-66 1/6/67         .
  ,        ,O                                                                        FLCR I CA CPE?ATI'!O C .uMI TTEE T

I. The :wenty-ninth ees Ing of tha Ficrida Opera:Ing Cc.mit:ee was held in t 5 . Petersburg, ~1orida en N:vember 10, 1966. i Present i . Mr. C. H. Sennet: -)'

       }                                                   Mr. J. E. Surris                               )    Tamps Electric Company
       !                                                   Mr. H. A. MesheIIc Jr. )

i Mr. R. D. Welch ) I Mr. J. H. Slanchard )

       .                                                   Mr. M. F. Hebb, Jr.                          )

Mr. J. C. Huf fer ) .

      .                                                    Mr. F. M. King                               )    Florida Power Corporacicn t
       '                                                   Mr. O. E. Knauss                     -      )

i. Mr. S. J. Marshall, Jr.) i Mr. Y. S. Simonds ) I Mr. J. P. Wiley )

                                                                                                                                                                                 ~~

M j w

    .:                                                    Mr. H. V. Page                              )

Mr. C. N. Whitmire Florida Power & Ligh: Company

     .!                                                                                               )
     ;                                                    Mr. H. C. Lu f f                            )

Mr. Irving Reedy ) Orlando Utilities Ccemission Mr.  ?.. L. Gi ttings .

                                                                                                     )      The City of Jacksenville Mr. R. L. Thcepsen                          )                            .

The following is a record of the meeting: 1. There were meeting no 31, Augus. corrections 1966. to the minutes of the previous

2. The s.. mary reper en Construction Status.of New Plants, STATUS OF NEV Subs:ations min- 1 and Transmission Lines is included asCONSTRUCTION
                                                                                                                                      -        Attach' 3.

Ldst f:riiss:ine errors and spinning reserve margins for AJ;us: a.-d Ses:e-ber were reviewed. (A::achment 2) . There FORECASTING

                                      ' wre n c: er:us days when c...bined forecasts were Icw, but                                           ERRCRS &

enly 'Ive or six days each month when ecmbined spinning SPitiNit.G RESERVE resam.'e was less than the agreed minir.um. The twelve month record margin proper will te examinet of error to forallcu. a possible conclusion as to the C. Ovarhaul schedules for :he remainder of 1966 were cod several mince revisions were noted. . reviewed OVERHAUL SCHECULES There .cas censiderable discussion of mein:c. ance probicms with ::ee:icular c. pnasis on manhours re:;uired for large units, trac: ors. manscuer I: s.ascrablems, agreed thatand the use of : ain enance con-general overhaul schedules

                     -s,-.                                                                                                              ~
                                           .w-                ,--w-          - - . ~         -~
-                 = --             _                                     ._                                                  ,

M F-*'7 - 2/12/67 h . FLOP. I O A C P E ?.AT I':C COMMtTTIE The inittie:h meeting of the Florida 0:erating Ccemi: tee was held in Tampa, Florida January 25 and 26,.1967. Present Mr. C. H. Sennett ) Mr. J. E. Surris (26th) ) Tamoa Electric Company Mr. H. A. Moshell, Jr. ) Mr. Lester Ulm, Jr. (26th) ) Mr. J. H. Blanchard ) Mr. M. F. Hebb, Jr. (16th) ) Mr. J. C. Huffer ) Florida Pewer Corporaticn

   '                                 Mr. 3. J. Marshall, Jr. (25th) )

Mr. W. 3. Sim:nds (16th) ) r Mr. J. K. Wiley (26tc) ) Mr. H. V. Page ) Mr. C. N. Whi tmi re ) Florida Pcwer ? Light Ccm any Mr. H. V. Street (16th) ) . Mr. Irving Reedy ) Orlando Utilities Co :nission Mr. Louis Stone ) Mr. A. L. Gittings ) The City of Jackscnville Mr. R. L. McCall ) Mr. E. C. Nalle ) T'he following is a rec rd of :he meeting:

1. There were no corrections to the record of the previcus meeting Nove.?ber 10, 1966.

STATUS OF

2. The, summary resort en Ccnstrue:len Status of New Plants, NEW Substations and Transmission Lines is included as CCNSTRUCT IO Att achnent 1. ,

FORECASTING 3 The 1966 record of load forecast ereces and spinning ERRORS ANO reserve margins for the individual and ccmbined systems SPtNNING was diseussed at scme Iength. (See At tac:-ment 2). RESERVE Individual system forecasting errers varied wide'y fecm about M - 10% high, to n - 10% low. There was, of course, scme diversity, but cNined forecasts appear to be subject te errer in the deficit direction of abcut 700 mw or possibly M. The error in the surplus di recti 0n was sc awhat higher, but is of course, en the safe side. Notwithstanding the forecasr errers, the amount of s In-ning reserve available on a: peaks was generally abeve the minimum. This situation resulted because on most occasicas th'e individual syste.s'ac:ually 9 carried more than their assigned sbarc of soinning reserve, and the forecasting cerer in the deficit direction was cance!!ec.

  - - - - - - . -        . ___             , , .      --      --        .-- . . . . .      . , _ .          ,__       *      -~w ee i

M 31-67 3/29/67 r.0Rf0A 0?? RATING con.wtT7?E (~'

      \

Tne :nir:y-!!rs: mee:Teg ci chi fterida Operating Ccemi: tee was held in Orengs Springs, Flcrida. March 16, 1967. Present: Mr. R. 3. Velch )

  • Mr. V. W. Hensinger ) Tampa Electric Cc=pany
  • Mr. C. H. Bennet: )

Mr. J. R. 3ric: ) Mr. Jim Slanchard ) Mr. J. C. Huf fer - ) Florida .*ower Corpcration Mr. O. E. Knauss - ) Mr. J. K. Wi ley ) Mr. G. E. Marks ) Mr. C. N. Whitmire ) Mr. K. S. Suchanan ) Florida Power & Light Company Mr. W. E. Coe ) Mr. C. L. 3allard' ) Mr. H. W. Page ) Mr. Irving Reedy Orlando Utilities Commission Mr. Ruper: Thompson ) City of Jacksonville Mr. Lcuts Gittings ) The following is a record of the meeting: -

1. There were ne correc:icns to the record of the previous meeting of January 25 and 26, 1967.
2. The su=ma.y repor: cn Construction 5: acus of New Piants, STATUS OF Substations and Transmission Lines is included as At:ach- NEW ment 1. CONSTRUCTION r

The TEC plans for transmission changes in the Pebbledale Substation area were discussed by Mr. Welch. These are - included as. par: of At tachment , l . -

3. The ccmbined :verhaul schedules for the years 1968 - 1972, OVERHAUL
!stelbe:ed by le::er dated March 13, 1967, were briefly SCHECULES discussed. The formula for spinning reserve should be-4 rsvie*~ed befcre :he 700-cCO ew units are placed in service.

The need for commen terminology for capabilities and peaks was recogniced. 4 Lead ferecas: errors and spinning reserves for Ja'nuary, FORECASTING February 1967 wert reviewed. The record is included as ERRORS ANO Attac.'=ent 2. It ..as agreed : hat in the future the plot of $ ? ! N.'l! MG spinning reserves shculd include Sundays. RESER"E

                                                             ,                       9. O OO
                                                                                        ,                                e os     .       * * * * *                     ' ""
   .p   m.,s,ow +s m -a n w -                               <-*-m+**'   * * * '

u u

t . H 32-67 {?i

        ;(J.'

s 8/3/67 I, FLORICA OPERATIMC COMMITTEE . I The thirty-sec:nd meeting of the Florida Operating Cc=mittee was held at the Crystal River Plant of Florida P:wer Corporation, July 24 1967 Present are: Ta=ca Electric Ccmoany - Florida Pewer Corporation'~'-

C. H. Sennett M. F. H2bb
                               'J. R. Sric'e#                                        J. C. Huffer J. E. Surris                                         G. E. Marks T. W. Farrew                                         G. V. Marshall H. A. Moshell                                        R. N . Rea rk*

T. W. Patrick

  • V. S. S*=cacs R. D. Velch J. K. VI I ey.s Florida Power c Light Company - Orlando " cili t t es Cc= mission -

E. L. Sivans

  • Harry Lu f f K. S. Suchanan# Irving Ready *#

H. V. Page H. M. Paul * - City of Jacksenville - , Louis Gittings H. E. Millan* # Study Gr:uo ?.epresentative E. C. Nalle#

  • Relay Subccr.mit ce Reoresentative Ruper: Thompson ,

The follcwing is a record of the meeting:

1. There were no corrections to the record of the previous meeting l

of March 16,,1967 l

2. The summary report en Construction Status of New Plants, STATUS OF l

Substatiens and Transmission Lines is included as NEW Attachment 1. - CCNSTRUCTION

3 Lead forecast errors and spinning reserves for March, FC.4ECAST ING l

A3ril, May, and June were reviewed and discussed. The ERRORS AMO record is enclosed as AttacNeent 1. SP l!!MI MG l RESERVES 4 Maintenanca requiraments for the remainder of 1967 were discussed. F. $viously planned outages for this period include Riviara 3 and 4, Port Everglades 3, Crystal OVERHAUL Alver 1, Gannon 5, !!orthside 1, and Indian River 1. SCHE 00LES The timing for Crystal River 1 and Gannon 5 depends on the coerating de.es for Cannon 6. FPL has deferred ~ maintenance en Turkey Point 1, Palatka 2. Cutler 6, Lauderdale 5 and must also convert Cape pennedy 1, (g Port Everglades 1. 2, 3, 4 and Turkey ?oint I and I to gas. Each cegani:stion will take advantage of becaks in surmer weather : cer plete as much work as pes's ible prior to the beginning of fall weather. Schadules for t5c fall a.,d winter period will ha firmed up when operating dates for Cannen 6 and Turkey Point 2 are known.

                 ~'_..       ~

3 .

                                          's M 33-67 9/20/67 i                                                               .

nop.t 0A OPERATi t:G CC.?tlTTEE

               -i                       7% :nre:y-:hird meeting of tne Florida koerating Comi tee was held                                              at thev.e re:

Presen j .sorthside ?lan: of :he Ci:y of Jacksonville, S.cotember N, 19c7. A Flor'da Power Corpora: ion

          . y.                                    T4.pa Electric Cc pany M. F. Hebb
          .I                                           C. H. Eenne::                                                            H. R. Mare!e 3              f                                        J. E. Surris                                                             W. B. Simo.!ds Ti                                           T. W. Pa: rick                                                  .

J. K. Vi ley . Q R. D. Wel:h

          . ;c 1

Florida Pewer r, Light Ccepany Orlandc (Jtilities Ccmission H. W. Page Irvlag R.sady . I C. N. Whitmica (g

      ,   j                                                                                            -                                                    tyg 1

City of Jacksonville

          } -

Wi1 bur AItman , h.m'. [.a r < , J./ Louis Gi: tings J. Lucas M. W b*4

          '                                            H. E. Millan                                                                  .           t,ff 4 4                 ;
c. C. Halle J k.mt, f t ffi ( -

I H. K. Sam cas f R. L. Thcmpson' . t . The follcwing is a record of the meeting:

1. A correc:icn was made in the recced of the previcus cristing of July 24, 1967 On Page 2, sub paragraph 6.) was changed to read, " Mcdifications should be considered for- :he trans-mission line relaying between Ranch and Ft. Myers :o crevent tripping during saricus system pcwer swings."

STAT'JS OF NEW

2. The sumary repor en Cons: rue:len 5:c us of New Piants.

COLTRUCTION l . Substations and Transmission Lines is included as A::ach. 1.

l FORECASTING 3 ' Lead forecast errors and spinning reserves for July and ERRORS ANO August are reviewed. The record colitinues to indicate some S P I Nti t tiG diversity in forecasting ereces with the net generally on RE3ERVE5 the high side. Combined spinning reserves a
time of peaks i ;are generally a: least 50% over :arget, and there were no days when the cc=bined figure was less than target. See Attach.en: 2.

i Gannon 6 is expected to be in ccmmercial operation by the OVERHAUL 4 , f .iddle of %:cber, and Gannen 1 should be returned to service SCHECULES ' by Septe .de-26,The scheduled six week cutage of Crystal River i FOR RE."AINCER has been shor:er?ed to two v.e.eks because the pecposed mod! fica- 0. 1967 tions must be deferred to 1963. These developments will permit a schedule :c be sci up for the Tampa Say area. TEC proposes to l l l l l I

                                  ' *~       M *4.N E D               %"'Te r       #, - .. ph. , , , ,              _     .
                                                "       * * "
  • megy.. ,g, , , , _ , _

(, } < M 34-67 i 11/27/67 { / FLCal0A CPERA?tN CCMMITTEE i bg , I' The thirty-fcurth meeting of the Florida Operating Committee was held in Orlando, November 16, Ic67. ^ Present were: - - Peorida Fewar Corcoration Florida Power & Liche Cemeany J. H. Slanchard H. W. Page i J. C. Hu f fer C. N. Whitmire D. E. Knauss - J. K. Wi ley .orlando Utilities Ccemission V. Gardner Tamea Electric Cemeanv H. C. Luff C. H. Bennett D. E. Mcore

        '                                                               M. M. Sostian                                                           T. C. Pope i                                                               Paul Folse                                                              Irving Reedy                                      .

T. V. Patrick L. E. Stone . City of Jacksenville , E. C. Halle The following is a record of the meeting: *

1. The Chairman anncunced the appointment by Mr. Pere: of ,
                                                               .       Messrs. Knauss and Huf fer as Committee members for Florida
                                                                    ' Power ;orporatien. Others attending for the first time were introduced.,
2. A correction was made in the record of the meeting of Sep t ember 14, 1967. The last two sentences of Paragraph 2,
                     ,                             .                   Page 3 were deleted, and the folicwing inserted:
                                                                               "totentional time delay will be 6 cycles for bussed subs:ations which have at least three terminals and
                                                                              .a which are either attended or provided with sug ar-
                                                                               -visory centrol for feeders connected to underfrequency
                        ,                                                      ~ relays. Intentional ti0m delay will be 12 cycles for all other substations. Solid state relays                                        will be censidered for future installations."

3 The summary report en Constructica Stat.us of New Plants, STATUS OF NEV

                                                                  -Substaticns and Transmission Lines is included as Attach l. CONSTRUCTION
                                                     '4-Load forecast erects and spinning reserves for September                                                  FORECASTING and Octcher were reviewed. There were no days when the                                                     ERRORS ANO spinning reserve for the ccmbined systems was less than                                                   SPINNING RESEAVE.

rtarget. See Attachment 2. , t . r%s .

                                                                                                                                                     ~                         -              -
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                    ~
     -                                                                                                                                         H 35-6G 2/8/68
                            ~

l (~' .FLCRICA CPE?,ATINC CCMMITTEi

u.)'

The thirty-fi f th meeting of the . Florida Operating Cc=mittee was hePd in Tampa, January 13, 1968. -

                        .        Present were:

Florida Power Corocratien Florida Power & Licht Cemeanv J. H. Stancharc H. W. Page J. C. Huffer .K. S. Suchanan D. E. Knauss . C. N. Whitmire

  • W. B. Simonds J. K. Wiley Orlando Uei lities_Cemmission
  • T. C. Pope Ta :a Electric Cc.cany Irving Reedy C. H. Sennett M. M. Bostian City of Jacksenville J. E. Burri s R. L. Gittings H. A. Moshell, Jr. E. C. Nalle R. E. Proctor R. L. Thompson Lester Ulm, Jr.

R. O. Welch . The follcwing is a record of the meeting:

1. There were no changes made in the record of the meeting November 16, 1967. However it should be noted that future meeting dates were changed as noted below. -
2. *Secause of certain conflicts, it was agreed to change the regular meeting dates frem the third to the second Thursday of ode months. Meeting dates for the renainder of 1968 Will be:

March 14 St. Petersburg May 9 Orange Springs July 11 Jacksonville September 12 Orlando November 14 Tampa 3 The sum. mary report on Construction Status of New Plants, STATUS OF NEV Substations and Transmission Lines is included as Attach.l. CONSTRUCTICM New items and changes since previous meeting are shown. 4 Lead forecast ereces and spinning ecserve for November and FORECASTi"G Occc.r.ber were reviewed. There was one day when the spinning ERRORS AN3 reserve for the coc.hi. nod systects was less thcn tc?get. The SPINNI"G 3 comple.c record f or the Year 1967 i s ir.cluded as At tach. 2. RESERVE gJ

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r ,.s.n... l ~ T : .- 1 :: : :er C: : a:1:n .1 cr i da ? v:e r E. L i ch- ~ c ._ J. M. 51anen rd K. 5. Suchanan J. C. Muffer H. V, ?cge l

0. E. Knauss H. V. Stree: -

G. E. F. arks i

5. J. Marshali Orland: Utili:ies Cc .-iss*:-

t k, .s.. .. simones Irv.ing neecy l J . h. . ... ai ley C.tv i c- Jc:,xsonv.,1 i:

a.  : Eie::r!- Cc :a.v  ?. . L. Git:ings C. M. Benne:: .

R. L. Them:sen - , .. . outras .

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                                                          .r ea a . . . y . w. e The fell ring is a reco.-d of :he meeting:
1. There .,ere no changes made in the re:Ord of the meeting
                                        ., a n.;a ry a s ,

t .. . .;os.

2. The sa.- arv r e::,r: en Cens:ruc:ic. -

5:atus of New ?lants, STATL'S C: NEW l 0.cs:a.i:n: &n: Transmission Lines is included as A::acn.1 C CUST?.' JCT i C.* l New i ems and enances since crevicus meetin= are shown. l ' 3 The s:a:es cf un:erfrecuency relay installations: STATUS 0: U N v' c~ v-~ ~'..: s' " ...". ~. v. r?C ,..wa.i ting rece.ipt of relays - no change n- Lnv. a.. since last meet.a n o. . l TEC - IL6 .w new connec:ed.and spt for agreed values. Shioment of solid' state relays delav.ed. still planning to have all under-irequency reicys in cperat. ion oy end c.a 1..o. g .

                                                                                                                                                                                     ;c.

C'JC - All ~ relays set on agreed values.  ?,e f i n'e. men t s l

                                                                            .        ...a..

l Jn..X ,...

                                                                             .ii          relays se: c- agreed values.                                                                                                                   ,

f F?L - All relays set on agreed values." l s f% U .

       .--.          _- -               .           _ - . . .                                    . __                     .      _4.                      .._                   .                    . .       _ . . _             . . _

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                                                          -      " g cf :he F'Orida Opera:Ing Ceri::ee was held e: Ortnge S-rings, Flcrica, Pay'9, 1963.
                         ? esc-: were:
                                                                                                      "lcrida Porer & Licht Co.              #
                                  . Terida ?c rer Cor:er?:' ion K. S. Suchanao J. h. 3 : cnc ha.-:                                                H. V. Page R. V. Claussen                                                     H. V. Stree:

J. C. huffer D. E. Knauss i Orlande Utilities Cc-missie. A. S. Leigh T. C. Pope J. K. Wiley Irvines .Re e dv. i Ta-:e El e:-r:: C:-ca.v City of Jacks ville C. M. S er.n e:: J. E. Surris R..L. Gi: tings W. W. Hunsinger E. C. Ns!!e R. L. Ih0.?pson R . E . F r 0 ; o.- R. O. Wel:h i The folic ir; !s a re::rd of :he .ee:ing: m

1. The-e we. a r.e chances made ir the re:ord of the mes:ing her:  % . :-::.

STATUS OF NE'. on Cc strue:! n Status of New ?lar.:s, I f I

7. . The su= arf recor: COMST?.' JCT ! C::

Substatic.s ar.d iransme5seen Lines is included as A::ach.1. New ite-s anc changes since previous rise: Ing are sh0wn.

                                                                                                                              .                        5., .*. e.

_ . , S v e-

                                           .he i

s:a:cs of un,erfrequer:y relay . installations: ,J...n-

                                                                                                                                                            . . , . ec,, . . .

RELAYS FPC - Expe: ing shipment of relays May 15th - nc change since Icst meeting.. . TEC - 146 mw new connected'and se: for agreed values. Shipment of solid s:ste re!cys delayed, still planning to have ali unde.--

                                                                    - -ve :, r+9vs in cecretion by end of 1363.

l t OLC - All relays set on agreed vclues. Refinements planned. I l r J AX -s Al l relays set on agreed values.

                                                        ??L - All relays se: on agreed values.

I: . 2 5 .- e : : : .ed t ha Ger.eral Electric new h:s a solid U

               \

s:s:e u.derfec;uency relay en :nc markat. l ! t

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                              -                                    (                                                                                                          .

H 38-68 8/14/63 t . 1 FLCRf0A CPERATING CC.uwlTTEE . The thirty-eighth meeting of the Florida Operating Cernnittee was held at Jacksenville, Florida, July 11, 1968. Present werc:

  +                                       Florida Pcwer Cor eration                                     Flo r ! da Pcwe r C. L i che Co . , ,,, . , ,, , ,          '

J. H. Slanenard H. W. Fage J. C. Huffer C. N. Whitmire

                                               ,D. E. Knauss Tacoa Eleccrie Cemoanv                                          Orlando Utilln es Cemi s sien C. H. Sennett                                                 Irving Reedy M. M. Sostian                                                               /

J. E. Surris City of Jacksenville, V. W. Hunsinger J. A. Lucas , J r. ~ T. V. Patrick E.~C. Halle R. E. Proctor R. L. Thompson R. D. Welch The follcwing is a record of the meeting: Mr. Mcbart H. Jcost, Vice Chairm.in of the Jacksenville Electric i -Authcrity, and Mr. Clyde V. Simpsen, Cc.-missioner, Oe:artment of Electric and Water Utilities, were increduced to the group by Mr. T. W. Bostwick.

                                   -1.         Minutes of the meeting Pay 9,1968 were correcrec as folicws:

Last sentence of item 5, first subparagraph relat:ng to Crystal River outage to read, " Scheduled cutage has been j_ extended because of cracked turbine biede cles".

2. The sumary report on Ccnstruction Status of New Plants, STATUS OF NEW Substations and Transmissica Lines is included as Attach.l. CONSTRUCTION

, 3 cuC, JAX and FFCorp.have finished all major maintenance work MAINTENANCE l scheduled to be ecmpleted before the summer season. FPL is SCHECULES currently rewinding Cutler No. 6 generator (135 mw) with completien scheduled for August 1. TEC has work remaining.cn the Cannen units and the schedule will depend en the summer load. . It was agreed that maintenance schedules for the pericd Octcher - December 1963, and for 1969 will be ecordinated l at the regular meeting to be held in Or!'ando Sep: ember 12th.

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The : hie:y-ninth 2cti..; cf :he Ficri 2 Ope.a.in; Cc mi::ct ..as held at Or'! and:, Florica, Sep: ember 11, ! ,i' .~ . Pres?.nt iere. lorida ?..er Cce~ oration

                                                   .                                                            71orida ?qn_ce,                  Lieb: Co.

J. H. BlancharE J. S. Eeil , J. . J. C. htffer K. S. Buchanan

0. E. Knauss W. E. Coe A. 3. Leigh H. W. ?sge G. W. Marshai1 A. O. Sch.idt -
                                    'l. 3. Simonds                                                                      C. n.'.Qitrice J. K. Wiley Tam a Electric Co canv                                                            Criz-do Utili-ies 00mmissice C. H. Sennet:                                                                           H. C. Luff J. nc. surr.s i                                                                    0.    -
                                                                                                                                      . Moore W. W. Hunsinger                                                                         T. C. Fope R. E. Proctor                                                                            Leving Reedy R. D. Weich                                                                              L. E. Stone City of Jacksenville                                                                                                     .

(Jacksonvi t i c El ec ric Authori ty) (as cf 10/1/63) R. L. Git-ings E. C. iialle R. L. Thompsca 4..ge fol.ew.ing i is a recerj or tge meeting: ..

1. No changes ware made in the record of meeting of July 11,1953 '
2. The summary .eport on Construction Status of Me.s ?lan:s, ETATUS OF Substa: ions and Transmission Lines is included as At:sch. 1. CONSTRUCT it 3 n
                                      . a
                                           .ra f: ec;or: en tu..o respo.4se of all systems to the ,6 css                                                                n...--
                                                                                                                                                                           .sa r s r.t r u of Turkey ?oin- Plan:, ahich was prepared cy F?L with -he                                                                         C7: LC55 0F s ,..4 . . .. .
                                                            .     ...2 .. ... . . . . _ ,... ..
                                                                                                                  . . . . , . . . . . . . z..

Discussion incica:ed that sc..c cc.rectic.s and addi:icas ?LA:;T should be made before the report is reicased for general AUGUST 6 ii in.ase changes a.ll bc ma,,a by r., n c i teu ,. a t i ca . i e. and for review, the report will be svtmi;;ed to a special subcom-mi ttee made up of C. N. Whi .?.i re, C. H. Bennc;;, ?.. L. Git-ings, J. C. Hufier, and Irving ?.cedy, Chairman. Assu.ing agree.m:nt and approval, :he report wil! then be distribo'.ed FOr USC I2y c50h tyste.m. t N--- -- _ _ . - i m N mg g .s. e.* % .* - .we* * - -mu...-we .e - - _ ~

                                           .. -                                                                                          I M 40-68 II/26/68
           ~.       . , .
                                                             ~'#                       ,

I FLORIDA OPERA

  • LNG CCMMITTEE-The fortieth meeting of the Florlds Coerating Comittee was held at.

Tampa, Florida, November 14, ic68. Present were: Florida Power T, Liche Cemeany "F lorida Power Corecrat f on Mr. J. S. Bell, Jr. Mr. J. H. Blanchard Mr. K. S. dchanan Mr. D. E. Knauss Mr. H. M Paul Mr. G. E. Marks , Mr. W. B. Simonds Orlando tilities Cemission Tamoa'Electri c Cer eany '

r. Irving Reedy Mr. C. H. Bennett Mr. M. M. Bostian Ja senville Electric Authority Mr. J. 'E. Surris Mr. V. W. Hunsinger Mr. R. L. Gittings Mr. R. E. Proctor Mr. H. E. Millan Mr. R. O. Welch Mr. R. L. Thcmpson The following is a record of the meeting:
1. No changes were made in the record of the meeting of .
                                  -                    September 12, 1968.

STATUS OF

2. The sumary report en construction sta us of new plants, CONSTRUCTION substation and transmission lines is !c.cluded'as .,

Attachment 1. \ 3. A graphical summary of load forecasting errors and ANO spinnin reserve margins +for the period April through September 1968 SPINNING ERR RESER'. - This is included as was distributed and reviewed. Attachnent 2.

       -    - - -                     - - - - - - . ~ . - - - . -      . _ _ . _              . , . _               , _

RECCMMENDATION!

4. Mr. Irving Reedy, Chairman of the Special Subecmmittee ' -0F SPECIAL appointed September 12, 1968, reported en the rec::mnen- CCMMITTEE dations which were formulated in Subcomittee meeting in
 ,                                                       Orlando, Octcher 6, Ic68. These                             recommendations are The follcwing is an outline of l                                                       included as Attachnent 3 I

the discussion: j O

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             ~

r

  '* ..           ..e M 41-68
                                                                                                                                     .      1/3/69 FLORIDA OPERATING COMMITTEE
          )

The forty-first meeting (special) of the Florida Operating Committee was held at Tampa, Florida on December 3,1968.

                                                                                                               ~

Present were: ,._, Florida Power Corocrat ion Florida Power & Licht Comoany J. H. Blanchara K. S. Suchanan J. C. Huffer H. W. Page D. E. Knauss A. D. ScNnidt B. J. Marshall G. V. Marshall Orlando Utilities Commission W. S. Simonds Irving Reedy J. K. Wiley L. E. Stone Tamoa Electric Comoany Jacksonville Electric Authority C. H. Sennett R. L. Thompson J. E. Burris V. V. Hunsinger . H. A. Moshe11 R. D. Welch The following is a record of the meeting:

1. Mr. G. Pierce Wood, Vice President of Tampa Electric Company, thanked the groep for the excellent help his company received f rom the other utilities when the Gannon Plant was lost by fire on November 20, 1968.

Due to the power supplied by the other systems, Tampa Electric Company was able to sustain the loss of all six units in this major station without the loss of any firm lead except for one customer. Mr. Wood also commended the group for their efforts in the design and operation of the individual systems in peninsular Florida in that trouole of such magnitude did not produce system-wide difficulties. He expressed the hope that none of the other systems would experience

  • such a catastrophe, and stated that TEC would be ready to reciprocate at all times. . .

l l 2. Report was made by TEC on the loss by fire of Gannon Plant, November 20, 1 1968. Movies and photographs of the damage were shown.  ! Unit No. 3 was returned to service on November 21, and Unit No. 4 was in service on November 26. It is expected that Nos. I and 2 , I will be returned to service about December 10 and December 23 respectively, after internal inspection and repair of bearings and seals. Damage to Nos 5 and 6 units is being assessed but it appears -

    ' (:)
1 1
      - * = - ~ - - - . *           - -                ,. .       . . . . . . . . . . _ _           _. , . . , , , , _ _ , , , _               _ _ , _ , , , , ,       ,
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                           .                                                                                                                                             H 42-69
          -                                                                                                                                                              2/26/69 FLORI DA CPERAT I NG CO.MMITTEE

( - l The forty-second meeting of the Florida Operating Committee was held at i St. Pe:ersburg Florida on January 22, 1969. Present wors: ,, Florida Pewer Corooration Florida Power & Licht Comeanv i

          .             .             .             J. H.         Slanchard                 .._            ...E. L. Sivans                                               .
 '                                                  R. V, Claussen                                             H. W. Page A. Friend                                                   C. N. Whitmire J. C. Huffer F. Ki ng                                           Orlando utilities Cemmission
0. E. Knauss T. C. Pope
 .                                                 A. Leigh                                                    Irving Reedy G. W. Marshall i

V. S. Simonds " Jacksonville Electric Authority R. T. S t eel e R. L. Gittings V. V. Thompson R. L. Thompson Terrea Electric Cemeany C. H. Sennett J. E. Surris P. D. Folse V. V. Hunsinger R. E. Proctor R. O. Velch l < The following is a record of'the meeting: - l

 .                                          1. No changes were made in the records of the meetings of November 14 and December 3,1968.
2. The summary report on construction status of new plants, STATUS OF i substations and transmission IInes is included as CONSTRUCTICN Attachment 1. ,

3 The graphical summary of load forecasting errors and LOAD FORECASTINC spinning reserve margins for the year 1968 was presented ERRORS AND and reviewed by Mr. Whitmi re. In most re:pects, the SPINNING RESERVi record is similar to that for 1967 with about the same i variability in Individual and combined load forecasting l errors and spinning reserve margins. Note was made that TEC maintained its required margins notwithstanding the loss of considerable capability at the Gannon Plant begin-ning November 2C,1968. The compitte record is included as. Attachment 2. l (T 1 .

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} M 43-69

      .,                                                                                                                                                                                                                                                                                                                                                    3/27/65 (s

v _F'.0Rl0A CPERATING COMMITTE" The forty-third meeting of the Florida Ocerating Comul: tee was held at Turkey Point Plant scuch cf Miami, en March 13-14, 1969

                                                                 ? -- J er. : .2 e c t :                                                                                                       .
                                                                                                                                                                                               ._-                                                                                                                                                                     ~

Florida Pcwer Corecra:len Florida Pcwer & Light Cemeanv J. H. Blancnard J. 5. Sell R.**. Claussen K. S. Suchanan i

         \

J. C. Huffer W. O. Lang

0. E. Xnauss H. V. Page A. S. Leign H. V. Street J. X. Wiley C. N. Whitmire James Yent:

Tamea Elec:.-ic Cemeanv ~ C. n. ienne:: Criacco Utilities Ccmmissien J. E. Surris T. C. Acce M. A. Mesnell, Jr. Irving Reedy. A. 3. Veich L. E. Stene Jacksenville Electric su :hcri v A. L. Gi::ings R. L. Thempscn t' TNe folicwing is a recced of :he meeting:

1. Mr. McGreger Smi:h, Chairman cf the Scard of Ficrida Fewer
                                                                                                                                                     & L!gh: Comeany, scoke to the gecup en :he deveicpmen: cf
ne Turkey ?cin: pecper y as a =cwer plant si:e and as a wild life refuge. The group was later :aken en land and water
curs of. :he site. An unscheduled visit was made to the lcca:Icn where :Me readway had failed, and :he 760 mw generater stator for Uni: No. 3 has fallen in :he Florida Ci:y Canal .
2. The Chairman anncunced the appointment by Mr. Hicks of Nessrs.

Surris and Velch as Ccmmi :ss menbers for Tampa Electric Co. 3 No changes were hade in :he record of the meeting.of 1/22/69

i. The sumnary reper: on construe:icn s: acus of new plants, sub- STATUS OF staticos and transmissica lines is included as Attachment 1. CONSTRUCTICN 5 Gannen 5 was re:urned to service February 21, 1969 It was MA I NTENANC E remcved frem service March 5 for tube repairs and is expected SCHEOULES to be in regular service abcut March 25 Gannen 6 has slipced from the expected cpe. ating da:e cf May I,1969, and is new estimated :c be re:urned :c service "in the men:h of May".
       , . .                                                                                            6.

Mr. repce: Benne:: dis:ributec final cesies of :he confidential Loss GF CANnCn

      lll                                                                                                                                                                on cecedinated cpera:icas acccccanying and fol!cwing
he icss of Gannen Plant en November 23, 1966.  ? LANT-G? ERATI NG RE?CRT C __ _ . - _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ - . _ . _ _ _ . _ _ . . _ _ _ _ _ _ _ _ _ . _ _ . _ _ _ _ _ _ . . _ _ - _ _ . . _ _ _ _ _ _ . . _ . _ _ _ _ _ _ _ _ . . _ _ _ _ _ _ _ _ . . - _ _ _ _ _ _ _ . _ _ _ _ _
      .                                                                                                                        l M 44-03 4/22/63 FLCA i CA CF E'ATliC CCF.h ' 77EE 1

The forty-fcurth meeting of the Florida Operating Ccmmittee .<as held at'Criando, Florida, en April 'O. 1960 Present were: *

                           -' Florida Power Corcoration                        Florida Pcwer & Light Cem:any J. H. Blanchard                                J. S. 3 ell J. C. Huffer                                    H. W. Page
0. E. Knaus s . H. M. Pad!
- H. V. Street e

Tamea Electric Cemoanv Orlando Utilities Ccemission C. H. Sennett H. C. Luff 1 J. E. Burris T. C. Pope W. V. Hunsinger irving Reedy

  ,j                                R. D. Welch                                     L. E. Secne          .

Jacksonvill- Electric Authoritv

  • R. L. Gittings A. L. Thcmpscn
                                                        ~

The follcwing is a record of the mewting: -

1. Procedure for,Esec. ary 'ftJr SyS0cm U$30arbcr.cs (centa- AECOVERY AFTE3 tively adcpted at Turkey Point March 14) was discussed SYSTEM further. Lead res toration a f ter a major ! css (Ccnditica CISTUASANCE 4

111) must be closely ccordinated between the dispatchers in order to limit FPCorp internal ties to appioximately

   !                              150 mw In. Grea:er inficw causes Icw vcitage pecolems in
   ,                             FPCorp,.servic; area and increases the chances of another split. Mr. Huffer suggested that before restoratien of load is attempted, each system should over generate probably on the order of one-half of the amount which it intends to restore in a particular step.                   -

l After some discussion including a review of the load restoration in the Fort Everglades incident, it was decided not to change the wceding of Eccovery Aftar Sys:cm Discurcencs, but to let it s tand as wri t ten. It was agreed

that in an emergency the five dispatche s will work together to achieve a fair and equitable restoration of Icad.
2. Fcur of the five systems have verbally ind ica ted approva l FULL PEA 100 l of the procosed extension of the full pericd leased voice LEASE 0 VOICE i

circueC to include,Jacksenville Electric Authority. All CIRCUIT EETug-g' systems were asked to.cenfire :he app; oval by nets to CISPA7CHl;C

        $( S                    Mr. Paga as requested in letter dated March 31, 1963                        OFFICES b                                                                                                 NOT Ll!!E) i

l 3 EI.B EXIIIBIT NO. R

                 -                                                                                                   M 45-69                    l May 19, 1969               J (n                                                                                                                            ,
   . - (_)

1 FLORl0A OPCRATING COMMITTEE The for:y-fif:h meeting of :he Florida Operating Connittee was held a: Jacksonville, Ficrida, en May IS,1969 - Present were: t Florida Pcwer Cerceratien Florida Pcwer & Light Cemeanv J. n. Alancnarc . J. 5. Sel i , Jr. g J. C. Huffer H. W. Page

0. E. Knauss H. V. Street Tamca Elec:rie Cemcanv Jacksenville Electric Autherlev C. d. Sennet: A. L. Gittings J. E. Surris A. L. Hester V. V. Hunsinger R. 3. Velch H. E. Millan R. L. Themesen h, ,'ou .w ) -

C. Vashburn' lW &r Y'" U Orlande Utilities Ccemissien '"tsd2' t Q.

                                                                                                                            ' s.
                                                                                                                            't T. C. #cce                                  (.u[l M M i

Tli n y a L t-( The follcwing is a recced of the mee:Ing: I. No changes were made in :he racceds of the meetings of March 13-14 and April 10, 1969

2. The summary recce: en cens: rue:Icn s:atus of new plants , STATUS OF substaticns and :ransmissien lines is included as CCNSTRUCTION Attachment 1.

3 Tamca Elec:ric Cemoany 'reper:ed : hat Gannon No. 6 should MAINTENANCE j be in service in late June er early July. Factory repair SCHEDULES 1 of the low pressure spindle has been delayed. ( Orlando Utilities Ccmmissien becught up the subject of maintenance plans beycad the summer, and it was agreed - that sched9les for :he fall of 1969 and sprir; cf 1970 wculd be coordinated at the July meeting. Turner No. 4 will be out of service for two weeks beginning about May 13. Cape xennedy No. 2 is expee:ed :u be in reliable cperatien by June 1, and Florida Pcwer & Light Ccmpany will take Turkey Point No. I cut of service for four weeks to replace auxiliary switch gear. I ("\ l . _ , , , , , __,,, - . . . . . -- ~~*-----*t *-~ " ~ ' '~ P " ~ ~ ~ '

M 4'6-Et .

                                                                              .                               8/19/69

() FLORIDA OPERtTING COMMITTEE The forty-six:5 mes:ing of the Florida Operating Ccm=it:es was held at Orlando, Florida, en August 1, 1969, ~ Present were: i Florida P:wer Cercoration Florida Pcwer & Light Cemeany J. H. Blancnard J. S. Sell, Jr. j P. O. D'Agostino H. W. Page 5 t J. C. Huffer A. G. Schmidt D. E. Knauss H. V. Stree:

3. J. Marshall W. 3. Simends Orlande Utilitias Ccemissien
  '                                                                                H. C. Luff Tamca E!actric Com:any                            T. C. Pope C. H. 5enne:t                                  Irving Reedy
  • J. E. Surris L. E. Stene W. W. Hunsinger .

R. O. Welch Jacksenv i l l e El ec tr i c,_Au thori ty R. L. Thempson 9

                        , The felicwing is a record of the meeting:
1. No changes were made in the record of the mee:Ing May 19,1969
2. The summary report en Cens: rue:icn 5:a:us' cf New STATUS OF
      ~                               Plants, Substat,ien,s.,and Transmission Lines is included                        CONSTRUCTION as At:achment 1.                                                                                             '

3 Mr. Thcmpson reported that JEA was tied into the Hot FULL PERl00 Line (30 DP 4604) on May 23,1969 Performance of the LEASE 0 volCE - line has been satisfactory. circuli 4 Maintenance schedules for the remainder of' 1969 and ' MAINTENANCE for 1970 were coordina:ed. Copies will be sen: to all SCHEDULES systems. 9 The pcwer supply situa:icn for IS70 was discussed. POWER SUPPLY Estimates of 1969 summer load have been exceeded and 1970 estinates for 1970 may be revised upward. It was agreed tha t the si:uation would be reviewed at :he Mcvember meeting, and the wiggle : ail curves revised at tha t time. W N-] _ .... ..-. -.-~ . , . . _ ._ _ _. . . . - . . - - . - - - - - -

                 --o_..

1

         ,                                                                                             .                 M 47-69 e                                                                                                      9/23/63 FLC A 10A,  OP E RAT I NG 00.MM I TT E E g
               .          The for:y'saventh meeting of the Flcrida Operating Ccxmit:ss was held at Tam:a, Florida, en Se=temmer 11, 1969
              .           Presen: were:

Florida Power Car: ora tion Florida Pcwer L Licht Cem:a n,v_ . J. M. .Slancnard . _ _ , .. .J.,5. Sell , , J. C. Huffer K. 5. Suchanan O. E. Knauss H V. Street

3. J. Marsha l l -

J . K. Vi l ey Or?ando Utilities Ccemissien

1. W. Aleerman Tamca Electric Cem=any Irving Acady C. H. Bennet:

J. E. Surris Jacksenville Electric Authori:v V. V. Huns inger A. L. Git:ings A. E. Prec:=r H. E. Millan A. D. Velch

  • R. L. Thempson The follcwing is a record of the meeting:
1. No changes were made in the record of the me' e ting of August 1, 1969.
2. The summary report on Construction Status of New STATUS OF Plants, Substations anc i ransmissica Lines is CONSTAUCTION included as A::achmen 1.

3 A graphical sumnary of Icad forecas:Ing ereces and LOAJ FCAECASTING spinning reserve margins for :he pericd January ERRORS AND through July 1969 (At:achment- 2) was distributed and SPINNING AESERVE reviewed by Mr. Suchanan. There were twelve occasiens when spinning reserve was less than targe: amount by i 10% or more. Six of these were in the period Jitly 7 i through July 12 when record breaking leads were l experienced throughcut the Peninsula. Cannen 6 was ! cut of service and For: Myefs 2 had not been placed in opera tion. Scme lead redue:Icn was in effect.

4. Mr. Bell presented a creliminary repor: en the LC55 0F FPL service interruption experienced on August 5,1969 AREA SOUTH OF
                                         . by the entire FPL east ccast service area scuch of                       RANCH - CPERATING Ranch Substa:ica f ecm Lantana to Florida City. .The                     AE? ORT disturbance was ini:iated by the less of Port Ever-glades Plant due :o malfunctica of the breaker failure backus relay scheme a: For: Everglades Plan:.

5 Three addi:icnal sys:em dis:urbances -ere discussed: system

       \

015TUA3ANCE3 l k) . August 17, 1969 - Less of Port Everglades i Units 1 c'3 due :o fatture, of North 224 mva, l 240/138 kv au:c:.ansfor=ar a: Por: Everglades Plant. _., . . _ _ m_-.-. - - c,. . . .-- - - - = - - - - - - . -- i i

                                                                 ~

M 48-69 20Q385 1/16/70 ll FLORIDA 0?ERATING COMMITTEE The forty-eighth meeting of die Florida Opera tina Ccemittee was held at Miami, Florida on December 11, Ic69 i 1 Present,: --  : Florida Pcwer Corpora tion Florida Pcuer & Licht Comoany J. H. Blancnars K. S. Suchanan, J . C. Hu f fer , H. V. Page , D. E. Knauss H. V. Street L. H. Scott C. N. Whitmire J. K. Wiley ' Tamoa Electric Comoany Orlando Utilities Cemmiss~ien T. C. Pope P. D. Folse Irving Reedy - V. V. Hunsinger

  • R. E. Proctor Jacksonville Electric Authority R. D. Welch R. L. Gittings
  • H. E. Hillan R. C. Thcmpson-C. Washburn The following is a record of 'he t meeting:
1. No changes were made in the record of the meeting of Sep tember 11, 1969.
2. The summary report on Constructicn Status of New Plants, STATUS OF Substations and Transmission Lines is included as CONSTRUCTION
  • Attachment 1. -
  • 3 Maintenance revised. Seeschedules for the first hal f of 1970 were MAINTENANCE Attachment 2. Extra copies of the new SCHEDULES
                . schedules are being distributed to all systems.
4. Lead and capabliity figures through 1975 were discussed. REVISED LOA 0 Revised monthly figures are to be sent to Mr. H. V. ESilHATES Street for updating of plot of " Gross Capabilities and Es tir.?a ted Loads".

S. The stability case studies of Phase ! - 1971, Loss of STABILITY Tu,rkey Point No. 3, will begin by December 26, 1969 STUOY Substantial progress is anticipated, and it is expected that results will be reported to the Flcrida Occrating Cemni t taa a t the Fe:ruary meeting.

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                                                                         ~

200851

                                                                                                                             'n 49-70 3/10/70 FLORIDA CPERATING COMMITTEE                                          -

Tha forty-ninth meeting 'of the Florida Operating Ccemittee was held at St. Petersburg, Florida on February 12, 1970. ' Pres en t: - s.

                                                                                                                                                                                  >~

Florida Pcuer Corocration Florida Power & Light Comcany 5 J. H. Blancnard . ,. ( .; K. S. Buchanan - g E. R. T. Bowles , H. V. Page

  • R. V. Claussen ,
  • H. M. Paul R. B. Coates ;i. V. Street R. L. Ha r tma n
  • J. C. Huffer -

Orlando Utilities Cem.ission D. E. Knauss. Irving Reedy - - A. B. Leigh .. - G. E. Marks . Jacksonville Electric Authority L. H. Scott ' R. L. Gittings R. T. Steele . H. E. Millan

            ,                  J . K. Viley                                                         R. C. Thompson Tamoa Elcetric Cempany            '

J. E. Curris .

  • V. V. rfunsinger .

R. E. Proctor Tho folicwing is a record of tF meeting:

1. The record of the meeting December II,1969 was corrected as follcws:

Second sentence of item II, Separation of Plants from System, to read, "There was general agreement that additienal load shedding greater than 30% of total load is desirable in specific areas in order to minimize the frequency of occurrence of extreme low frequency condiciens and consequent tripping of units".

2. The Chairman announced that Mr. Stanton had appointed Mr. T. C. Pepe as Ccenittes member for Orlando L'tilities Ccmmis sion, replacing Mr .11. C. Luf f.

f/. 3 The summary report en ecnstruction s tatus of new plants, STATUS OF substations and transmissica lines is included as CCNSTRUCTIC'! Attcchment 1. -

                                                                                                                                                                       & se %       M
                     ~
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200342 . H 50-70

                                                                                                             .    .                    5/5/70 FLOR!DA OPEriATit:G C0!'.MITTEE The fif tieth meeting of the Florida Operating Committee was held at l            Orange Springs, Florida on April 9 - 10, 1970.

Prosent: . Florida Power Corocration Florida Pcwer & Licht Comoanv.

    ,                                  ,J. H. Blanchard                               -

J. S. Sell R. V. Claus'sen , H. W. Page ' J'. C. Huffer . V.' Street _ D. E. Knauss t' - J -/H. James Y.ont: . . G. E. Marks .. . s L. H. Scott Orlando Utilities Cemmission , j V. S. Simonds D. E. Moore . J. K. Viley /F. C. Pope t rying Reedy Tamoa Electric Cemeany Jacksonville Electric .ou thority C. H. Bennett R. L. Gi ttings J. E. Barris M. E. Mi-Ilan J. D. Hicks -

                                                                                                   .      .R. L. Thompson W. H. Hunsinger                                                  -

H. A. Moshell, Jr. City of Lakeland R. E. Proctor - C. D. McIntosh , J r. Lester Ulm,.Jr. R. D. Velch City of Tallahassee ~ Joe S. Oykes, Jr. The folicwing is a record of the meeting:

1. Mr. Joe B. Dykes, Jr. of the City of Tallahassee attended at the invitation of Florida Pcwer Corporation, and Mr. C. D.

McIntosh, Jr., attended at the invitation of Tampa Electric , - Company. ,, ,

2. No changes were made in the record of the meeting of Feb ruary 12, 1970.-

The summary report on Construction Status of New Plants, STATUS OF 3 CONSTRUCTION I Substations and Transmission Lines is included as Attachment 1. Turkey Point 1 is out of service for replacement of the MAINTENANCE 4. auxiliary switchgear. FPL pisns to go ahead with the switch- SCHEOULES gear , replacement en Turkey Point 2 immedistely following the return of Turkey Point i to service. . FPCorp. reported pitns for taking Turner 4 cut of service coincident with the outags of Sartcw 3

         -( )                                                                                                          .           .

e

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s . . a --

200331 Q.h

                                                                                                                                                           .                       M 51-70                            i  V
         .P                                                                                             .                                            .

7/1/70 \ ci FLCRt0A CPERATING CCHMITTEE The fifty first meating of the Florida Operating Cocml tree was held at Jacksonville, Florida on June IT,1970. . Present: Florida Pewer Cormoration Florida Pcwer & Lich:- Cemeany J. H. Stanchart. . ag,3v;.,,,.F.. L. Sivans ~ J. C. Huffer. .p r.p q

                                                                                               ,' ',' :- (, .                             - V Q .~ La ng                  .
0. E. Knauss. ~ - -
                                                                                                                                          - .H. W.' Page-                                                                                   _

L. H. Scott .

                                                                                                                                           'A. 0 Schmidt R. T. Steele                                                   '

[

                     .                         J   K. Wiley                                              .',.                OrTando Uti!Ieles Cenrniss fon r        .,.         t.       .
                                                                                                                              . . ,           T. C. Pope                                                                              ,-*
                                                                                        ..e                                           c.
                                                                                                ,. . . . . 4          . m.                         .

Tomea Electric Cemeany

                                                                                                                    'N                                                                                                                C-*

Jacksonville Electerc Authority . C. H. Bennett R. L Gittings J. E. Surris V V. Hunsinger H. E. Millen

A'.'C. Thecoso,n
                                                                                                                   .~                .

The ' following is a record of the meetingr ,

1. Mr. V. B. Lesnett of the City of Lakeland attended .

at the Invitation of Tam;:a Electric Company. 2. No changes were made in the record of the meeting of . Aper! S-10, 1970. 3. The Cha trman announced tha t Mr. E. L. .Bivans had been . appointed Ccamitcee member for' Florida Power & Light . Company, c . replacing Mr. H. V. Street who has retired.

4. The sunmary report on construction status of new plants STATUS OF substations and transmission lines is included as Attachment 1.

CONSTRUCTION

                         . 5. Maintenance schedules for the last half of 1970 and                                                                                                                                                         ~
           .                                                                                                                                                                         MAINTENANCE the first half of 1971 were coordinated by Messrs.                                                                                             SCHEDULES Blanchard, Hunsinger,. Schmidt, Tope and Thompson.

Copies of the agreed schedules will be distributed .co * \ all*-systems as socri as they become available. *

                                                                                         ~                '
    -          '                      Schedules for the secend half of 1971 were deferred because of uncertainty as to the actual requirements g                              and resourcas which will exist at that time.

a .

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                 ~
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M 52-70 y n 9/24/70 1 200020 O - FLORl0A OPERATING COMMITTEE The fif ty-second meeting of the. Florida Operating Committee was held at Orlando, Florida on Augu'st 13, 1970. Prasant: Florida Power Corcora tion Florida Power & Light Comeany R. V. Claussen . J.'S.. Bell . J. C. Huffer - ' * ~ ~ ~ ' W. D. Lang , D. E. Knauss H. V. Page - G. E. Marks ' S. J. Marshall Orlando Utilities Commission R. T. ~teele - L. A. VanFossen , T. C. Pope irving Reedy

  • f[
                                                                                                                                                . ^~
                                                                                                                                               ~ ~ ~

Tamoa Electqfe Comoany , L. E. Stone C. H. Bennett Jacksonville Electric Authoritv J. E. Burris . R. E. Proctor R. L. Gittings R. D. Welch H. E. Millan ' R. L. Thompson . The following is a record of the mee*ing-

1. Mr. R. V. Cochran of' the City of Lakeland, attended at the
  • Invitation of Tampa Electric Company. Mr. T. W. Tucker of the City of Tallahassee attended at the invitation of Florida Power Corporation.
2. Mr. C. H. Stanton, Executive Vice President of Orlando Utilities Commission, appeared briefly and expressed his interest in the work of the Cc.maittee. .

3 No changes were suggested for the record of the meeting of June 11, 1970. '

4. The summary report on construction status of new plants, . -

STATUS OF

                   . substations, and transmission lines is . included as Attachment 1.                                        CONSTRUCTION
5. Operating p'oblems r have resulted in revisions to the 1970 ~ MAINTENANCE Maintenance Schecule. The schedule for Crystal River I has been SCHEDULES advanced two weeks to the period September 19 .0ctober 4 to replace sections of tubes around the sub-floor openings.

() Turner 3 will ce out of service for turbine =cdification November 14 - Occember 19 The planned retirements of Inglis 1, s- 2, and 3,Bayboro 2,3, and 4, and Avon Park 1 and 2 will be delayed. Retirement of the Jackson Bluf f hydro should take picce by the und of 1970. - -- 'T e

l M 53-70 200321

                                                                                                                                                                                                                                                 g7 2-p
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                                                                                   ,                                                                              FLCRIDA OPERATING CCMMITTEE The fif ty-third meeting of the Florida Operating Committee was held at Tampa, Florida on October 8,1970.'

Presenti Florida Po.ver Cor: ora tion Florida Power & tight Comoany J. H. Blanchard W. M. Hoover R, V. Claussen H. W.-Page G. E. Marks J. R. Sullivan C. N. Whitmire Tamca Electric Comoany James Yontz . C. H. Bennett J. E. Burris Orlando Utilities Ccmmission V. W. Hunsinger Irving Reedy l R. E. Proc;or . - R. O. Welch Jacksonvil.le Electric Authority . c Jack Lucas H. E. Millan

                                                                                                                                                                                              ,            J. K. Wiley         .

The following is a record of the meeting:

                   'l.

Mr. E. L. Everton of the City of Lakeland, attended at the invita tion of Tampa Electric Ccmpany. 2. No changes August 13, 1970. were suggested for the record of the meeting of 3 The summary report en construction status of new plants, STATUS OF substations, and transmissica lines is included as Attsch- C0!4STRUCT :.ON ment 1. In the future, pending the distribution of the minutes of each meeting, advance copies of this summary will be distribu ted for immedia te use. 4. Coordination of Maintenance Schedules was postponed because MA l HTENA!!C E of the failure of o'ne system to make its da ta availabic. A SCHEDULES speci:I meeting will be held in Orlando for this purpose, tne date to be determined later. 1 -

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1

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t .__ *20031"*" *5*'

                                                                                                 -    12/30/70 f)h

() FLOR 10A OPERAhiNG COMMITTEE Tha fif ty-feurch meeting of the Florida Operating Committee was held at i Miami, Florida on Dece=ber 11, 1970.. Prescnt: Florida Peuer Corcora tion Florida Power s Licht Comcany J. H. Blancnard - J. S. Bell R. W. Claussen K. S. Buchanan

  • J. C. Huffer , ,. . -H. V. Page D. E. Knauss A. D. ScNnidt S. J.. Ma rsha ll C. N. Whitmire L. H. Scott James Yentz Tamca Electric Cemeanv Orlando Utilities Comoany C. H. Bennett .

J. E. Burris Irving Reedy R. E. Prcctor " R . '> s Welch Jacksonville Eleetric Au thority R. L. Gittings J. K. Wiley - { _~

                                                                                                                  ..             L-gm r

Tha follcwing is a record of the meet.ing:

1. Mr. W. R. Lesnett and Mr. Sob Cochran of the City of -

Lakeland , attended. at the invitation of Tampa Electric Cc=pany. Mr. T. W. Tucker and Mr. J. 3. Oykes of the City of Tallahassee, attended at the invitation of Florida Power Corpora tion. ~

                                                                                                                         ~

2". The Chairman announced the appointment by Mr. Winnard ' of Mr. J. K. Wiley as Cc=mittee member for Jacksonville Electric Authority. . 3 No changes were suggested for the record of the meeting. of October 3,1970.

4. The summary report on construction status of new plants, STATUS OF substations and transmission lines is included as CONSTRUCTION A t tachmen t 1.

5 Mr. Knauss reported tha t Florida Power Corpora tion will NEW INTERCON-make a 12 kv emergency interconnection wi th .the City of NECTIONS

  • Sebring arcund February 1,1971. This temporary inter-connectica will be oc rated normally open until Dec. 1972, when a per ccent 69 kv interconnection will ' ec completed.
   ' . }pg  ,s!                                                                            .
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                                                                         .                                                                232302                                                                       9 FLOR 10A OPERATING COMMITTEE The fif ty-fif th meeting of the Florida Operating Committee was held at St. Petersburg, Florida, on February 11, 1971.

Present: Florida Power Corocration Florida Power & Licht Comoany P. D. 0agostino K. S. Suchanan J. H. Blanchard H. W. Page Member R. W. Claussen James Yont. J. C. Huffer Member

  • 0. E. Knauss Member -

Orlando UtilieTes Commission . G. E. Marks- T. C. Fope. Memoer L. H. Scott Irving Reedy Member R. 7. Steele - C. H. Taylor, Jr.. Jacksonvil le E1. ctric Au thori ty Pat Wells . R. L. Gittings Memoer -

                                                                                   .'                      R. L. Hes ter Tamoa Electric Comoanv                                                     W. T. Jackson C. H. Sennect                                                         R. C. Kuether '                                                    .

H.'E. Millan 1 J. E. Burris Member ~

                                 . R. E. Proctor                                                           J. K. Wiley                                                        Member The following is a record of the meeting:
1. Mr. C. O. McIntosh, Jr. of the City of Lakeland, attended at the invitation of Tampa Electric Company
2. No changes were sugges ted for the record of the meeting of December 11. 1970.

3 The summary report on constructicn status of new plants, STATUS OF substations and transmission lines is included as CONSTRUCTIC Attachment 1.,- ,

a. .

I 4. Copies of the coordinated maintenance . schedules for 1971 . MAINTENANCE were' distributed. Mr. Suchanan explained the proposed - l SCHEDULES-methods of draf ting and. printing to be used in the future. 1971 Under this proposal each system would be furnished pre-Mor,.inted plotting paper and would enter all. information.

                                      .Grth n--s tandards w                                                                                                                                                    '
                                    .Mif.oM' appearance.ould                             be folIowed 'that would 'resul t in -

FPLwouldassemble,thfsheetsprepared;

  • vbutthWTJndividual sys tems and would print.
                                             ~                                                                                       ;:ht combined '                                              .
                             ,um hacu'i  sc           r cs.       Each sys tem will check thj,s out with. i ts ; '
                                                                                                                              . . _ ~ . . .                                                                         .
      .       -..-           ,.-         production department! for formal approval at next meeting., . .
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                                                                                                                                                                                                                         ;. ,~.P N                                                                                         FLORIDA CPERATING CCMMITTEE
 '.                                                                                                                                                                                                           232319 The fifty-sixth meeting of the Florida Operating Ccemittes was held
         ~

at Jacksonville, Florida on April 15, 1971. -

           -                                 ~                                           .
                                                                                           ~

Present: -

                                                                                                                                            ~
 .                                                       Florida Pcwer Corocratten                                                                  Florida Pcker & Licht Ccmoany J. H. &lancnard                                                                         E. L. Bivans                                 Member
                                          ~
                                                                                                                                                      ...K. 5. Buchanan R. V. Claussen                                           '

P. D. Dagestino '}i.~V. Page Member' J. C. Huffer- Member , C. N. Vhitmire - l 0. E. Knauss Member L. H. Scott - Orlando Utili ties Cenmission

                                                               ' C. H. Taylor, Jr.                                   ..

trying Reecy Memoer

' Jacksonville Electric Authority Tamoa Electric Comoany .

C..H. Sennet: R. l.. Gittings Memoer.. _ J. E. Burris Member - R. L. Hester W. T. Jackson

                                                                                .                   .-                                                    H. E. Millan

! . . H. K. farrr: ens J . K. Wi l ey Member [

                                          "The folicwing is a record of the meeting:

i

1. Mr. V. R. Lesnett of the City of Lakeland, attended at the invitation of Tampa Electric Ccmpany. Messrs. J . B. Dykes , Jr.
 '                                                                   and T. Tucker of the City of Tallahassee, attended at the invitation of Florida Power Corporacicn.
                                                          ~

No changss, were suggested for the record of the mesting of l - -

2. ~

Februa'ry 11,1971. i . . l , . . The summary caport on construction status 'of new plants, STATUS OF 3 substations and transalssion IInes is included as- ** CONSTRUCT

 '           .              .                                        Attachment 1.                          ,

i - 4.. Graphic and tabu.lar summaries of Icad forecasts and. capa- LOAD FORE

                                                             " bilities thrcugh 1975 were distributed by Mr. Sivans. The-                                                                                               & CAPASIL~
                                                          . N dala is new plotted and tabulated on a 60-minute gross
  • s . basis for peaks and a gross. basis for capability.

(Seme - . d"C' es timating is requi red.) The Chairman proposed that in the . . , . future the data be reported on a net 60-minute basis for peaks , and 'on' a net bas is for capabil i ty. This change

                                                                                                                                                                                                                            * f ' '

l

3) .. wculd permit the data.to agree with information furnished to
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g.=_ . m.h _m-- w: M 57-71 8/6/71 212310 - FLORIDA OPERATING CCMMITTEE

            ;.                                   . The fif ty-seventh meeting of the Florida Operating Committee was held at Orlando, Florida on June, 10, 1971.
                                                 ' Presen t:                        .                                                     -

i - FI'orida Power Corcoration Florida Power & Light Comoany ' .~i J. H. Blancharc

                                                                , R. V. Claussen                                     J. 5. Sc)i, Jr.

P. D. Dagos tino H. W. Page , Member I ~. J. C. Huffer Member j D. E. Knauss Jacksonville Electric Authority

      '                                                                                       Member                R. L. Gittings
8. J. Marshall Member 5 -

L. H. Scott R. C. Kuather

     !                                                                                                              H. E. Millan            ,

Tamps Electric Comoany. - J. K. Viley Member

                                   - ~~

J. E. Surris .- Meder. Lakeland Deoartment R. E. Proctor ' R. D. Velch Member-of Electric s. Water Utilities -

   ,                                                                                                                R. W. Cochran                     Member C. D. McIntosh, Jr.

Orlando Utilities Ccmmiss ion G. F. Erickson T. C. Pope Member Tallahassee Electric Deoartment frying Reedy J. 8. Dykes Member

                                                                                        ,    Member               T. W. Tucker Member The following is a record of the meeting:                                                                             .

1. The Chairman announced the membership of the City of Lakeland [ . and the City of Tallahassee, and welcomed their representatives. ! 2. . L No changes April 15.1971. were suggested for the record of the meeting of ! s . ' 3 The surrenary report on construction status of new plants, STATUS OF { , substations1.and transmission lines Is included as ,, Attachment CONSTRUCTION 4.

                   ..                                             Mr'. Sell presented reports prepared by FPL cn:                                               SYSTEH'
                                                                                                                                                                                    ' ' ~
a. DISTURBANCES
  • The Loss of Riviera 3 and Crystal River 2, May 10. 1971 *
b. ,

The loss of Port Everglades 4 and Crystal River 2, May 18,1971.

H $ 8 71 ., . . - 8/12/71 FLORIDA CPERATING COMMITTEE The fif ty-eighth meeting of the Florida . Operating Cemittee was held at Tampa, Florida on August 12, 1971. 23234,0 Present: , Florlda Pcwer Corcoratien Florida Pcwer s Liche Cemeanv R. M Agamai.te E. L. Sivans Memcer J. H Blanchard. -

                                                                                                                                .            ~

H. W. Page Membee ~ R. W Claussen. - C. N. Whi tmire .- P. O. Dages tino ~ J. C.. Hu f fer Member- Jacksonville Electric Authority D. E. Knauss. Member R. L. Mester

3. J. Marshali .. H. E.. M i l l an . .

L. H.' Scot: J.. K. Wiley Member Tamoa Electric Cemeany Lalleland Oecar ment .

                                                             .C. H. Bennett                                                           - of Electric & 'Jacer Utilities J. E. Burris                                     Member                              R. W. Cochran                                                      Memoer T. H. Fa rreu.                                     .                                 W.: R. Lesr.ett                       ~                            Member.

W.'W. Hunsinger . . R. D. Welch Member' . Tallahassee Electric Decartment J. 8. Cykas, Jr. Memcer Orlando Utilities Cemissien ' T. W. Tucker Member -

                                           .                  T. C. Pcpe                                       Memcer                                                                                            .

The follcwing is a record' of the meeting: 2

1. No changes were suggested for the record of the meeti~ng' .

of June 10, 1971. , .

                  ,                                      2. !The sumary repc'rt en construction s tatus of new plants , STATUS OF

' substations and transmission lines is incTuded as . CONSTRUCTION

                                                        .~ I" Attachment 1. ,

3 Mr. Claussen reported that the work of the sube mmittee

                                                                     .                                                                                                                                                               PLANNING
                                                               . has slipped 30-60 days sincg our last meeting. His                                                                                                                  SU8 COMMITTEE
                           *! O. M F *rsport, including the new status'ef the several projects,
                                            . :fs   :. ; - .c.n J --!41:e l uded as Attachmen t 2. . . .                                                                                                           -

rb..

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                 . .. . .                                r -te:* S:. laussen also reported en the.al. location of costs for the..varicus studies. 'TAL and LAK expressed willing-                                                                                                                                      '

ness to share expenses of pertinent studies en the basis

             .,                                                  of the spinning reserve formula.                .

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                                                                                                                                                                                                                         ~ 2127Bri e             e c                      e                                                       M 59-71 11/18/71 FLORf DA OPERATING CCH.ilTTEE e,
                                                                                                                                                                                                               . m.
       ,.                                        The fifty-ninth meeting of t.ke Florida Operating Conraittee was held at Orange Springs. Florida ca October 14-15. 1971.

t- .. Presen t:

  • i Florida Power Corcoration J. H. Blanchard Florida Power & Licht comoanv J. C. Huffer Member E. L. Bivans Member 1
                                                                 /0. E. Knauss                                                                                   H. W. Page                                                                     .Hember l                                                        c.                                                          Member Tamoa Electric Cemoanv                                                                         ~ Jacksonville Electric Authority                                                                                                                       .

[ C. H. 8ennett R. L. Gittings Memner J. E. Burris Member R. L. Hester R. E. Proctor Jack Lucas R. D. Welch Member H. E. Millan . J. K. Wiley Member Orlando Utilities Cenrnission " Irving Reedy Lakeland Department Memoer - - of Electric & Water littlities R. W. Coenran. nemmer

                                                                                        ..                                                                      W. R. Lesnett                                                                  Member 4
                             /                                     ~

Tallahassee Eltetric Deoartment T. W. Tucker Memoer

                                 .           The folicwing is a record of the meeting:                                                                                                                                                                                                                             ~

1. No changes August 12, 1971. were suggested for the record of the meeting of 2. The summary reportson construction status of_ new plants,. STATUS OF substations Attachment 1. and transmi'sion line.s is included as CONSTRUCTION 3. Mr. Proctor presented the report of the Planning Subcommittee-(Attachment 2).. PLANNING completion dates for aThere has been further slippage in the SUBCOMMITTEE shortage of man power.ll studies - this attributed to a . problem and it was Indicated that the Florida OperatingThere was

     '                                                          Committee has probably asked the Subcommittee to do                                                                                                                                            .

i , Many stability, load flow and reserve studies have been .

     ;                                                     ' completed but the assignments have piled up. The problem
     ;                                                   ., has been made wrse by the inability                                                                                                 .

of ce t r ain systems to

     \

f firm up locations and/or dates for needed capacity additions .

                                                                                                                                                         ~
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i M 60-71 12/2/71 - 212733 FLORIDA OPERATING

  • Co. hITTEF The sixtieth meeting of the Florida Operating Committee was held at Lakeland, Florida on December 2,1971. .
)                             '

) Present: _ Florida Power Corooration Florida Power & Light Comoany

J. M. Blanchard M. W. Page Member R. V. Claussen W. A. Rishko
i. 0. Hornak .

J. C. Huffer Member Jacksonville Electric Authority

                                                         ,   D. E. Knauss                        Member                                        R. L. Gittings                                            Member
                                                      /                                                                                        R. ' L. Hes tsr l

Tamoa Electric Comoany H. E. Millan J. E. Surris Member . J. K. Viley Member R. E. Proctor. . d

                                                                                                                                  .Lakeland Department
         .                                           Orlando Utilities Commission                                                  of Electric & Water Utilities Irving Ready                       Member                                        R. W. Cochran                                            Member 4

c Ear.le Everton . Tallahassee Electrie Department W. R.* Lesnett Member j J. 8. Dy:Us, J r. Member _ A. L McCartney i P.: N. Koikos R. Siegel . l . D. K. Smith j ,

                                                                                                                                                                                                                                                      ~

j The following is a record of the meeting: .

1. No changes were suggested for the record of the meeting of October 14-15. 1971. .
2. The sumary report on construction status of new plants, STATUS OF substations and transmission lines is included as ~ ~

CONSTRUCTION Attachment 1. ,

3. The report of the System Planning Subcomittee was PLANNING
                                   .                         presented by Mr. Claussen. A digest is included as                                                                                                        SUBCOMMITTEE Attachment 2.                                                                                                 ,

Mr. Claussen discussed at some length the reliability aspects of the Long Range Generation Study. Conclusions of this portion of the Long Range Study are included as Attachment 3 He also presented a summary of the Load , Flow Study for the sumer of 1974. The recomendations , of the Comittee covering this study aFe included as Attachment 4. . . Coctpletc copics of each of the above reports will be

               ,h                                            mailed to member systems in ,the second,wcek of Occember.
    - - - - ~                                                                          -     -     - - - - - - - - -        - - -             - - - - - . -             - - - - , . - - . -      . , - - . . - . - - -             _ . , . .

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2/17/7.: 232359

        ~
                             ~

FLORI'CA OPERATING COMMI TTEE

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                                 -" The sixty-firs e .mee ti@ng of ~the Mo;"r,l"Ei'operjhing                                                                                       Commi               tt%,~.iii;J u at Jacksonville, Florida on Febrtar v 17; 1972.'                                                                              9as:             Ed R**L. '.2n               -
                                                                                                                                                   -           'U C-                              ""'-

Presen t: .

  • Elorida Power Corcoratien Florida Power s Light CoNany
                         '                            J. H. Blanchard                                     .. ..                W. O. Lang
                                                  '   R. W. Claussen                                    - - -

H. W. Page J . C. Hu f fe r - C. N. Whitmire Tom Kans . O. E. Knauss Jacksonville Electric Cemeany S. J. Marshall R. T.,0yer R. L. Gi ttings Tamoa Electric Comoanv . R. L. Has ter C. H. Bennett E. H. Hol ts inger J. E. Surris W. T. Jackscn - R. E. Proctor R. C. Kuether R. O. Velch H. E. Millan H. K. Eammons Orlando Utilities Coernission R. S. Valte T. C. Pope J . K. Vi l ey Irving Reedy , J. 8. Sanders Lakeland Department . Tallahassee Electric Decartment of Electric & Water Utilities J . S. Cykes , J r. R. W. Cochran - P. N. Koikos

                                                                                                                                    ~

The following is a record of the meeting: ' 1. No changes were sugges ted for the record of the mes' ting of December 2,1971. - 2. The summary report on construction s tatus of new planes, STATUS OF substations and transmissien lines is included as Attachment 1. 4 CONSTRUCTION 3r linee the las t meeting .Mr. Claussen has turned over the SYSTEM Chairmanship of the Sys tem Planning Sue' cemmietee to PLANNING Mr. R. E. Proctor of Tamca Electric Company. The dedi-SUSCCMMITTEE cated performance of Mr. Claussen as Chairman of this Subcommittee for the past year was recognized, and Mr. Proctor was officially designated as the new Chairman His report is included as Attachment 2. . e. h_.. , _ _ _ _ _ _

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M 63-72 6/8/72

                                                                              .,     FLCRl0A CPERATING 40MMJTTEE
                                                                                                                      . . . .                                                   212753 The sixty-third meeting of t'he Florida Operating 'Ceranittee was held
                                      ' at St. Petersburg, Florida, on June 8,1972.                                                                                        .

. I Present: ' i i - Florida Power Corcoration Florida Power & t.ight Comoany J. H. Blanchard E. L.,Sivans Member

                 '                                            8. L. Griffin                                                                               H. V. Page                           Member J. 5. Gillman
  • C. N. W Itaire.
M. F. Hebb p.D. I.. Hornak 0 Jacksonville Electric Authority

{ J. C. Huf fer Member R. L. Hes ter

D. E. Knatiss Member H. E. Millan l B. J. Marshall
  • J. K. Viley Member i
                                                    -         R. E. Raymond J. L. Scheldt                                               Orlan63 titif t eles Commisslor;
      !                                                  - H. 1. Southwick j
                                                                                                       '           '                                    G._ F. Erickson                                        .

T. 8. Sanders l Tampa Electric Comea'ny - C. M. Bennett ' Tallahassee Electric Decartment

  • J. E. Burris Member .
                                                                                                                                  .                    C. M. Corn T. H. Farrow                                                                             J. B.* Dykes, Jr.                        Member T.'V. Patrick                                                                            P. N. Kotkos                                    '

e R. E. Proctor R. D. Velch Member Lakeland Department .

                                                                                                                     ' of Electric & Water Utilities                                                                 -

R. W. Coenran Memoer The following Ira record of the meeting: "

                                                                                                                                               ~
  • Mr. R. !. Raymond, Senior Vice President of Florida Power
  • Corporation, welcomed the Committee in its first meeting at the Corporation's new General Office Complex. He touched
  '                                                         brlefly on the coming transition to the new Florida Electric                                                                                                  -

Power Coordinating Group, complimenting the Committee on its past performances, and suggesting that the challenges of the future would be met with the same dedication. - 1. The record of the meeting of April 13, 1972 shovid be changed to recognize that Mr. I.culs Stone of Orlando Utilities Com- ' sission was improperly listed as associated with the Jackson-vi,lle Electric Authority, and that Mr. T. V. Patrick was

improperly listed as a member of the Florida Operating -

Committee in the place of Jr. J. E. Burris. ' j . .

  • f d( . . . -
                                                                                                                                                                         ~

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                                                                                                                                                                                                                             ^ i, M 64-72
                                                                                                                                                                                                                                  ~

L

  • 8/17/72 FLORIDA OPERATING COMMITTEE ~

21274S

O
                    -                  The sixty-fourth meeting of the Florida Operating Ccmmicree was held at Tallahassee, Florida, on August 17, 1972.

Present: '

                                                  , Fforida Power Coreoration                               Lakeland Department of Electric & Vater Utitiefes J. M. Bianchard Member
8. L. Griffin ~~
                                                                                                                       ' 8* '.

D. E. Knauss Member Orlando Utilities Commission 3

8. J. Marshall J. L. Scheidt .irving Ready Member

[ Florida Power & Licht Comeany Tallahassee Electric Decartment

                                                  '        E.'L. Sivans               Member              R. L. Casse'rleigh
  • K. S. Buchanan . C. H. Corn N. W. Pass Member g J 8. Dykes, Jr. . Member
                                '                          J. Yont:       '
                                                                                                   '      P. N. Koikos                                                   .

F. H. Laffey , Jacksonvlife Efectric Authority

                                                                                                                                                            ~

R, 'I'. W J. A. Lucas , Jr. Tamoa Electric Comeany D. 5. Malone C. M. Bennett ..

                            !                                                                            J. E. Burris                                                  Memberi                                                   .
                                                                                               -          R. D. Velch                                                  Mr. ribe r                                              -

Mr..C. C, BlaisdeII, Jr. and Mr. C. L'Engle of Lake Vorth and Mr. P. H.

                     ~

Vaters of Gainesvil,le actanded the meeting on the invitation of the Chal rman. - The following i,s a record of the meeting: . Vice Chairman Reedy acted as chairman for the morning session

                           -                            and Vice Chairman Surris acted as chairman for the afternoon session.                                     -
1. The Chairman announced the appoint.ent by Mr. Raymond of Mr. J. H. Blanchard as Ccmmittee mader for Florida Power Corporation to replace Mr. J. C. Huffer. Guests and others attending for the first time were introduced. .
           -                                     2. The record of the meeting of Juns 8,1972 should be changed                                                                                        CHANGES' as follows:
  • IN RECORD
  • M 63-72 e

d - O.-

                          .                                                                                                                     (-                                                                      .

FLOR 10A CPE?.ATING CCMMITTEE 232387 t , The si;cty fi f th m eting of the Florida Operating Ccmmi ttee was held - at Orange Springs, Florida, on October 12/13, 1972. Present: , 4

     ~..            ..

Florida Power Corporation  !.akeland Oepartment of

          * " ~ 7.~
                                              'J. H. Slancnard                                                  ^

Member ? . Electric c Vater Utili ties Craig Huffer .. A. W. Coch ran Member

0. E. Knauss Member J. A. Libey. *
                     '                          B. J. Marshall                                           .
                                                                                                                ~
                                                                                                                                                                                                              ~

J. L. Scheidt- # Orlando Utilities Commission trying Aeedy. Member ' Florida Power & Light Comoany . J.S. Bell - Tallahassee Electric Department -

                                             . K. S. Suchanan                                          .                C. H.. Corn H. V. Page                     -

Membe r- J. E.. Dykes , Jr. Member . Jacksonvi1~1e Electric Authority Tamoa Electric Comoany ' O. B. Malone C..H. Sent.att -

                                                                                                                                                                                                              . ' '}.

H. E. Iti llan . J. E. Surris Member j J. K. Vi ley , Jr. .- Member R. ,'E. Proctor * ' R 0. Velch Member ' i 4 Attending at the invitation of. the chairman: - 4 Mr. Mac H. Cunningham, Florida' Municipal Utilities Association ' Mr. Ken Morgan, Vero Seach Mr. Claude L'Engle, Lake Worth

      ,                               Mr. Jack Zeiher,' Lake Vorth                                                                                    .

Mr. Carey Jones, Gainesville i Mr. Paul Vaters, Gainesville ' Mr. R. M. Cameron, Gainesville .%7 l . [ 4]/ - - The followin's i.s a record of the meeting: .

                                    'I.

The s uhsary ' report of cons trT.setion.# s taTus "of .new planes , STATUS .0F j. .. - . substations and lines is included as Attacj rant 1}- CONSTRUCTION' 2.

                                '             Mr. Proctor reported for the Planning Subcommittee on                                                                                      PLANNING the s tatu, of current s tudies'. His report is included -

as At tachment 2. _SUSCOMMITTEE

                                                                                                                                      ~.                                                                          '
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There was discussion of the davelopnint.,cfL&e-500 kV-- - grid in Florida and potential points of interconnection ~;

with the Southern Sys tem that are being studied by the Florida Power Corporation and Southern and by the Florida l

Operating Cormittee. l un;;..,sdin::

                                                 ':. ?              -                                               W*.4lIi!!!E"*."dGb ~                                                n e.

l

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O t 1J Lrgosition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 8/25/81, 8/27/81,

                                    ~

Tr. 72-73, 89, 92, 417. O _ __ _ _ _ - - --_.-- - ----- -~ - '

it , UNITED STATES DISTRICT COURT I li

                          ,, {;
                                                     -                      FOR T!!E SOUTHERN DISTRICT OF FLORIDA.                                 i i           -
             ' -         3 GAINESVILLE REGIONAL UTILITIES, etc.,                                                         DOCUMENT 11 i

i Plaintiffs,  : 4{ 5'Ii vs.  : 79-5101 CIV-JLK l 6 s FLORIDA POWER & LIGHT COMPANY, l 7,  : )

4 Defendant..  ;

, S'  : l l t 9l ,

                     - 10 ).

I 11 - t i j 12 , i I 13 ! DEPOSITION OF ERNEST L. BIVANS, taken 14 i pursuant to Notice, held at the Offices of Florida l 15 l .

                                  ! Power           and Light Company, 9650 W. Flagler Street, 16 i Miami, Florida, on August 25, 1981, commencing at or 17 l l

l l about 10:05 o' clock, a.m., before MARTIN B. LESHAW, 1 18 l t

  • jOfficial Court Reporter and Notary PUblic for the 19 ','

I State of Florida. 20 l 21 fi 22 4 24!; i 25

                            *'              atw voar                      NATIONAL REPORTING SERVICE L      se cover sr.                            MARTY LESHAW                                    MIAMI
                                           ******'"                             oPFiClaL COURr AsPoRrER I   natte ft S.Saat                                                                      #3ese 373 7199

_t ciocuit count or tus s om Juoiciak camcuir. caos couNrv. rLa.

l t  : 72 l '.

                                           't 1     Committoo act by voting?

(] 2 A No.

                                                                                 -3                      Q                            What was the basis upon which it decided to
                                                .                              '4' 'do this?
q::y: n
                               'f/"                                               5                      A                            Lack of catnsus.

5

w. '

6 Q Did the Florida Operating Committee exchange y.;, n- ,

                                                                            ,     7      information on a. confidential basis at any time?
                                                                        ~' '
                            ' "' '?                                               8 L-                 A                            I can't.tell you what av.trybody in the 1$2 I.Qy                                                  9      Florida Operating Committee cid.
                                      ' l, 10                       Q                         Are you familiar with the communications b5[,                                           , 11       among members of the Florida. Operating Committee?
W .. . .. ~
                                    ~ ?'E ' ' ' ' 12 A                          Only those for which I received copies.
                                    .g s .q;- .

M(- 13 Q Did you receive copies of meeting minutes? 14 A Usually, yes. [.r: 15 Q When you say "usually," would that have 16 been as a matter of course or why wouldn't it have been

                           ..a
                                      . :.                          1           17       all the time?

s.. 18 A Well, Mr. Street was the member of the

                              .;                                                19       Florida Operating Committee and copies of the minutes were 20       sent to him.                  If he routed them to =e, I saw them.                                                                  If he 21       didn't route them to me,. I didn't see them.

22 Q Is there any way to know if he routed them n 23 to you routinely or not? I'm not asking you to speculate.

                                 "S                                             24                       A                           I'm not sure if he routed them all to me.

25 Q What about minutes or other documents NEW Y0mc NATIONAL REPORTING SERVICE

                                   'u         '..
                                                                                            's count er.
  • MARTY LESHAW M1Aus orrtCm. Count naroatan u v. metas st.

CIRCut? CoWRT or tNE ttin JUDICIAL. CIAcus?. D Aos COUNTY, FLA.

                        .                                                                                                                                                         73 11     relating to cubccamittoos, would you hevo rccalved thoso k;.                                  2    routinely?
           %\

3 A I don't remember that'the subgroups kept

              #                                 .;   minutes on a regular basis.

3iyy l^' 5 Q Do you recall whether you received minutes

r. ;

9 of any of the study groups? 6

             '.'i .

N0C.- . 7 , A I don't remember receiving any. I'm not

             ;yg " ,
  • g sure they kept minutes.
            ,                             s -

(ysy;, -" 9 MR. GUTTMAN: I will have marked as Bivans

             .,', j to     Exhibit 4 for Identification a th'ree-page document dated 6.~
           'e.' '         ,                   11     12-10-64, " Florida Operating Committee, Study Group for 5" '
                  'k '

12 Joint Long-Range Planning."

                  ;.iin
                          ,-                  13                              On the top right-hand corner is a pencilled-
                                          , 14       in notation, "Page missing."                                                  I don't know whotput that in.

15 Q Is that in your handwriting? rep f[l ' 16 A No.

              /})
                /                             17                              (Thereupon, the document referred
           . h'.                              18                                     to was marked as Bivans Exhibit
4" '19 No. 4 for Identification.)
i. 20 MR. GUTTMAN: There may not be a page
                <-                           21      missing.         I don't know.

22 Q Do you know what the study group for joint 23 long-range planning was? O' 24 A I knew what it was then. I'm not sure I (4-F 25 know what it is now. i New vonx NATIONAL REPORTING SERVICE

                ,                                      is cover nr.

MARTY LESHAW MIAMI orriciA6 Count asponten (Stas fa 3-2442 sposi 373 7288 CIRCU47 COURT OF THE litu JUO6CIAL CIRCutT. D ADE CO U N TY. FLA. y,--. , . , , .- - - - - - - - - - - - . - - - - - . ----,---.---w,,. , - -- ,_,w., . ----------.m.--

89 h t in any conversation, which has expressed any such concerns. 1 l 2J Q What about letters, memos, written 3ljcommunications. 4 ];

        ;                                             A        I don't know.

i n 5 Q If there had been any written communications , 6 would you have been aware of them? 7l A Not unless they were written to me or sent 8, copies to me. i 9j , Q If copies were sent to Mr. Page or Mr. 10 l Street or Mr. Fite, would you have routinely have gotten 11 > them; do you know? 12l A Not necessarily. ,

        'l 13 !                                              Q        During the late 1960's do you recall Mr.

I t1

 '~

14 ; Hebb ever expressing concerns about the adequacy of the 15 ) coordination activities of the Florida Operating Committee? Iti ' A Concern about the adequacies? a II Q About whether the Florida Operating Committee

        !i 18  r was doing enough to maximize economies and to jointly --

F 19 A I don't recall any. 20] Q Do you recall Mr. Hebb or any Florida Pcwer n 2t i Corporation person ever expressing any concern about Il 22 l Florida Power & Light's lack of willingness to increase the i

        ,i 23            amount of coordination among members of the Florida 9

24 (l! Operating Committee? 25 l MR. BOUKNIGilT: Objection. Unless you I son voac NATIONAL REPORTING SERVICE gl '

  • C ou "' "

MARTY LESHAW MtAMI l CPFICI A L COURT REPORTER ## * 'k#0'E ' II' CIRCuef Coumf OF Twt t99= Ju CICI A L CIR C u s f. DADE COUNTY. rL A.

92 5 1] Q Would Florida Power & Light likely have 2i gotten a copy of this memo at the time? i ) l 3 MR. DOUKNIGHT: Objection. There is no 4ll basis of that. i 5j You don't have to speculate. You can d: testify as to what you know, Mr. Bivans. l T. A I have never seen this document before. S, Q If Florida Power & Light had gotten it, 9i would you have seen it? 10 A I said I have never seen it before. 11 i Q I guess the gist of my question is, in the 12 affidavit to NRC, you were closely involved with the 13jactivitiesoftheFloridaOperatingCommittee. My question t>

   ~

14 is, if such a document like this came to Florida Power & t i 15 > Light, would you have seen it? Id[ A If it was sent '.o me, I would have seen it. II ;! Q If they sent it to Mr. Page or Mr. Fite --

              'l 13 ,                                                                            A        Very probably I would not have seen' it.

19 Q Why do you say it's probable that you would 20'i h not have seen it? il 21 A Bacause Mr. Page specifically got a lot of 22 correspondence which I wss not copied. 23 Q What about Mr. Fite? 24N A The same.

               !f 2 ') "

n) Q What about if it had gone to Mr. Street? New von NATIONAL REPORTING SERVICE es count sr. MARTY LESHAW M8AM8 Orricia6 count aspO=ren ****"'- CISC ulf Cous? OP tut tetu JUOsciab CIRCUlf. Dact C O U N TY. FLA.

303 ii I

t UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA 2 C L 3fGAINESVILLE REGIONAL UTILITIES, etc.,  : i' 4 l Plaintiffs,  : 1 vs.  : 79-5101 CIV-JLK 5f L 6 FLORIDA POWER & LIGHT COMPANY,  : j, 7 i Defendant.  : r 3 i 9l 10 l, 11 I 12l 13 l: DEPOSITION.0F ERNEST L. BIVANS, taken 3 14

                                . pursuant to Notice, held at the Offices of Florida Power 1

15 ' & Light Company, 9650 West Flagler Street, Miami, Florida, 10 , on August 27, 1981, commencing at 9:25 o' clock a.m., 17 before MARTIN B. LESHAW, Official Court Reporter and 18 I Notary Public for the State of Florida. 19 ! 20 . i 21g

                                  'l 22 a a

i 23 l 24 , i

       )               ,,a.

Ii g

                          * :l            stw vons                            NATIONAL REPORTING SERVICE j       is cover st-MARTY LESHAW                                       MIAMI orsiciac Couer neronten                          " * * * " " ' ' -

tilts to S tus

                                    '                                                                                                 1309 373.7199 Cincuit Coum? 0F THE Il'= JU O6CI AL CIR Cuit. DADE C o u NTY. P L A.

_ . . _ l..

417 11 meeting relating to coordination with the CARVA pool in 2 1966-67? 4 d 3 A I don't know whether he did or not in '66 '67.

               .w        .e..       . c
          'i '                      .4       I'have~no knowledge what Hebb did.
       ~yf ' -
          ."                            5                        Q        Do you know if Flodda Power & Light was 6    invited to attend any regional meetings with CARVA in A '-                         7    '66 '677
                                      '8                         A        Not to my knowledge.
       ; yj ' ~ '
          ,t'.                          9                        Q        Would you have known if there was an y          .

N 10 invitation? 4d.'.

       " g#

11 A If the invitation was extended to me, I

                                 ~12 3.,t..               .. .        wo.uld know about it.

If the invitation was extended to 13 someone else who told me about it, I.would know about it. U 14 Otherwise, I would not have known about it. As far as I gk' . 15 know, I never heard of it before. v . 16 Q Do you know what the single system approach,

  • 17 as used on page 2 of the GK 42, means? Do you know what l 18 is referred to by that?

19 MR. BOUKNIGHT: Objection. He answered 20 that at some length a few minutes ago. 21 Q I think you said that the single system 22 approach as used there is not what you would use as the 23 . single system approach. What I want to know is, do you 24 know what it meant as ,used there?

                 )                25                             A        No, I didn't say that.
       '(              .                                       -

h,m... , , New von is cover st. NATIONAL REPORTING SERVICE MARTY LESHAW MIAMI

                                               """-                                                                         "  ** '8 8 8 '-
                                               "
  • orriciat count neronran cincury count or rua t em suoicias, cincurr. caos couniv. rua.

I

j O l 1 I i I I 12 Excerpts from minutes and notices of Florida Operating Comnittee meetings involving 1959-1961 joint studies. I

 <~

k,

1.,,g %.y.* R e:*~ % v W & m w + 4 u + % % {.+- -

                                                                                                                ,;aw .    - - _   _u-_    :9m 4.wu443;5, :.4.,,

i

  • DOCUMENT 12 -

M 5-59

                      !                            (                                                                                                               Recorded 11/59 Published 1/2/6 FI.GLII1 OPEPiTIM Cowrt?E!!:

( Minutes of Meeti_r November 10, 1959

       '                                                                                                                                                                              '~

The fifth =seting of tho' Fiorida Operating Co-4 ttee was held in the General Offices of Ta=pa Ilectri= Company, Ts=pa, Florida, Nove=her 10, 1959 - Present : Mr. J. D. Hicks , ) Tampa Electr.*e Co=pa=7

       ;                                                                    Mr. J. R. Brice Mr. R. R. Proctor                 ,

(-

        ;                                                                   Mr.

Mr.V..B.2. Si=o=ds % }. 71erida F=ver Corporation e - Mr. E. 't. Page ) 21orida Fever & I.ight Cc=pa.uy Mr.I.S.5'^='==) Purpose cf the =aeti=g was to consider a=d approve the program for the joint beard study scheduled to be held at Georgia Tech during the - week of November 16, 1959 . The .follevi=g is a brief record of the discussions a=d resulta . of the =seti=g

1. The Chair =as reviewed he effort to make a joint heard JOINT F 1RD stat 7, remarki=g ht as early as b first =eeting of STUDI

( the Operati=g Co=nittee in Jamnary 1959, the =atter was brought up a=d that at the third =seting in March the

present Sube
  • ttee was for sd. At the fourth =seti=g is July b 0parati:2g C *ttee diser.ssed in so=e detail the work being do=e by Mr. Si= ends in co==ection with Seamte Resolution 71, a=d at this useti=g the Subedttee was given the green light to go ahead a=1 plan'the joint beard study alo=g the li=ss which h three ec=;ssies vere reporting to III as their expected gravth picture.
  • Si=ce its for=stian, the Joint Board Study Subec:==ittee, co=sisti=g and Mr. 317a=s of Mr. 3 rice (later
                                                                                               - IFL    - TEC,Mr. Chai:=an;)Mr.

En4=m ,.have I,ogss

                                                                                                                                                 =et- six ?PC, ti=es a=d a great deal of work has been do=s. It is                                                           I realized that tb.is joi=t work has required extra effort

( over and beyond ths nor=al assipnta of the varicus people isvalved and the Chai:=an expressed the tha=hs

          -                                                        of the =ain Co=sittee is ca==ecii=g the Subec==ittae for its f1== verk. Particular credit was given for the                                                              .

reviav which the Subecc=1ttee made to dotar=i== if the short rs=ge pla=s of the three ec=panies cos*-ted on a

                                                     -              long rsage basis.                                                                                                ,-

3 Mr. 3rica, Chair =a= of the Subca

  • ttee, presented a -7.
           -                                                        for the joist board stud 7 of the three syste=s as they =ay appear about the year 1970 vhen the e-*--d capsbility v*7' be an esti=sted 10 -4"
  • cn kv. Tour new plant sites are

( projected, a=1 unita up to 500,C00 kw size are i=tegrated

                   --                        . --                             . . , -    . , ,         . . -. a._,,                      .;   . , _ . , . . ..          ..               1

l . rw.z. cn.E*~.- h -

                                                               - :-~ - --+ye~%kHw h 5 -a.m-*f                        +         1..~.La-t< - -<c s    -                                                                                 M 5-59

( Recorded 11/59 l Published 1/8/60 l . hp2 l - by a state vide grid operating at 230 kr. In general, the 3 plan for h board study vill be +a study =ajor t=1t and line outages to deter =ine if the 230 kv grid and larger genersting statio=s could be operated as an i=tagrated system to the =utual benefit of all three cc=psmies. The study then =ight be used as a gn=eral guide for i=dividual, ' and jo'ut r'*--* ! - =odified of -1urse, to = set actual

                                     =seds as the loads develop.
  .                                  There was discussian of the =ethods to be used in tha
                                   . board stud 7 si==e it appeared that thers were =i=or                                                       -

differences in 6 procedures ord*---ily used by the. individ=al T des. The possibility of ut4md : a 7 digital ce=puter for con *4 the st=dy, was also dis-  !

   !                                  cussed.                                                                                                    ;

The outli== proposed by Me, Erics was accepted for the three ce=pa=les by Messrs. Eicks, S'- '=, a=d Pm, and  ; it was agreed that Mr. Erice is to prepare a pr=1'~t* 7 i report for the Opersti=g Cc==ittee.,111 , - releases vd" be , confidan'.ial. , The =seti=g adjour=ed at soon so that the Joi=t Board Study Suhr ".ttee could = set again and work cut sc=a 1s.st d te data regirements. Before adjour=i=g, the Chai =sa brought up the =atter of AGLT1 FOR

         ,'                            oveds=1 schedules for 1960, and it was proposed by                             IG::':' 1~mG Mr. Eicks that the tentative schedules be prepared for disca.ssihn before the end of 1959. The &=4 ----- also
                                       -= ' dead that the reports of systen disturba=ces*had been ;sssed over the last two seti=gs sai that a su==ary report =ight be made for the =e=t =seti=3 +4 bri=g this
                                       =atter up to date for ths record. TEC a=d ??C agreed to forward the =ecessary data a= their outages, a=d the
                                        &=8--=* v'" prs;sre a si=:=ary report ale =g these li=es.

If possihle, the ne=t =seti=g vd" he hald befors the 203':' 1.~i3:I2:G and of ths ysar, to agree on overhaul schedules for.1960. 2ddgst a=d other r'a-ad*g requirements =ske it desirable to set these schedniss befors the ber'- **g of the year. I ,, w (7-y ' E. V. Pass Chair =a=

     ,                 Capiss   W . J. D. Eic'.:s              (5)                      -

Mr. lester UI=, Jr. .

    .                           W . A. P. Peres                (10)
    ;                           Mr. V. 3. Si=onds
    !#        T Mr. E.V. Page                  (10)

Mr. E. 7. Street

     .        }

__ ~ _ ==_=.=_ _ -.*_**

                                         .__=  . ._=. . m e, = r_____

_m _ _ .. m._.,_ , -.

er __

                                                                                                                              ~

O - O T . O 1 5-5, Jovember /.,1959 Ff.CR!ra OpIRAG 'CNetT"*EZ y . [ W. J. D. Ec3cs, Tm=pa Eactric C-*"y, Ta= , norida *

            ,                Mr. Iester Ulm, Jr., Tr.=pa nectric Co=w, Tamps, norida Mr.1. P. Pere =, norida Power Corporatien, St. Petersburg, nerida Mr. W. 3. S*-w=, norida Pewar Corporatics, St. Petersburg, norida Mr. H. 7. Street, nerida ?cuer & Light 07 "y, Miami, E srida.

Confiz.'i=g telephene discussiens this date with Messr s. Hicles a=d

  • Si= ends, the irth =eeti=g of the nor."s. Operating Co=nittee va 7' he held in Ta:sps at 9:C0 a.m. Hove =her IC, 1959,is the Ce=eral Cffices of.the Tamps nectric Compa=y. .

S.e purp:ee of the =eeti=g is to censider a= approve the pregm s for the Joint Scard Stud 7,which vd" he held at Cecrgia Tech duri=g the week begd- d g Nove=her 16. .

                                                                                                                                                                          ~

The Joint Scari St=d7 Si e "ttee, Mr. Erice, CC Chair =an; 2 Mr. Lsgn=, PPC; and Mr. h4=-=', PPL; u.d11 =est at the sa=s place in Ta=ps. on Manday, Nove=her 9 at 1C:00 a.s. to fd-=' d e the program to he presented - to the Cperating Cc ittee on the foneving day. Messrs. Si=c=ds and Page, ami psesibly Mr. Hicles, plan to attend this pr=1 **-= 7 session.

                   ..                         Because of the i=portance of the =atter, ar.d the verk .~=d                                                                                      ' g t'o be done, it is r1=-M to devote the enti.re ti=a to the Joint Scari S*.247 .            .
                                        '~
                                                                                                                                                             .1 y  w               f           e L V. Page                                          '

Chai:=an

                                                                                                                               '                "~~~

Copies: Messrs. J. D. Eicks ( 51 .

1. P. Peres (10)
                                                       , L V. Page (10)                                                                                                            '

J. n. ar1ce

  • J. T. Iogan
3. L. Biva=s
  • L 3. N A=*=* . .

O.

O O- Q

                                                   }O                                                          .
                                                                    ~
                                                                                                                                                          .'                                                                                                                            .                                N 7-60 i     .

June 13, 1960 i .

                                                     .                                                                                                                                    ECRILL OPERAGG COMmu:.,
                                                          .'           W. J. D. Hicks, Tampa nectric Company, Ta=pa,, norida W. Inster U1=, Jr., Tampa Electric Company, Ta=;a, norida
                                                                       &.1. P. Pere =, norida Pever Corporation, St. Petersburg, norida Mr. W. 3. Simced , Herida Pcver Corpora. tion, St. Petersburg, norida Mr. H. 7. Street, norida Pcver & Light Com;mny, Maimi, nerida' Confiming telephone dise=ssions June 10 with Messrs. Hicks and Perez, the seventh meeting of the norida Operating Cc 4ttee vill be held in Ts=pa at 9:30 a.m., Ju== 23,1960 in the General offices of this Tampa Ilectric Cc=pany.

A G E N'U 1

1. The Joint P7an4ng Subce=mittee censisting of Mr. Erice, TZC;
                                                                                                                                        &. Iagan, FPC; and Mr. 3"*=*=", FPL, vill present the results of its study of the three systems as ther =ay appear in 1970 when the 9"4 capacity vill be an estimated 10 millien br.

This study has been under way sines a Joint Scard Study was nade at Georgia Tech in November 1959; It =sy offer a basis for cooperative ."1=""+": as the three systems grow. 2.. The Chaf=an vm s"Nt for censideration the vertia.g agreement

                                                                                    ,                                                   urder which the Illinois Pcuer Ccapany, Central Illi ois Public Service Compa=7 a=d U= ion Ziectric Ce r_"7 operate the m N is-Missouri Power Pool. These three ecmpanies have =any of the same problems which we have experienced here in n orida, a=4 it                                                                                                                                        .

is thought that their contractual reistions can be examinid to datemine if they may be used as a guide to design a three pa.T agreement for the 71crida c = y "#=s.

                                                                                                                                                                                                                  .                                                                                q%.,W %              s          .
                                                                                                                                                                                                                       * ,                                                                           H. W. Page Chair =an HIP /eas Copies: Messrs. J. D. Eicks                                                                                                   ( 5)
1. P. Peres (10)
5. W. Page (10) ,

( .

                                                                                                                                                                                                                                                                                                                                           ~
                     ._.%                                      ,__m     .         ,me_                                                   ~ - - + + = '                    * - '                      '**

_ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ -_ J

N-7-60 ( . - Paga 2 .

3. FPL and FPC are practi- m y on schedule is their c~erhaul OVERIKUL
     ,3
      \ '                                    with no difficulties reported. TEC has had to dolcy the SCIC ULES two G--non units until Octoher - Nova 7.har. FPL m q have to lengthen ti=e allotted to Ft. Itrars No.1 r~*_.lcuder-dale ths. 4 and 5, but this chould not interfere vid other largu units.
4. Pises for 1960 reported bf esch =f the W rce ec=pe= den PIAI:S IUR 1960 in Ja==ary 1960 appear to be I.atericli~' g as epucted l

except that the It. Wi.ite - Sil, er SprinCs line vill probshly not be ready for service before early 1961. 5' Eigh speed reclosure for FPC e=d of Senfor:i tie was EIGH St--o discussed at Ja== cry 13 =seting, and FPC was to lock RECLCSU23 FC?. f into the =atter. 16. S'- a~8 v111 follou up on this SilICRD TIE

     \                                          iten.

CW W MII:G CF

6. 07erloading d**d cf tr==sfer=er en TEC-FPC tie at Juneca TP.A2GFC212P. TII has bes= ~4 ed by eseperr. tion of 'the TEC,* FPC s=1 FPL dispatchers. Mar =i=s pickup lead schenR.es AT JOI:IAI have bee va,tched vez7 closely to arcid overle=d* 3 of the tri.:.sfe _sr. TEC reported that they have tentativo 1c g-r==ge plar.s to a'd '-=te this battleneck.

JOIUT 3Ca?.D

7. The Joint ?'a--' g Subec==ittee consisting of Mr. Brice, TEC,19. Logan, FPC, and 16. Bu e -*-", FPL, presented STC! .
                                                . its raport on 'i Coc dirsted Plan for the 1970 Ger. ort-                                                                                                                                                                                                                                                                                                      ,

tion n=d Trc=s=issien Raquire=ests for the Electric , g6 '; Utilities of norida". Work c: this report hcs been u L-( drus/ si=ce the Subco-d- ttee was casig=ed the cask 1: 1hrch 1959

  • 9. g ,-* , # <

4 ./5,% Broad r.spects of the report vere esvered h/.the Sub-cac=ittee but lack cf ti=a cut the disc =ssicn short. It v*'7 he ecsti=ned at the sext =eeting after each of the three ce= ~ *es has had a cha=ce to review it more theren;;h17 The need for further study of certain pcrts has been hror;;tt cut, a=d it is hoped that specific additia=s' vork ens te laid out for the Joinn F'"*d g Subecc=ittee at the next =eeti=g.

b. 'The Chair =an distrit ted copies of s folder cont ='ed*g ILLIHOIS-MISSO' the Illinois-l'issouri Pever Pool Agreement c=d i=fer::n- POOL AGE m 32.-*

( tics pertaini=g to it. This hcd teen prepared to stim'r.te dise==sica of a mutually satisfcet:ry three-party agree =est to proeide for incrassed cooperation between the three n=rida. ec=pa=ies. Icek of ti=s prevented discussion c=d the.=stter vd" be cen+'med at the next meeting. S

                                                                                                                                                                                                                                                                                                         .                                                 1  .
           ..                                                       ..        ..-                           .             .      .w       - ,

_. ... _ _ . ....v..- . . ... . .. 1To . 8 L 6-61 June 11, legg s

                                                               . 03 I OA 0 ?! RAT I NG CO."M ! 7"'IE
    .I                3c, ;, c. Hicks, Tamoa Elec:ric Cemeany, Tampa, Ficrida                                                 .

[ 3r. Las:er U b5. J r. , Ta=ca El ec:.-ic Cc=cany , Tampa, Ficrica

37, ; . p., 3 rice, Tacca.,ilectric Cc=cany, Tamca, Florida
       !             3r, A. p. Perse, Flori da Pcwer Cerecra:i cn , St. Ps:ersburg, .1crida
       ;             3 r. W . 3. simones, Florida ?cwer Ccrpcra:ica, St. Peterscurg, .1crica                                        ,

j 37, n. F. Nebe, Jr. Florida ?cwer Ccrpora:ica, St. Peterscurg, Flori ca ' M. . H. V. Stree:, Florida Fcwer & Ligh: Cemeany, Miami, .,1 erica Mr. K. 5. Suchanan, .:lerida ?cwer & Ligh: Ccmpany, Miami, cicrica l JO!W PL*NNING STUOY Ic6k - 65

      .l i!

The abcve recere has Juse been conpleted by Messes. Erice, Habb and Euchanan of cur respective companies, with the cecpera:ica cf the Orlande U:ill:Tes Ccmmissien. Dis:ribu:icn shown belcw i s being made :cday in peripara:Icn for meetings and discussions between the several utilities. I: is suggssted tha: :hese discussiens shculd inel,ude: Censidera:icn of using energy and demand acccun:ing 1. peccedures based en actual schedules - such peccadures Cur presene me:had are in wide use areund :he country. cf acccunting fer energy ficw, ccmpany by'ecm=any, is already burdensame and will become more so.

1. Adeptien of a calendar menth fee intersystem billing.
                .                             This will eliminate a Ice cf work which new results from TEC, FPC and FFL each having a different billing mon h.

3 The handlidg and me:hed of repayment of uninten:Icnal interchange. .

4. Effect of :ransmission losses resulting fecm free !1cw cf pcwer - i.e. Icsses due :c pcwer circula: Lng in locps .
                     .                        ce resul:Ing fran ene system purchasing frem another.

g , Under what circu= stances shculd such lesses be neglected?

   .,                                         Under what circumstances shculd they be acccun:ed fer?
                                                                                                                                                   )

l WX-I H. W. Page  : Chair =an I l Ceaies: Mr. J. O. Hicks (15) Mr. A. P. Perec (20) . Mr. H. W. Page (10)', Distributica of Repce::

  • l Mr. J. D. Hicks (3) Mr. H. V. Page (5) i Mr. J. A. Erice (1) Mr. K. 5. Suchanan (1) l Mr. A. P. Pere: ($) Mr. C. H. Stan:en (3) 6- Mr M. F. Hesh , Jr. (1) Mr. F. C. Vallace Mr. E. C. Vindisch (1)

(I)

li O 13 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 8/25/81, Tr. 113. O

                                        '1 I i                                                                                  UNITED STATES DISTRICT COURT u
                                         ;                           <-                                             FOR T11E SOUTHERN DISTRIC,T OF FLORIDA.

I 2 i. 3f0AINESVILLE REGIONAL UTILITIES, etc., DOCUMENT 13 f 4 L Plaintiffs,  : t 5 l;\ vs.  : 79-5101 CIV-JLK 6 4 FLORIDA POWER & LIGHT COMPANY, IL  : i Defendant.. S.. -- .-- --- .. . . -- ----- . ... 9i , 10 t t i 11 ' e 12 , 13 DEPOSITION OF ERNEST L. BIVANS, taken 14 i pursuant to Notico, held at the Offices of Florida 15 I Power and Light Company, 9650 W. Flagler Street, 16 i

                                              !! Miami , Florida, on August 25, 1981, commencing at or 17 !!

about 10:05 o' clock, a.m., before MARTIN B. LESHAW,

                                               ; Official Court Reporter and Notary PUblic for the 19 ,:

i State of Florida. 20 l i ' 21 l li 22 i i l I 23 I  ! I . 24 Ii 5 netw vont NATIONAL REPORTING SERVICE

                                         *f*secoverst.

4 MARTY LESHAW MIAMI

                                                               " * " * " ' =                                                                                       " " ' * " ' " -

ornicias couar aspearsa t ciacuit covar or twa t em Juoicias. ciacuit. oaos county. rLA.

t . I i 113 L._ 1 . Do you recall whether you have seen these p 2i two pages before? 3 A I don't recall it per se. I may have, 4L . O Do you know whether this draft, or a similar d raft, was ever discussed at a Florida Operating Committee 5q d ;r-meeting; was there ever any discussion about the regional

         ;Jorganization?

3' A I don't remember. I'm not sure what the 9 statement " regional organization" means. 10 Q Looking at Bivans Exhibit 3 for Identification 11 [ page two , item 7, which also refers to a statement 12 lt concerning regional organization, do you recall any 13 discussions of the statement " regional organization" in the

 ,          i 14 I          Florida Operating Committee?

15l A No. You asked me that question before. I 16l was not at that meeting. I still don't know. 17 l Ma'. GUTTMAU: I will offer this as Bivans Id Exhibit 12 for Identification. l 19 (Thereupon, the document referred l 20 to was marked as Bivans Exhibit h 21 hI No. 12 for Identification.) li 22] MR. GUTTMAN: I would like to identify E 23 Livans Exhibit 12 for Identification, a one-page letter 24 from Louis !! . Winnard, Jacksonville Electric Authority, to ll 25 !! Mr. IIarry Luff, Assistant Director, Orlando Utilities

         -l             New von                   NATIONAL REPORTING SERVICE F           is cover nr.

MARTY LESHAW W M8

            )          " " ' " " " '
                        >"'""~'                         orrici.i. co.=, a cron,s=                   " " ' " ' " " " '

j c, aces,co a. or m. ,,. ..... ..... .... co ~,..r ..

1 i O 14 Excerpts from minutes of meetings of FOC's Study Group for

Joint Long-Range Planning, showing people present at the l meetings.

O

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rtenteA ectu tsC cc .ett fot*T 5 ncy DOCUMENT 14 e m atuco esi - ino

       -'.                       s
                               '                                                       A meeting was held in Ta. ca, Cc cher 5,19% to discuss th Pecoosed
                      ,                                              Joint Study for the period !!67 - 1930. (See attached mer cronattun MWP/K53 9/2f+/64) i*

Attendancs , j s A. P. Perez ) Florida Power Corporation .

   -                                                                                                    M. F. Men                  )

J. D. Hicks ) Taepa Electric Cc.mpany Lester Ulm, Jr. )

  • A. D. Valch ) ,,_.,

H. W. Page ) 1 E. l.. Sivans ) Florida Power & Lfght Comoany J. G. Raine ) 4 K. S. Suchanan ) i Agreement ~was reached that the study should be made, and that it should Include Orlando Utilities Caumission and City of Jacksonville if they are willing

        ,                                                            to par:Icipate.

The scope was discussed at some length and there were dlf ferences of - oolalon as. to whetner the study should follow the pattern en which Ceneral Electete Ccavany hid. Both Tamoa Electric Canpany and Florida Poaer Corporation want at least one plan in which unit s.lze Is ultimately selected by the computer, and at leest one plan ,in ,which a given service reliability Index is saintained to determine **

  • Installation dates of given size of unit.- Tampa also desi.res. ca olete econr:mic' -',

evaluation of generation sites takfng into account differences in fuel cost. construe lon cost, fland. char As, . etc.

  • C:nsensus was that this will ' require evaluatica of add!ttonal last year sp'as, herneos,' four rather than the preposed two. It was agreed est the G1 prescsal was for ths at:st par. appropriate, and since c:nsiderable flealbil!ty Is built coht, it can be changed with the mutual agreement of the participacts as 'e y progresses.- Additional programs may be perforried by any partMoone at i o cost, or Jointly, by several per:Icipants at their prorated costs.

1 we 't. e opinion of the group that emoloyment of a =cesultant Is not desi rsi te. T. e stucy will be ac.itinistered by Mr. Hebb for FPC, Mr'. Ulm for TIC, and Mr. Sivar s !:r FPL.

  • NThuI prooosed allocation of the cost of casouter facilities and services, 50", on the s'a(sis of 19& summer peaks and SC: divided ecually. did not cost with
  '                                                                  aooroval; accNa 70 - 30 divisica was prepcsad. This divlsion gives around $5 C0 as the cost of scaputer facilities and services to Orlando utilities Carutission and City of Jack.sonville, and it was suggested that these two pressective partic!paar s 4                                                                  he approached on the basis of coning in at a flat cost of $5CCO for comouter facilities
  *                                                               .and services. The balance of this cost will be earne by Florida Power & Light Company I                                                                    ($1%), Fisrida Power Corporation (26.57.), and Taepa Electric Company $25.5%).

y j- . b[3 s Miocaef on of cost of Carrueer Facilities c Servf ees l Q h 5suaerf.osd Ion 70% 3ased ca 30%~

                                                          .e
                                                              ,,                     w                 ar.      Sunvaer t. cad                 shared Teually           focal b F7t.                                                                                                                  (32.07"l; of pe000) 4
  ,                   \ /*                              i2 FPC 2419
                                                                                     $45 60.1 23 5
                                                                                                                     $16313 6530
                                                                                                                                                     $4C00 4cCO
                                                                                                                                                                        $10$2S 10580     (26.t+57. of $4c0cc)  ,

D 653 16.4 _f.$ at LCCO 8592 (21.487, of $4cCCO) i

            ,s                                           * { 7tC I                                                    .e                    $            mM                   M                             M                                             *
  ;          //                                         **. *4 CUC                                                      .                                                    5000
            )                                                         JAX                                                                                                    SCCO l l                                                                                                                                                                      m
                                                        %                                                                                                                            (52.07",of skicCO)
            /.                                          z e,          F Pt.                                           $13932                         $45cc               $23432
                   ..                                     aa          FPC                                                 7403                        45c0                 11903     (26.457, of sa5cc0) stG5                        f Too                  $465    (21.f.87. of $43;;0)

N TEC~ w $31$00 ft15c0 4e

                                                        , n.         CUC                                                                                                     90C0
                                                                                                                                                 ,                       15C000
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((/./ V y, ( O C, 12/10/64' u, .., ~ ' (

                                    .              ..                                                                                                                         .ELB EXHIBIT NO. 4 7 LORICA CPERAT!M3 CO".'ilTTEE f

Gj -(. ' STUDY GRCUP ~0R JOIN LONG-RANGE PLANNfMG The first meeting of the Study Group for Join Long-Range planning was held in the Engineering Conference Room of Ta=pa Electric Cocoany on Decameer 1,1964, at 3:C0.A.M. Those in at:endance were: ,

        ;.                                                                  Jiassrs.,, J. R. E rica                                             7.sar,a Elec:ric Co.

P D. Folse 3 , J s . . .

'}                                                                           .                 J. K. Wiley                                      F7erida Power Corp.

. 1 S E. Marks

     'l W. E. Scott                                                                  .
                                                                                                     .                                                                                             p_ -

K. S. Buchanan Florida Power & Ligh: Co. J. C. Saine . { kving Reedy Orlando UtilI:Ies Commission

'[    ,

R. L. McCall City of Jacksonville

                                       ,                                                       R. L Gittings E. C.Nalle                                                            ..

J

                                                            ', ' '~ .

J. C. Hartley General Electric cc. A. J. Wood The official members of the Long-Range study Group, as appointed by each - par:Ic! pan:, are: Ta: pa Electric Co pany, J. R. 3 rice,- R. E. Proctor-A1:ernate;, Florida ?c ar Corporatien, J. K. Viley; Florida Power & Ligh: Cc=pany, K. S. Suchansn Chairman, J. G. Raine; Orlando Utili-les Co. mission, Irving Ready; Ci:y of Jackson-

        .                                      ville, E. C. Nalle (appointed 12/4f64).

i - The follosing is a brief record of tha =es:ing: i '2 Mr. Wood reviewed the data require =en:s of the various com-puter programs that are to be used in our Joint Long-Range Planning study. He discussed a proposed schedule for the

        ,                                                                       various phases of the s:udy and showed by use of charts how several phases are carried along concurren:1y. 4 he p ro-                                                                ~

posed schedule covers the eight.conth period January 1965

                                                          ,                     through Augus: 1965 He emphasi:ad :he need to furnish promptly the inpu: da:a and study guidelines during the firs:

3 . months of the stucy in order tha: the selection and evalua: Ton of the possible expansion plans can be acccmplished wi:hin the four conth period, April through July. The finsi su=ary repor: ! will be prepared during August. The proposed schedule was adopted.

2. A large scale map of :he systa=s of the five par-icipan:s will be required in the study. Mr. Suchanan will send each participant, Mr. Vood and Mr. Hartley, a full-si:e prin: of
                     .'                                                         Scace of Florida Electric Syste= Map of Major Transmission Lines.
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f . 2/10/65 Ft.0RICA CPERATING COMM IT*EE STUOY GRcup FOR JaiNT LONG-AANGE PLAN # f NG, MINUTES OF JANUARY 21. 1965 MEETING The meeting was called to order by Chairman Buchanan at 10:35 a.m. - January 21, 1965, in a Conierence Acom at Tampa Electric Company. (The 1965 stability study and 1967 load flow study were discussed prior to this meeting and will be reported on separately.) In l attendance were: " Messrs. K. S. Suchanan Florida Power s. Light Co. J. G. Raine n n n n n C. L. Ballard a " " " "

                                     . J. K. Viley                              Florida Power Corp.                         --   '

t

  • G. E. Marks " " "

J. R. Erice Tampa Electric Co. Sob May " " " P. Foltz frying Aeedy Orlando Util. Conse. R. L. Gittings City of Jacksonville R. L. Thompson " " " E. C. Nelle " "

  • t J. C. Hartley General Electric Co.
1. It was decided that the penalty factors for preliminary production costing were to be determince. by using the 130 bus, scheduling load flow program as suggested by Dr. Wood. The 1967 load flow presently PENALTY I

being assembled by the Florida Operating Committes Study. Group will FACTCRS be used as a guide. for reductica of the State system to 130 buses. ' A 7C% tcad level will be used with this 130 bus system for determing the penalty factors. The bus numbers for each utility will be as follows: Comoanv Sus Numbers (Inclusivel CUC 1 through 7 Jacksonville 8 through 15 TECo. 16 through 37 FPC 38 through 92. F?sL 93 through 130

           . This load flow data is to be ready for running by March 1. Mr. Martiey is to supply ssca peticipant with the input forms and instruction manual for ,tnis matrix load flow program.

2. Each ut!!!ty is to arrive at les own unit investment cost data in TOTAL $ and $/KW for the particular unit sizes that it forecasts for use in gene-ration expansion Plant #1 and other plans. The cost data of each ut!!ity are to reflect its own rating and design practices, suca as humoer and INVESTMENT type of boiler feed pumps, type of fuels, throttle pressure, number of COST CATA generator step-up transformers, high voltage termination, et=. O REQUIREMENTS

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4/27/65

                                                           . Ft.0 !DA CI'!RATI"C CC:dIT"22 d.m                          '

STUDY CRCt!? 7C JOIf.*T LC 'c RANCE Pt.A '?!INC MINUTES CIP MARCM 9 10.1965 ME!TI!:C The meetinC was called to order by Chair.r.sn Buchanars ac 9:00 a.m., March 9, in a Conference Room at Tampa Electric Company. In at:endanca were: Masars. K. S. Suchanan - Florida Power & Light Co.

  • J. C. Raine - " " " ,"

C. L. Sa11ard . " " " " - . Florida Power Corpora: ion

  • J. K. Wiley. . -

C. E. Marks - " " " W. E. Scoc: . " *

  • J. 3. Seice . Tampa Elec:ric Co..-

R. M. May . " * " E. C. Naile . City of Jacksc:wilic .

                                     .                         R. L. Thompson -                                                                                                                   " "
  • Rarry Luff . Criando Utilltias Ccesissica I ving Recdy - " " .

J. C. Hartley . Gener:1 Electric Co. Dr. A. J. Wood . " " a The da:s forms for the Scheduling Lead Flow were discussed prior to mer;;ing cach u:llity's data. The polist oss made that we are using gross loud: and gross incremen,.si has: rata dats, which brings up the question PE:aL'"Y of hou to handic :he plant' service usage. Af ter much discussion ic was FACTCR

                           .dacided to reprssent the plant service usage as a load on the plant bus.                                                                                                                                                                                                                                                           D:.u .e.

Dr. Uoed <tiscussed the Scheduling Load Flew Program. A brief descrip. til:M"'IC:: tica folleur: .

                         .                1. An i=padance m::rir is establichad using the !!ne data
2. The Icad ficw solution is arrived ce by use of %e impedanca matrin, rather than che nadaj itarative method.
3. The generatica is scheduled in accardance with the "Coordinatien Eque: ions," u:111:ing the individual .

generater incremental heat rate daca, taking ints accoun: cnr.s=ission losaG. 4I The trar.s=issien lesses are calcula:cd by the P!? meth=d, where the 3 is assu=ad tc be tha R cempenent ' of the impedance matrin. 1: vas indicated tha: thi assump:Lon lent:s 1:self :o only a plus er minus 5". error in total sy::am 1:sses, over the ac:ual 3

    S                                         matrix cons ants.

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11/3/65 LONG-RANGE STJ0Y GRCUP

  • 241061 MINUTET OF OCTOSER 28-29. 1965 MEETING O
   ,. -                   The meeting was called to crder by Chairman Buchanan at 9:30 A.M., October 28, In the Engineering Conference F,oom of the Jacksonville City Hall.                                                        In attendance were:

Me.ss rs . K. S. Buchanan Florida Power and Light Company J. G. Raine s' 88 '8 " F J . Hammond .

                                                                                                                         n           n       n                  .

J. X. Wiley Florida Power Corporation W. E. Scott " " " l J. R. Brice . Tampa Electric Company i P. 8. Folse ' n 8' 's R. L. McCall City of Jacksonville

  • E. C. Nalle u u u R. L. Thompson u u u irving Reedy .

Orlando Utilities Commrssion J. C. Hartley General Electric Company, Tampa

1. A discussion was held on the investment costing output for Plans 2 '

through SA. There is such a small differential- Irivestment between chs l , plans that no positive conclusions could be reached. It appears that l . . the original forecast of the $/kw trend for the larger units was not INVESTMENT

             -                                                                                                                                                   COSTING
               ,        decreasing fast enough in order to widely separate these five generation plans.        In Plan SA, where a decrecsed forced outage rate was used, there was a marked decrease in the investment.                                 In general,;lt was concluded that thasa. r.1ans did not differ enough in inves'tment kost to properly distinguish the most desirable plan.                                                                                   -
2. With the expansion plans that we have studied, there is not a grea't' differential in the total investment cost associated with each plan.

In order to analyze the different expansion deth we cust arrive at a GENERATION

                  -                                                                                                                                            EXPANSION minimum investment and production cost figure for each expansion plan. ,                                                               PLANS Once this is achieved, we should reali:e a curve as depicted b'elow.
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241059 1/31/66 LONG-RAMGE STUOy GROUP

  • 2 MINUTES OF JANU*RY 13-14. 1956 MEETING. .

l . A two-day meeting was held at the Florida Power Corporation's offices on Janucry 13 -14, 1966, beginning at 9 A.M. In attendance were:- Mes s.rs. K. S. Buchanan Florida Peber and Light Company J."G. Raine , , C. L. Ballard. 1 . J. K. Viley Florida Power Corporation I W. E. Scott . G. E. Marks - J. R. Brice Tampa Electric company - P. L. Folse

  • Dick Koble .

Irving Reedy ' Orlando Utilities Commission . E. C..Halle

                                           '                                                 City of Jacksonville J. C. Hartley                        General Electric Company Dr. L. L. Garver                     General Electric Company, Schenectady, N. Y.
1. During the entire first day of this meeting, Dr. Garver reviewed the basic decision making techniques used in the Transmission PRELIMIRARY Estimation Program. .The preliminary transmission estimation plan TRANSMISSICN output for Generation Expansion Plan 2 was reviewed, in the light. PLANNING
  • of determining how the input data influenced the transmission design. -

Most of the paradoxes in t.Se output were resolved and it tas decided

  • to change various input datis for a reru'n of the prelimintry trans-
                              '     mission estimation plan. A normal and a line outage casa is to be run. This will' serve as a guide for future transmission estimation designs.

Due to the ilmitation of the numbsr of right-of-ways that can be used in the planning groups, each mer.aer sho@. list all right-of-ways that they feel are of importance. Each member should exchange this data , by February 4, in~ order to assure. that coordination between ut!!!tles has been taken into. consideration.

      .                2.           Generation Expansion Plans 6, 7, 8 and 9 were reviewed from the stand-point of: (1) size and timing of generating unit additions, and (2)                                            GENERATION generating plant investment costs for all-fossil expansions.                                                    EXPANSICN
               -                                                                                                                                   PLANS The determination of the 'two bast ganse:tlen expansion plans was then
                ,                   discussed.          As reported in the Minutes of the last meeting, the so-1ection is to be based upon invest = ant easts and preliminary production costs of the generatica plans studiad to date.                                                                                    -

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                                                                      ?*,C'3.Idi CPI?iTUG CtME~II
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Ja=ary 12,1961 MDU?.UCUM

                         &. J. R. Frica, T4=ps nactric Cc=pa=y, Tapa, Merida.
&. M. F. Enhb, Florida. ?
ver Corpor tic =, St. Petersburg, norida.
                         .t . I. S . 2n ~'-= - = ~ , 71=rida ?:ver & Light Cc~,.1::7, ita=:., Ilcrida JOIW Pr.1 MEG It was agreed is cur =eeti=g cf Ja=us 7 11, 1961 at Ta=pa, that en d ec=pa=7 veuld P==tsh the fell:vi=g i=fe=stics so that jcist requirace=ts for 1%%64 cculd be c'"7 e=pload. Florida. ?:ver & Light Cc=,4=7 ud7' ce=hi=a a=d                                                     e l                         plot all da..a a=d the e 5'- M prese=:stic: vP hs =ade availabla to Ta=pe, nectric Cc=pa=7 a=d norida. ?:ver Corpc-d -- *~ a=ccher =asting at Ta=pa,

! Triday, Ja=ary 20th.. The dz.:a.v4" he used to. set up the 1 cad levels a=d area require =sc:s fer feasik' ty s tudy of additi--=' trsas=issics ss.

                     ~
1. De===stratad g cas W capahd.11ty of each u=it fer each =c=th cf the year (=ay be esti=sted er deter =1=ed fr = icg sheets). ,,

l . 2. Isti=ated 60 ~'-"ta* istapatad -=vd-- systa= peaks is gress k; l by ==r.ths fer tha years 1961, le62, 1963, 1964. These estd= stas

sh uli hw breke d
-T. by a eas - ses roper dated Apri.11960 fer ths =i=a =atural lead areas of peni= sular E crida.

3 Actual 60 =i==ta i=:egrated ~~-* - systa= peaks in gross kJ icr each =c=th cf the year 1960; the datas of such peaks a=d the 60 ~' sta is:cgrr. tad gr:ss sys a= kJ fer each cf' the 24 hcurs cf

                                                 ;"-b days; ths ti== a=d a=cu=t of '.=stasta: acus peaks of such days, i.! a.vailabla.
4. The 60 ~'-ta i=apated gress systa= kw fer each cf the 24 hcurs of cartais da.tas for each =c-f.h cf 1960 to be frished each ec=pa=7 by the other tuo ec=pasies, a=d represe= ting their
                                                 =c=thly pea:c days; the ti=s a=d a==ust of the i=stasta= acus pea's           e of such dr.7s, if available.               .

1 It was sugganced tha,t each ec=.a=7 3174 ce=s'.derstics a=d ere.ress its views as te hev bc:a fide i=ter=ptihis leads sheuld be treated i= the datar=isatier. cf required a=d actual systa= reserres. { h-8 f E. W. Page ChaL.~s=

         /                                                                                                                           '

Cepias: 11.. J. D. Eicks (5) W. A. P. Pers: (10)

6. E. W. Page (1C)
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                                                                                                    .                                                   a=a:7 23,1961
                                'ec?AEN
h. J. E. 3:1:e, ~=.pa. Zlectri Cc=pa 7, ".a=pa, T or.dda W. H. ?. Eock, Tcrida ?:ver C.1r;c:stL=, St. ?scarshurg, Tcrita W. I. 3.
                                                    ~r--"- s E= ids. 7:ver & Lie ^. t. (*-,                               --
                                                                                                                                 .*    .v' *- ' , Herida          - .          .       .

d

                                                                        ~
                                                                                     ..CI57 *t15!r..'G
  • It was as: sed i=. seti=.g Ca=a.r7 20,1941 a *g, tha*

prspa:7.ti = ==uld start at :=== c= data, f= ba.se case spresenti=g th se

==;a=7 :7sta= c=di.1:=s *'-i '.;h a='st as cf S=; tee.her 1964. Cata
vill '--'-d- 31rtars. !4 Ga== !4 s.=i Zartew !3 gsmarsti=g ==1.s a=d 230 27

! Ma1= *1=as radiati=g f: ths ?t. l'eada-Ia.km Vales e.rsa to 7es ?s.h ! 3each arsa, Sa=f :t arsa a.=d to * -- -St.. ?starsb=g-Sars.sc a area. It is ! t=;ei -Jat da a. car. he s"'- 'ttad te.GZ c==y= ar ee= tar early 1: 7ehr=a. 7 - l vi.h 9 '** M cases f=11=vi=g ra dd77 Additi--=T- cassa vd" pr:bably i=luda

1
ad lavals of &T, Sep-u a=d Vi= tar, ic63 a=d 1964. .

4 It was == tad, t. hat, heth Zartev f3 a=d L.- e .- !4 cs ==rs=t17 s 8--M for opers** -- i= Cetchar 1963,. h=t thzt d'--~

                                                                                                                                                 !4 =17 he ists sd
                               *a
                               . 1964.

i i St=c7 cf peak lead days != each --=--r f= each. === .h of 1960

                               ' "--tas l'.ttia if a=7 diversity == pa.k - f= ths pu.rycses of st=d7, the ss dm 44 ;sais of the three c=pa=1ss .d.11 he addad to ehtai= tha pr:bahls to a' peak. "ata th== far s .-diae 1.s hased == i=t.asrated gr:ss h:ur - each j                               c~pa=7 v -- * - its :=d.s te c' eta' = =ss=1t.:ds ed t1== cf i=stasta=4:02 i

c 15 ~'- .a peaks c=: ras;--d

  • r % the data, f= 1960. i r.ltipliar v ha established to ce=rert ,the i= tag .9.ted ;eaks to i=stanta= acts ;eak=, =i=== tha lat-er ;ssks are the :=es tha.: --t he =st.
                                                 "a vrita: vdll ;rsp ta=tative w=rlaul schah'_as f= 1963 a=d 1964 t= hs used 11 parti =ast st=d7 cases.
                                                                                                                               \
x. v. Pag.

( Chai:=a= l Cc,ias s W. f. D. 31=ks (5) W. 1. P. Farn: (10) W. Z. V. Para (10) w J .

               . . . . . - . .                                  m                                                     .. p .
                                            ..         ,.%   .                                     .                                                            . = = . .        = .--     -

7 . = - -

f i i j i I i t i 4 l 4 l 4 i l I 15 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth 1 Utilities Authority, et al. v. FPL, supra, 8/25/81, 8/27/81, Tr. 67, 69, 74-75, 348, 377. 4 4 f f 4 ( i b b O l .

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_ _ ____ ;f- __ 7 -- __ is l 1 UNITED STATES DISTRICT COURT

!                          , h. ,
                                                      -                     FOR Ti1E SOUTHERN DISTRICT OF FLORIDA.

O.! 1 . l 3fGAINESVILLEREGIONALUTILITIES, etc., 4 Plaintiffs, 5, vs. 79-5101 CIV-JLK I 6 FLORIDA POWER & LIGHT COMPANY,' 7, a i Defendant.. ' S'  : 9 , I

                        - 10 )

i 11 I - i 12 ; 13 DEPOSITION OF ERNEST L. BIVANS, taken 14 i pursuant to Notice, held at the Offices of Florida 15 i Power and Light Company, 9650 W. Flagler Street, Miami, Florida, on August 25, 1961, commencing at or II! j .

                                     ;     about          10:05 o' clock, a.m., before MARTIN B. LESHAW, I
  • iOfficial Court Reporter and Notary PUblic for the 19 ,I
                                      !    State of Florida.

20! 21 22 ! 23 i 24l - i 25 3* O.y( , -

                              *!                 mcw vome                  NATIONAL REPORTING SERVICE
. i cour n. MARTY LE5 HAW MIAM8
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i l  ; 67 1j Florida operating Committee in the early 60's? 2 A I think we referred to various groups from l 3jltimeto time, where we made various studies. The different. 4 studies were not necessarily involving the same people. i' - 5 il Q Do you recall a coordinating plan, as 6 identified on page 2 there?

                       ;j                       A        Yes, there was one made.

d 3- Q Do you recall who from Florida Power & Light i 9 i would have worked on that plan? 10 ! A Which individual in particular? 11 Q Or individuals, yes. 12 A I have no idea, no. 13 de Q Did you work on that plan? ri~

                          ]

14 ; A I may have. i 15 : Q When you prepared your affidavit in the i l 16 i Nuclear Regulatory Commission context, did you seek to 3 17 j teview the study? 4 18l A The study per se? I 19 i Q Yes. 20 l - A No. i 21 ) Q It also refers to the joint planning study, 22 .' 1964-65. Do you recall who from Florida Power & Light 23 '; would have worked on that? il 24 a A No, not in particular. l. em 25lj V G Do you know if you worked on that, if you

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69 ff i l 1 A Yes. 2 !;i Q Did he have any responsibility specifically O 3i with the Florida. Operating Committee during the 1960's? 4: a At different times he reported to me and 1 5falsoMr. Page. f 6; O Do you know if he did any work on the studies of the Florida Operating Committee? 8' A Yes. i 9, Q , In preparing your affidavit,-did you 10 ' , discuss the Florida Operating Ccmmittee with Mr. Buchanan? 11 A No. 12 , Q When you prepared your affidavit, did you i 13 1 discuss the Florida Operating Committee with Mr. Page? t~;  ! 14 i A Ho. 15 Q Is Mr. Street atill alive, if you know? 16li A Yes. ti l 0 When you prepared your affidavit, did you i 18 j discuss the Florida Operating Committee with Mr. Street? 19 i A No. 20 l Q Our review of th'e minutes of the Florida i 21 1 Operating Committee also indicate a Mr. Whitmire attending. 22 would have attended the li Do you know why Mr. Whitmire 23 ' Florida Operating Committee meeting? 24 , A Because he worked for Mr. Page at that time. 1 25 [ Q He was a deputy of so.~e sort, in Mr. Page's c

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74 3 s 1 ; Q When you prepared your affidavit for the 2'NRC, did you undertake to find out what it was, to refresh 3 , your recollection? 4 MR. BOUKNIGHT: The question asked a few i l 5]minutesago is "was." "If you don't know, when did you

i 4

6 forget?" That is a rather harrassing kind of question. 7, If you want to know something about this, ask him about it. Sl Q Could you please answer the question. 9l MR. BOUKNIGHT: Why does it matter when Mr. 10 ' Bivans forgot? i 11 ! MR. GUTTMAN: I want to know, when he i 12 { prepared the affidavit, whether he knew what this study I 13l group was. Ud l 14 l Q Could you answer the question? 15 A It was a study group. .I J 16! Q Do you know what studies it produced? ,

                        /

17 A Well, it produced -- the purpose of it was j 18 to produce long-range generation and transmission studies. r 19 Q Do you know if it produced any? 20] A I'm sure they would have.

  • 21 f Q Do you know when it came out, or what dates l

22 h it car.se out? l 23 , A No. I 24 [ Q When you produced the affidavit, did you l 25 ' review any studies to find out when they were?

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2d Q Do you recall whether you received this 3 . 3 d type of document at the time it was produced? I'm not s 4 asking you to speculate. Do you know one way or the other? 5 A I don't know if I ever saw this or not. I

                                                                                            ~

6 don't remember.

                          ;i
                         ,                      O        Do you know if the relay subcommittee, which 3          you referred to earlier, kept minutes of its meetings?

l 9! A I have no idea. 10 l MR. GUTTMAN: I would like to identify as

                         !I i                 11 ;! Bivans Exhibit 5 for Identification three pages headed
                        'i
                              " Relay Subcommittee, Florida Operating Committee, Minutes 12{

i 13 ) of the Meeting, September 21, 1967," and ask Mr. Bivans

                        \

s "* if he recalls having receiving contemporaneous 1y copies of 14 ! l l 15 l these types of minutes. 16 ! (Thereupon, the document referred j e 17 ll to was marked as Bivans Exhibit n i :i l 18 1 No. 5 for Identification.) l t 19 l THE WITNESS: I don't recall ever seeing it. 20 l Q Do you recall whether you received progress 21 reports from the transient stability study group::7 i l' 22f A This Ir.st page attached to this document is II 23 h not related M the first two pages. i 24 i Q That may be. I will accept that. It 3 25 appeared to be related to us. I'll be happy to -- I wtw you NATIONAL REPORTING SERVICE I is cover s' MARTY LESHAW MIAMI I " ' * * " " ' ' cariciac cover aspontra " " * " " " ' __. l ' ' " ' " " " ' _ei.euir_ couar or ruc i n- juoies.c ciacuir. e.or cou~rv. ta.

1 UNITED STATES DISTRICT COURT FOR i THE SOUTHERN DISTRICT OF FLORIDA 3

                            .o   h.

3l GAINESVILLE REGIONAL UTILITIES, etc., a i 4l Plaintiffs,  : i J 5 vs.  : 79-5101 CIV-JLK 6 FLORIDA POWER & LIGHT COMPANY,  : . i'

                            -[                                                         Defendant.                                                                   :

3 ________________________________________: i 9! , 10 i 11 i 12 , t 13 l DEPOSITION OF ERNEST L. BIVANS, taken 3 ' pursuant to Notice,. held at the Offices of Florida Power 14 i, i 15! & Light Company, 9650 West Flagler Street, Miami, Florida, 10 on August 27, 1981, commencing at 9:25 o' clock a.m., 17[ before MARTIN 3. LESHAW, Official Court Reporter and i 18 l Notary Public .for the State .of Florida. 19 I 2.1 . i 21 ,l ___________ 22 i 24 '

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a c 1 348 1 I'm not sure if that report actually made 2E any recommendations as to installation of units and so O 1 3 forth.' , 4 , Q The paragraph says that the plan was based

                  'i 5 ;! on a,              quote, " single system approach."                           Do you know what 6;          that term " single system approach" might mean in that i

7 context, in that plan? I  ! 8 A That was a favorite term used by Florida 9 Power Corporation, which meant we would have an expansion 10 plan based on single ownership. 11 - Q Was the plan referred to on a single system it 12 I approach? 13 ' A That's his interpretation of it. I think

  )

l the plan.will speak for itself.

    . 14                                                                        It has to be reviewed in 15             that context.             It has been a long time since I reviewed
l'3 that plan. I don't kL w if I can accept that characteriza-17 tion.

18 ;. Q Did you review the plan in connection with 19 ' , the affidavit that you filed before the NRC?. l. 20 l A No. , i 21 l Q Do you know if you were one of the people 22 ; that signed off on that plan when it was prepared? 23{ A I don't remember whether I did or not.

                                                                                                                 \

24[ Q Do you know if you worked on the plan in 25 [ any way?

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l 377 s t: that I participated in the proparation of the report itcoif .

       ;i 2                        Q        That's my question.                   The report itself seems 3 (! to be signed by Logan, Buchanan --

4 1, . A I think it was done mostly by those J 5j individuals and they, in turn, under the direction of the i. d th5ee above. 7; Q Have you had an opportunity to discuss this s plan in the last couple of years or since the time of the 9 affidavit and today, with Mr. Buchanan? 10 A No. l 11 ; Q You didn't in preparation for the affidavit? 1 12 '! A I did not review it in preparation for the il 13 d af fidavit. I did review it briefly here just before lunch a 14 and right after lunch. I 15 Q Was this plan or this document or informati0n 16 considered by Florida Power & Light.in its own planning in 17 i1960 and thereafter? IS ' A. This was a plan, basically, which says n 19 coordination -- which we looked at and assembled. All the 20 plans that the participants received would be required to 21 supply the load and generation on their own systems and

i 22 .. f or additional transmission lines or for their own system, 1

1 23 $., as well . as additional . transmission lines between utilities, il 24 ;! and to detern.ine how well the plans coordinated, or attempt . :l 25 l to achieve or maximize the coordination of the plans. i stw voax NATIONAL REPORTING SERVICE l

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l O i i ( t ' 16 Deposition Testimony of Ernest L. Bivans, taken in Lake Worth Utilities Authority, et al. v. FPL, supra, 8/25/81, 8/26/81,. j Tr. 6, 177-181, 363. t l l ? O

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                            .s 1j                                                                        UNITED STATES DISTRICT COURT j'
                                                           <-                                      FOR T!!E SOUTHERN DISTRICT OF FLORIDA.

2:i-4 DOCUMENT 16 3 fGAINESVILLE REGIONAL UTILITIES, etc., i 4! Plaintiffs,  : l, 5' vs.  : 79-5101 CIV-JLK 6 FLORIDA POWER f. LIGHT COMPANY, Il i Defendant.. S'  : W' 9i

  • 10 4 l

it ' 12 l l t 13 i DEPOS$ TION OF ERNEST L. BIVANS, taken 14 y pursuant to Notice, held at the Offices of Florida 15 , l'

Power and Light Company, 9650 W. Flagler Street, 16 l
                                      'jMiami, Florida, on August 25, 1981, commer.cing at or                                                                                         -

17 ii . I about 10:05 o'cleak, a.m., before MARTIN B. LESHAW, e' 18! j0fficial Court Reporter and Notary PUblic for the 19 '; i State of Florida. 20 li , 21 i il 22 l _ _ _ _ _ _ . . , 2a i i 24I d 2s I ntw vons NATIONAL REPORTING SERVICE MIAMI 1

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6 4 i i 1; preparation of transmiscion plans and the coordination of g 2 chose, for the generation plans, I take it there was someone 3j clse doing something with ref erence to generation pla.ns. 4' A Generation plans at that t.ime was done on an 1: 5 .: informal basis. It was the primary responsibility of Mr. 4 4 6 ,I Smitn. He took that upon himself. I T He proposed various alternatives for S, generation expansion which we evaluated, as far as meeting Il

9) our transmission liability and meeting our transmission t

10 l requirementa and reserve requirements as we then determined

                                       'l 11 ] them to be.

12 Q When you became assistant chief engineer 13 in 1960, were you also continuing as head of the system

     \                                   '

14 I planning section? 15 A There was another person appointed there, i 16 k but he reported to me. a IIhil Q Who was that? 18 A There are two people. Offhand I can't 19, remember which one came first. The first one was W. D. I 20 j Lang and the other, Jim Yontz. 21 !{ Q Were you tb.3 sole assistant chief engineer 22 ;. during the 19 6 0 's ? l 23 'i' A I was until around about the mid-60.'s, when I 24 LJ. A. Lassiter was appointed also assistant chief engineer. c {] 25 Then we had two assistant chief engineers. ,

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O n 3 l! GAINESVILLE REGIONAL. UTILITIES, etc.,  : 4! . Plaintiffs,  : 5 i; vs.  : 79-5101 CIV-JLK

                      .I I

6 ) FLORIDAI-POWER & LIGHT COMPANY,

!                      e 7?.I                                                          Defendant.                      :                                    l I

l i 3!l ______ __________ _____________________ 1 l 4 l 9' 10 11 :: 1 h l 12 13 ,, DEPOSITION OF ERNEST L. BIVANS, taken

        )-

14 pursuant to Notice, held at the Offices of Florida Power 15 ' & Light Company, 9650 West Flagler Street, Miami, Florida, i 16 on August 26, 1981, commencing at or about 9:25 a.m. 17 before MARTIN B. LESHAW, Official Court Reporter and Notary 18; &chlic for the State of Florida. 19 I i 20 ' 21 l 22 ll 9 23 lI I 24i i I

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I 177 l 1I A As to which unit and units to buy? 1~ 2l Q In the 50's, yes. 3l A No. 4! O Who would have been involved? P 5' A McGregor Smith. 6( ' 0 What about in the period 1960 to '65? l i A McGregor Smith. { 3 Q Would you have been involved in that? 9l = A I'm involved at some stages during that t 10 period, at some stages of it, but not in the negotiations I 11 i and actual size selected. Il Q Who would have been involved in the period 12f 13l 1950 to 1965 in the size selection? 3 14 l A McGregor Smith. i 15j Q He would not have gotten a formal recommen-16 l dation from the engineering departrEnt? 17 A I can't answer that question. There's no 18 "yes" or "no" answer to that question. First, you have to 19 j understand how McGregor Smith operated. t ! 20 j , Q To be clear, I understand Mr. MacDonald or l Mr. Hudiburg would have been the person making that 21 l 22 , decision. I think Mr. MacDonald would have been eager to n say that he's not the one that makes the calculations and 2 he would de fer to someone like you to make the calculations. i 25 If Did Mr. Smith actually do the determination ([)) ~ NEW Y0n NATIONAL REPORTING SERVICE l MARTY LESHAW li * "'e*'" cover

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n 178 i 1i ac to what to buy in the 19 60 's'h -

I)I MR. BOUKNIGHT:

o 3! If you want to testify, we 'll be happy to arrange an Please don't make a speech, e 4 occasion for that. Ask Mr. Bivans questions today. 5 MR. GUTTMAN: If you will,-please don't 6; interrupt every time I ask a question, and I'll try to l 7 ,' keep my questions down. 3 MR. BOUKNIGHT: If you ask unobjectionable 9 questions, you will get fewer objections. 10 ' MR. GUTTMAN: Your job is to state an 11 l objection , not give a speech. 12l MR. BOUKNIGHT: Do you have any questions? i 13 l MR. GUTTMAN: I think a question was pending 3  ! 14 : before you made your speech. I 15 l Q Mr. Bivans, when you said you have to I i 16 l t understand how Mr. Smith operates or operated, could you 17 ' tell me t hat you meant? 18 A Mr. Smith, in making his determination, would I 19 ! gather people in his office,and not necessarily the same 1 20 people all the time, and quiz them under various aspects i 21 l of what he was interested in. Then when he finished, he 1 22 '- would make the decision. 23 0 As someone in the engineering department, 24 , do you recall studying yourself or supervising or knowing 3 l 25 j of any study in the 1950's that compared various alternative O ' New von NATIONAL REPORTING SERVICE l * '

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i l 179 1fsizesofunits? e n ~ 2? A Compared them as to what?

  • Gb 3f Q As to what Florida Power & Light should 4 $ purchase, either in terms -- compared whether Florida Power i

5 & Light should purchase 50 megawatt, as compared to 100 1 6; megawatt, for whatever reasons. ' 7l A There were some, yes. 8 Q Did you do them or who did those studies? 9 A Well, I don't know who did any other studies.

                                                                                                      \

10 I remember one, in particular, that I did which compared

                                                                  ~

11 the installation of two 80 megawatt installations at r 12 l dif ferent units, as opposed to one bigger unit. ( 13 I i Q Approximately when was that study done? 14 i A The one which led to the installation of I l 15 the number six unit at Cutler. l 16l Q That is what you referred to earlier?

17) A Yes.

18 f , Q Did you ever do any study or analysis of 19 the offers by various vendors as to dif ferent sizes? 20 A No. i Q Do you know of anybody in the engineering l ' 21[l 22 li department who did it? 23 I A No. I t 24 Q Do you know of anybody else in the company

 )        i M:lthat did an analysis in terms of putting something in                                                          I Ncw tonx                  NATIONAL REPORTING SERVICE r
  • ie coun sr.

MARTY LESHAW MIAMI

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180 J

1 ll writing, comparing the vendors' offers, sizes, dif ferent 1 r g 2h sizes?

   $                1 3 !!                       A          Well, I don't know as to what studies were d
4) made of the' vendors' o f fers . I'm sure different people 5, evaluated vendors' of fers on same type of basis, but I 6 was not a part of it.
          ;'                         O          What part 'of the organization would have 3f done that?

d i 9 A It could have been done in several places. 10 Q For e:: ample?' l 11 l A Certain vendor analysis and comparisons ware 12 f' made in our power plant engineering section of general 13 engineering. There was some done directly by McGregor

  )   11              Smith on the back of an envelope.                                 There may have been some i

15 i done by -- probably some was done by Harry Street. But I

16 I he would have been working through power plant engineering.

j 17 i. O Do you recall discussing any of those 18 . studies with any of the individuals that you named? I l 19 i A I don't recall discussing any of those

I 20 il studies which evaluated any vendors' proposals or bids.

21 Q Would vendors submit proposals for alternate li 22 h sizes on occasion, or would it simply be one size?

             'i i-23i                            A         They would submit proposals for the sizes 24 -,           for which Flcrida Power & Light had indicated that they I

25 3 had an interest in. Sometimes they submitted a proposal j New voax NATIONAL REPORTING SERVICE l c ou "- MARTY LESH

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              .i 181 1             "or maybe a little larger.
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2h Q Who was the individual who would ask them Og-8 3 h to submit proposals? 4 A Well, probably the purchasing department. d 5, O Who would have gotten the proposals to

                                                           .                                                                  i 6] evaluate?                      Would the company send it to the purchasing l

7' department, send the proposals to the purchasing 3' department? 9 A At one point in time, I guess it was all to done directly with Mr. Smith. 11 ! O At what point would it be sent, if any, 12 would it be sent -- 13 A I don't know. I don't remember. ,

    -D   14 :

Were you involved at all in the selection O i 15 of the Turkey Point nuclear units, referring to nuaber two h 16l and three? 17 A Selecting them?

              ?

18 j Q The sizing of them.

 .            i 19 i                           A        No.          They were offered as a size that 1

20 Westinghouse was trying to sell. There was no determinaticin I  : 21 l made as to whether it should be that size or smaller or i 22 [ another size. They were of fering a comparable size also. l 23 !! Q Did Westinghouse offer only one size when i ' 24 you had the Turkey Point units before you? h 25 A I did not see the proposals. O -

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MARTY LESHAW M'AMI

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303 I UNITED STATES DISTRICT COURT FOR t( e THE SOUTHERN DISTRICT OF FLORIDA 2 ;f I 3 3 GAINESVILLE RECIONAL UTILITIES, e tc . ,'  : 4 Plaintiffs,  : 5 vs.  : 79-5101 CIV-JLK l

6. FLORIDA POWER & LIGHT COMPANY, s .
            ;{                                   Defendant.                             :

I S' ~~~~~~~~~~~~~~~~~~~~~~~~~~--------------: i 9f , 10 i 11 ' 12 i i 13l DEPOSITION OF ERNEST L. BIVANS, taken 3 14 pursuant to Notice,. held at the Offices of Florida Power 15 & Light Company, 9650 West Flagler Street, Miami, Florida, t l 16 l on August 27, 1981, commencing at 9:25 o' clock a.m.,  : I .

17 . before MARTIN B. LESHAW, Official Court Reporter and 18 Notary Public for the State.of Florida.

i 19 20 i 21 ----------- 22 !- i 23l 24l l 25 } s

            *d scw vons                NATIONAL REPORTING SERVICE
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                 ]                                                                                   363 1                            A         He was involved in the Florida Power & Light 1

2 ' planning process when he was working for Florida Power & 3j Light. When he was. working for Mr. Page, he was not. 4; Q When you say he was working for Mr. Page,

                 ?

5 he was not -- i s that the same as Mr. Buchanan was not, or 6; the same as the people in his section were not?

       ;                            'A        I think I said Mr. Buchanan was not.

Sl Q Do you know what he was doing when he 9 i worked for Mr. Page? 10 A Whatever Mr. Page directed him to do. j 11 i Q How do you know he was not involved in the i 12 ) planning process, then? i 13 A He was not involved in the planning process es i , 14 which I had jurisdiction of. 15 Q Did Mr. Page have any jurisdiction over the 16 - planning process? 1; i A Jurisdiction?

i 18 i O Using that term, did Mr.Page have any 19 ; jurisdiction in any aspects of the planning process?

20 A During this time period that Mr. Smith 21 [ controlled the final results of our planning, made the t i 22 l final determination, we were in the process of getting l 23 involved in engineering, planning section, it involved Mr. 24 l Keck, i K-e-c-k, who was. involved in the planning department, 25 it involved Mr. Coombs in charge of the rate department,

      ~ ;I mtw von          .-       NATIONAL REPORTING SERVICE secoun st.

MARTY LESHAW MIAMI

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I t I i 17 Deposition Testimony of Ernest L. Bivans, taken in Lake' Worth  ! Utilities Authority, et al. v. FPL, supra, 8/25/81, Tr. 85-99, [ l 112-113. r i l l l l l [ i [ I ! I I s

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                                                          ~                              FOR Ti1E SOUT1!ERN DISTRICT OF FLORIDA.
                 ',               n F-                            ,)
                   '              l 3fGAINESVILLE REGIONAL UTILITIES, etc.,                                                   "

l 4: . Plaintiffs, i 5[ - vs.  : 79-5101 CIV-JLK 6 g

                                   >: FLORIDA POWER & LIGI'.T COMPANY, 1            y                  7l         -

g l M Defendant..

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                                                                           DEPOSITION OF ERNEST L. BIVANS, taken l                             14 j
                                      -       pursuant to Notice, held at the Offices of Florida 15 i i

Power and Light Company, 9650 W. Flagler Street, 1 16 ;i i  ; l  ! Miami, Florida, on August 25, 1981, commencing at or 17 l , l about 10:05 o' clock, a.m., before MARTIN B. LESHAW, 18 I Official Court Reporter and Notary PUblic for the 1 19 1  : i I State of Florida. 20 ' 21 l- 22 i ------... a 23 ' 24l I.!

                              '53
                              ~

Q.  ; acw vows NATIONAL REPORTING SERVICE

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                                         .                                                           IWARTY LESHAW                              mtAMI
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I, 9 d 85

1) 9 Q When you say "our," do you mean members of 2 the Florida Operating Committee or Florida Poweh & Light?

O L' 3 A I'm talking about the members of the 4 I Florida Operating Committee, for the State of Florida. i I 5! Q Why should that have been kept confidential? 6> A I don't know why. i 7' MR. GUTTMAN: I will offer this as Bivans l 8 Exhibit 8 for Identification. I 9 (Thereupon, the document referred to , 10 i was marked as Bivans Exhibit No. 5 l 11 I 8 for Identification.) I 12 MR. GUTTMAN: Bivans Exhibit 8 for'Identifica-i 13l tion is three pages which appear to be the 45th meeting b .' i 14 - of the Florida Operating Committee, dated May 15, 1969, 15 and they b' ear the notation, "M45-69," in the upper right-16li hand corner, May 19, 1969.

                                .I

( 17f Q Can you tell whether you were at the 45th l 18 meeting, as a result of looking at this document? l l 19 : A According to the minutes, I was not there. t i 20 Q Other than as indicated in the minutes, is 21 l1 there any reason why you have reason to be'ieve l that you P 22 were at the meeting? l 23 l: A No. I 24 11 Q Is that your. handwriting in the right-hand I 25 corner of the first page? l *

                              !j l                              k        Ncw von                       NATIONAL REPORTING SERVICE
                                '     'e cover se l                              ;

MARTY LESHAW MIAMI C F FICI A L court R E PO R TE st ** " O# II" CamCua? Coum? CF THE s t ese JuOiCIAL CincutT. D AD E _Cou MTV. F L A.

I c 86 s th A It's not my handwriting, and I can't rocd h 2)it. . . 3f Q Do you recall whether you received the i 4j minutes of this meeting? 5 ', A No. 6 Q No, you don't recall,'or no, you did not

         ;;            receive them?

8l A I don't recall whether I saw them or not. 9j Q Could you look at item 6 on the second page. 10 ; A Yes. 11 ! Q There is a reference to loss of Port 12 ! Everglades plant report, and do you know of such a report? 13l A Yes.

 \~'

14 , Q Was.it prepared by you in any way? i 15l A No. - i 16 ! O Are you familiar with the report? 17 ; A Well, not as well now as I was then. E IS , Q The item indicates that the report bears a 19 notation that it's confidential. Do you know whether, in i 20 l: fact, the report was distributed on a confidential basis? i' 21 , A I think the record speaks there for itself. i 22 h Since I was not at that meeting, I don't know on what 23 {lbasis i the report was distributed. 24 Q Item 7 therein refers to a statement t - 25 conccrning regional organization. Do you recall any 0 $ acw voac NATIONAL REPORTING SERVICE

                   ;I    is count sr.

MARTY LESHAW MIA48

                         *     '*' '                                                                                  ** "' #L"   *I OFFIClaL COURT AEPORTER I

creCUIT CosRT OF mt

  • t tes JUDIClab Ct a C UIT. OaCE C O U N TY. FL a.

I _. __ _ _ . . ..~ ,_.. -. - - ~ - ---

7 l 87 1

                                                                         ~

1 proposal by Florida Power Corporation of a statement ( 2 concerning regional organization? I

                  )

3 A I'm not familiar with it.

                                ~
    "'#                                                        Do you recall whether any Florida Operating 4                          Q z.sl *: -

5 Committee members expressed concern about the exclusion of 6 any smaller concerns -- 7, MR. BOUKNIGHT: I object to.the characteriza - 8 ~ tion. There is no basis for your statement that there was

5. .

9 an exclusion. 10 MR. GUTTMAN: I'm not asking that.

              *'          11                                    I'm asking if you recall whether anybody Q

12 expressed concern about exclusion. 13 ' A As far as I was concerned, there was no 7 ' b;4-14 record or discussion about anybody being excluded. 15 Q If there was a discussion, would you have q 16 known about it? l 17 A Not necessarily. 18 Q. Why is that? 19 A It depends on whether or not I was at the l 20 meeting or not. 21 Q Would all discussions have taken place at l 22 meetings, as opposed to outside the meetings, or -- was 1 23 there any time when people spoke about things from time to 24 time outside of the meeting? 25 3 I'm sura there were times when members of scw yonic NATIONAL REPORTING SERVICE i is count sr. M.*.RTY LESKtW MIAM8 pa00ELT4. m T. ## ' O F FICI AL COURT REPORTER CSRCutf COURT OF THE t t tes JU DICI AL CIR C ult. DADE C O U N TY. FLA.

                                                                                                                           ?

88 ! I tho Florida OpOrcting Committeo m3t ct m3Gtinga othor thcn 2 at committee meetings, b V 3 Q Do you recall Mr. IIorace liebb? l A 4 Yes.

       . c, ,

5 Q Was he involved with the Florida Operating

          ,                                              6                            Committee during the 1960's?

7 , A Yes. al' g Q What was his involvement, the nature of his 3.;. .

      # 't, 9                            involvement?                        That is, what was the nature of his involve-10                                ment as you recall it?
         -                                                                                                        A 11                                                                       Well, it depends on what point in time you
         - #' "                                                                       are referring to.

12 p 13 Q The late 1960's. [ 14 A In the late 1960's he was the vice president

        (<

t' 15 of Florida Power Corporation. His responsibilities were

              ,                                     16                                 engineering and system planning.

d 17 Q Do you recall Mr. Hebb ever expressing any b,- 18 concerns about the exclusion' of the smaller electric 19 systems from the Florida Operating Committee? 20 MR. BOUlNIGIIT: I have the same objection. 21 The phraseology of that question assumes there has been 22 some exclusion. 23 MR. GUTTMAN: Not necessarily. 24 Q Could you answer the question, please. 25 A I have had no conversation, or been present Ntw von NATIONAL REPORTING SERVICE

                                                                                                       '* cowar S'-
                                                                                                   "'**"""                                    MARTY LESHAW                                                                                M8AMI OrriCiAL COu=T narO= tan                                                                         ""~""

CIRCUIT COURT OF THE ISTw JU DICI A L Cam Cuff. D ADE C O U N TY. FLA.

89 11 l in any .:=.rer sa ticin , -2.ich has expressed any such concerne. 1

                                                                                                    ~

Wha.t abcut letters, memos, written 2

       'V 3         commur - " .icas .

4 , A I con't know. C If there had been any written communications , 5 6 would yoa have been aware of them? 7 A Not unless they were written to me or sent

      '; t                                8       copies to me.

9 Q If copies were sent to Mr. Page or Mr. 10 Street or Mr, Fite, would you have routinely have gotten

     .[ .       ,                         11       them; do you know?

el ~ 12 A 6 Not necessarily.

s. . .
        "-                                 13                                                          O        During the late 1960's do you recall Mr.

Vd 14 Hebb ever expressing concerns about the adequacy of the 15 coordination activities of the Florida Operating Committee? 16 A Concern about the adequacies?

           ~:

17 Q About whether the Florida Operating Committe e 18 was doing enough to maximize economies and to jointly -- 19 A I don't recall any. 20 0 Do you recall Mr. Hebb or any Florida Power 21 Corporation person ever expressing any concern about 22 FlJrida Power & Light's lack of willingness to increase the 23 amount of coordination among members of the Florida 24 Operating Committee? 25 MR. BOUKNIG11T: Objection. Unless you

                                                   .       tw vons                                                                      NATIONAL REPCF'. TING SERVICE is couer sr.                                                                              MARTY LESHAW                                                                       *M 9 000ELT M- N T-                                                                     C F FICI AL COURT REPORTER                                                                   '*
                                                        '818' I' k #I                                      CamCut? COURT OF THE t t voo JUDICIAL CIRCult. D ADE C OU N TY. F L A.
     .-                                                                                                                           90 1  rophraso that question to tako out the implication that, t                         3 2  as a matter of fact, there was such a lack?of, willingness on the
  • part of Florida Power & Light, then I will advise
  • O 4 him not to answer.
 .?) '
         ,..                5                          MR. GUTTMAN:               Are you directing him not to
t. 6 answer? .

7 MR. BOUKNIGHT: Unless you rephrase the T '8 question, yes. w '

         .                  9                          MR. GUTTMAN:               Certify it.                                                 -

! 10 I think it's evident that a statement may 11 have or may have not been made is different than whether 12 or not the statement was phrased. , :N

13 MR. B O U K N I G II T : You can ask that question
 @T                    :14     properly.        You did not do so.
   'i{                   15                            MR. GUTTMAN:               I thought I did.                  I'll                  ._

I ' . ' ' , ' ". 16 rephrase it. l .n a

2. 17 Did Mr. Hebb, to your knowledge, ever state Q

18 that, to his belief, Florida Power & Light was, not willing r 19 to undertake the ' degree of coordination, joint generation l . s

         ..              20    activities, joint planning, that Mr. Hebb felt would be 21 l beneficial?

22 A I do not remember. 23 Q When you say you don't remember, during the

    #'                  24 course of preparing for your affidavit, did you try to 25     review communications among,the members of the Florida acw vonx                  NATIONAL REPORTING SERVICE 14 Couet St.

MARTY LESHAW MIAMI O F FICI AL COURT REPORTER '

  • CIRCut? COURT or THE I t tes JUDICIAL CIRCUIT. D AD E COUNTY. , L A.

91 1 1

                        .1   Operating' Committee during the 1960's?                                                                        '

2 A No. 3 MR. GUTTMAN: I would like to offer as 4 Bivans Exhibit 9 for Identification a three page document

    ,                    5   dated February 12, 1969, on Florida Power Corporation 6   inter-office correspondence letterhead, from M. F. Hebb,
   , , -'                7  Jr.,.to A.         P. Perez, regarding lack of coordination 8  between utilities in Florida.
   ,c;        '

9 (Thereupon, the document referred

        ~'

l 10 to was marked as Bivans Exhibit 11 No. 9 for Identification.)

      'I,        '

12 0 Do you recall ever having seen this before?

   .S?.

13 A 7 To my knowledge, no.

 %45
          ,        '. 14                     Q       Do you now recall whether Florida Power
   '.                 15    Corporation or Mr. Hebb ever told Florida Power & Light 16 that it was concerned about the exclusion ~ of --

17 A This is a^ document of Florida Power 18 Corporation, apparently directed to A. P. Perez by Morris

 .:                   19    Hebb.         No copy is indicated to anybody else, either in or 20    out of Florida Power Corporation.

21 Q Is the handwriting familiar to you? 22 A That's not my handwriting. 23 Q I take it you are not familiar with it. 24 otherwise? 25 A I have no idea. atw voac NATIONAL REPORTING SERVICE is count sr. MARTY LESHAW MIAM8 OFFICIAL C.JURT REPORTER CIRCU47 COURT OF THE f l ?*e JU DICIAL CIR C ult. DADE COUNTY. F L A.

92 1 Q Would Florida Power & Light likely have 2 gotten a copy of this memo at the time? O 3 MR. BOUKNIGHT: Objection. There is no

          .'                     4~  basis of that.
  . .a ++

5 You. don't have to speculate. You can 7, 6 testify as to what you know, Mr. Bivans. N 7 A I have never seen this document before.

   ?-                            8                    Q        If Florida Power & Light had gotten it,-
    .3 ;*.. .           '

9 would you have seen it? 10

g. ~

A I said I have never seen it before. 11 Q I guess the gist of my question is, in the p. 12 affidavit to NRC, you were closely involved with the 13 activities of the Florida Operating Committee. My question

)

14 is, if such a document like this came to Florida Power & 15 Light, would you have seen it?

                        i 16
     ,A.

A If it was sent to me, I would have seen it. a.

      '           ' 3 17
 ,]'                                                 Q        If they sent it to Mr. Page or Mr. Fite --

18 A Very probably I would not.have seen it. 19 Q Why do you say it's probable that you would 20

      ,. s                          not have seen it?

21 A Because Mr. Page specifically got a lot of 22 correspondence which I was not copied. 23 Q What about Mr. Fite?

    ;v~

24 A The same. 25 Q What about if it-had gone to Mr. Street? NEW Yoax is cover st-NATIONAL REPORTING SERVICE MARTY LESHAW WM O F FICI AL COURT REPORTER 44 w, FLaGLta Sr. CIRCUIT COURT or THE tava JU DICI A L CIR Cutt. DADE C OU NTY. FLA. l

  • h,

.p. l 93 1 A 1.5 it had gone to Mr. Street, I would have . 2 probably have seen it.

  \)

3 Q Do you recall Mr. Simonds, S-i-m-o-n-d-s, 4 in connection with the Florida Operating Committee during 5 the 1960's? 9 6 A Yes. 7 Q Could you tell me what his relation to the s 8 Florida Operating Committee was during the 1960's? w .;-

                  ,'                                          9                                            A         He. worked for the Florida Power Corporatior..

10 g Did he work on the Florida Operating v e. , - 11 Committee, for Florida Power Corporation? 12 A It's possible.

                             *y                        s. .

13 0 You can look, if you are looking for some vf

           ,,                                               14    paper.

15 A No.

                       ".                                   16 p                                              -

Q Do you recall right now? II 7 A No. 18

l. <

Q Was he in power supply or system planning s 19 or what, if you recall? l 20 A I believe he was the chief load dispatcher 21 or system operator for Florida Power Corporation. 22

      ,                                                                                                             MR. GUTTMAN:                                                                              I will offer this as Bivans 23 Exhibit 10 for Identification.

24 25 NEW YORic NATIONAL REPORTING SERVICE is cover sr. MARTY LESHAW MIA* OFF8CI AL COURT REPORTER "' *

  • CIR C UIT COURT OF THE t i tes JUDICI AL CIRCUff. DADE COUNTY. FLA,
                                                                                                                             -    s.
                                                                                                        ,                           94 1                             (Thereupon, the document referred 2                               to was marked as Bivans Exhibit O,V                                         '

3 No. 10 for Identification.)

 ' e. ,, -

4 MR. GUTTMAN: I would like to identify, for W.y . .. 5 the record, Bivans Exhibit 10 for Identification, a series 5 6 of documents which I represent were received in the Vero 7 Beach discovery, number 213152 through 213169, and they

   @b'                         8  consist of a cover page with handwriting and the typed
   *c .,-
         ,',                   9  notation,       "W. B. Simonds, Florida Power Corporation,
       't 10  November 7,         1968, see 1-6-69 BHF memo," and a one-page
   ,M.X
         .                    11  memo signed by BHF, evidently to Mr. Fullerton, and
  ' ' ",rv
       ,                 12     perhaps to Mr. Fite, but that is not quite clear, because 3.
                           '13    of.the Xeroxing; a two-page letter with an apparent three-
         ?)        .          14  page attachment dated November 7,                               1968, from the Florida
  .p, , p. , . -

Y. 15 Power Corporation to the members of the. Florida Operating n..

     . I' w ,:. .
                            ~16   Committee; excarpt.s , or actually a complete seven-page' l

Yh i - i 17 copy of the Federal Power Commission, No. 550-A, and a

   . .f .
  • 18 copy of the three-page memo which has been just discussed g.ff:./.

NS 19 as Bivans Exhibit 9 for Identification. 20 I would like to ask Mr. Bivans if he recalls 21 seeing these, after he has had a chance to see it. First, 22 refer to the first two pages. 23 THE WITNESS: I'm having difficulty trying 24 to read it. 25 Q Are you familiar with the handwriting at all ? new voax NATIONAL REPORTING SERVICE se cover u. MARTY LESHAW MIAMI OF FICI A L COURT REPORTER * "' CIR C ulf COURT OF THE t i tmo JU DICI AL CIR CUlf. DADE C O U N TY. FLA.

95 / 1 A No. Who 10 the first page purported to ba 2 'from? I

 %;                                                                                                                                                 i
                                             ~

3 Q That I could surmise, but I would not suggest j 4 that I know for a fact. That's why I'm asking you if you

   '.                       1 5      recall it.

6 I see initials at the bottom which appear

 .. H 7       to be, perhaps, an " 11, " but I'm not sure.

k '- 8 Do you recall seeing the first two pages 9 previously?

   '}   ,

10 A No.

  "/                  11                          Q        Do yoO recall seeing the November 7,                                  1968,
          'i ' '
  • 12 letter to the members of the Florida Operating Committee 13 from Mr. Simonds?

kJ 14 A No. 15 Q Would you,look at page 213153. That is the 16 second page of the whole package. T 17 A You are referring to the attachment? 18 FIR . BOUKNIGIIT: I think he's' trying to refer r 19 to this page. l 20 A What's the question? l 21 First, I see a "PO" in the upper left-hand

               .                                  Q 22       corner.-          Have you ever seen that before and do you know 23       what that marking means, "PO"?

24 'A No. 25 0 Do you know who "BHF" may have been? NEW YORK NATIONAL REPORTING SERVICE is count sr. MARTY LESHAW MIAMI orriciAL Cou=T ncrontra " " ' ' ' * " " ' f CIRCUIT COURT OF THg tetw JUDICI AL CimCUif. D AD E C O U PITY. rLA. l

                                                                                                                                               -. 1 96                    l l

1 A Well, there was a B. 11 . Fuqua from the J l (,.

      /          '
                     . 2      company at that time.

3 Q Are you familiar with the handwriting of 4 what appears to be some kind of signature under the "BlIF," as discussed with Mr. Page? Do you know whose handwriting 5 6 that could have been? 7 A No. 8 Q Look at the middle paragraph of that memo. M' -'i :

  • 9 Do you know whether, in late 1968 or early 1969, Florida 10 Operating Committee took up the question of admission of membership of REA coops and some of the smaller municipalit ic' i'

11 12 A When? j l 13 Q Assumiing that this package is all related, e.d 14 it indicates that there was a suggestion that that be taken 15 up in early 1969, at the next meeting of the Florida 16 Operating Committee. l 1 Y 17 A You are talking about this memoranda

         ; fj,.

18 addressed to somebody-- l ..C BIIF says " attached is a memorandum," 1

        " 'p'             19                          Q       Yes.

20 which " refers to the Gainesville matter, and suggests that 21 the Florida Operating Committee take up ... the admission 22 of membership" to others. Do you know whether they took up that 23 24 subject in 19697 25 A Well, I'm assuming that the memorandum that

  ,   g h

New von NATIONAL REPORTING SERVICE MIAM:

                                    ** covat st-                                MARTY LESHAW                                              " "'

secostem. a v. orrecias COUnf acco=Tr= *eleta

                                                                                                                                  * ".7198 373 eitti 70 S.1448      CIRCUIT COURT oF THE tttw JUDICIAL CIRCugf. DaOS C O U N TY. P L A.

97 1 he refers to is the one letter written by Simonds dated

    ,Q                                                            2      November 7,          1968.        Now, the question is what, now?

3 Q Whether or not, putting that assumption

   'N'                                                             4     aside, do you know independently from the documents, do you 5     know whether or not,in or about late 1968 or early 1969, 6     the Florida Operating Committee took up the question of
       \.~

7 admission of membership of REA coops and small 8 municipal?. systems?

   ,p p.-
   }}                                                              9                      A        Took it up where?

10 Q In the Florida Operating Committee meeting.

     ,4..'
          ~                                                                                      I don't remember any such discussion.

11 A k 12 Q Ua you know whether Mr. Page discussed with

     '}$&.-
                 "                                                13      any other Florida Power & Light officials the subject of
         , -)                                                     14     -increasing the membership of the Florida Operating Committee,
       ' . ' . , ' . ~15
               <                                                          in or about late 1968 or early 19697 16                       A        If you will excuse me --
      'd,             , .

17 Q Sure. Take your time. 18 A You also have this same exhibit, that Perez

       ~.'                                                         19     attached to this document here.

20 0 That's right. 21 A Is that part of this document? 22 Q All I can tell you is, we received this from 21 Florida.. Power & Light, which is indicated by the n,nraers 24 at the top of the page. 25 MR. B O U K N I G 11 T : You are just saying that you NEW YORK NATIONAL REPORTING SERVICE is cover sr. MARTY LESHAW MIAMI . OFFICIAL COURT REPORTER CIRCUIT court OF THE t t vee JU OICI AL CIRCutT. D ADE COUNTY. FLA.

                                                                       ~                                                                                  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -

98 1 recoived it. You are not saying that you received it ac

 -                   2     part of this.

(f,T v

  • MR. GUTTMAN: I'm saying that I received it 3
       'T            4     as part of the sequence.

l 5 A This can't be. This is dated, the memo,

   .                  6    February 12, 1969.                        The assignment is dated November 1968.
   '*<                7      I don't know what the date is on the BHF memo.                                                                                  This
          /        '

8 handwritten note is dated 1-6-69,

s. .

9 So all of these precede the head memorandum. So as far as dates are concerned, I don't see how they can

i.

10 11 be part of the same document.

     '"              12                                      Assuming that, as indicated, that BHF memo Q
    ,j '      -

13 is 1-6-69, do you know at rg around January 1969 if there..was

       .J 14 l an executive-level discussion of the type BHF apparently 15            suggested to Mr. Page concerning the admission.of REA
      "',*            16           cooperatives and small municipal systems to the Florida
       ',             II           Operating Committee?

I~ 18 A Not that I can remember. 19 Q Could you look at the 213156 attachment, 20 the paper marked " attachment." The next page, the suggestion 21 for restructuring the Florida Operating Committee. Do you 22 recall seeing this previously?

         ?,

23 A No. 24 Q Do you know whether any suggestions were 25 made for restructuring the Florida Operating Committee by Ntw vons NATIONAL REPORTING SERVICE

                                       ** cover sv.                            MARTY LESHAW                                                                        MtAMI
                                      **"'""'*                          orriC AL Count neronYsm
                                                                                                                                                               ""*"t"5'-

ComCut? COUNT Or THE estu JU DICI AL CIn C UIT. DADE CO U NTY. rLA.

99 1 Florida Power & Light in 1969,or early 1969 or late 1968? 2 A Repeat that. 3

                                          ~

Q Do you know whether, in late 1968 or early 1 4 1969, Florida Power' & Light made any suggestions for ,

      'Y-5    restructuring the Florida Operating Committee?

6 A I don't know of any. Look at the next to e 1 l l j- 7 the last paragraph of this last page.

     '5"'                 8                    0       Other than that, you don't recall, though?                                      ,

J

       . n-MR. B O U K N I G II T :       Again, I would note that the                     1

{ 9 I 10 final th:re pages of this exhibit, as pointed out to you, don't appear to have any relationship to the first pages

  -f,' 1,'4 i [
               ^

11 12 of the exhibit, and again I would suggest that you have the M ;' 13 responsibility to let us know when you put these pages W ,14 together.

     . . U ', .                                                                                    This is exactly what 15                            MR. GUTTMAN:                I have.

( '..

     '*                  IG    we're talking about.                 This came, as presented to Mr. Bivans                            ,

1 i' :C l n. . - 1 ' ' ' ,. 17 in the company's presentation to us. l 18 MR. BOUKNIGin : You seem to have.a very

         *p l       ?i.-

l- , 19 basic misunderstanding. Are you suggesting to me that 20 these documents cane from the company stapled together? 21 MR. GUTTMAN: Bound -- I'm not sure whether 22 they were bound or stapled in a box. Note the discovery t l t 23 numbers. 24 MR. BOUKNIG11T : It doesn't matter about the 25 discovery numbers. It doesn't matter as to a hill of beans now vons NATIONAL REPORTING SERVICE MIAMI

                                  *e count sr.                               MARTY LESHAW
                                                                                                                      * "'       I
  • OFFICIAL COURT REPORTER CsRCut? court OF THE t i ves JUO4CIAL CIRCutf. DADE C O U NTY. FLA.

i l 112 l 1 A No.

  .                    2                                           Q        Do you know of any reason why you would not 3                     have been a member?

4 A Well, there was a time that EEI was promoting 5 electric space heating and Florida Power & Light was 6 promoting oil heating, and we were very much against 7 promoting space heating. 8 That was the reason that I knew of, the only

 .-                    9                    reason, at the time, that we did not belong to EEI.

A 10 MR. GUTTMAN: Let's take a short recess. e

    $5 11                                                      (A brief recess was taken.)

12 MR. GUTTMAN: I will Offer this as Bivans t- . 13 Exhibit 11 for Identification.

                        ~
    .d              14                                                      (Thereupon, the document referred 15                                                        to was marked as Bivans Exhibit
      'I' "         16                                                       No. 11 for Identification.)

l , 17 MR. GUTTMAN: This is two pages entitled, l 18 " Statement Concerning Regional Organization," and appears l

    .               19                      to be a partially' chopped-off statement at the top, draft, 20                       Vero Beach discovery number 203882 and 203883.                                                 I don't 21                       know whether there was a final version or not.                                                 That's part 22                       of the question here.
                  '23                                             Q        The initial question is, after you have had 24                       a chlace to look at it, tell me if you recall having seen l

l 25 this document previously. NEW YORx NATIONAL REPORTING SERVICE is cover sr. MARTY LESHAW MIAMI OFFICIAL COURT REPORTER CIR C"t? COURT OF THE t i t e. JUOtCIAL C RCUIT. D ADE CO U N TY. F L A.

113 l 1 Do you recall whethor you havo noen theco 2 two pages before? A I don't recall it per se. I may have. 3 Do you know whether this draft, or a similar 4 Q 5 draft, was ever discussed at a Florida Operating Committee 6 meeting; was there ever any discussion about the regional 7 organization? 8 A I don't remember. I'm not sure what the 7, 9 statement " regional organization" means. 10 0 Looking at Bivans Exhibit 8 for Identification "n 11 page two, item 7, which also refers to a statement l n'"' ' 12 concerning regional organization, do 'you recall any 0:- discussions of the statement " regional organization" in the 13 J Florida Operating Committee? 14

 ' v's, 15 A      No. You asked me that question before.                                                        I 16     was not at that meeting.                                           I still don't know.

17 M R'. GUTTMAN: I will offer this as Divans 18 Exhibit 12 for Identification.

       -         19 (Thereupon, the document referred 20                                                     to was marked as Bivans Exhibit 21                                                     No. 12 for Identification.)

MR. GUTTMAN: I would like to identify 22 23 Divans Exhibit 12 for Identification, a one-page letter 24 from Louis !! . Winnard, Jacksonville Electric Authority, to 25 Mr. 11arry Luf f , Assistant Director, Orlando Utilities NEW YORK NATIONAL REPORTING SERVICE MIAMI is couer st. MARTY LESHAW

  • OFFICI AL COURT REPORTER CIRCUtf COURT OF Tl4E titw JUOfCIAL CtRCUf f. D AD E C O U NTY, FLA.

h i o 18 Page 1 of Exhibit (EJT-2), submitted with Florida Power & Light Co. 's July 1981 wholesale rate filing, FERC Docket No. ER81-588-00. O

l w. . ELB EXHIBIT NO. 17 DOCUMENT 18 EXHIBIT _ (EJT- 2 )

   -                                                                                           Statement BC Period I
                !                                                                              Page 1 of 9 FLORIDA POWER & LIGHT COMPANY AND SUBSIDIARIES f

I J

   ,           1 Generation Reliability 2       A pubile utility must make every effort to provide sufficient capacity to meet the}}