ML20062M655

Transmittal of Documentation as Agreed Upon at 811201 Prehearing Conference.Applicants Are to Stipulate to Authenticity of Documents.Certificate of Svc Encl

ML20062M655
Person / Time
Site:	Comanche Peak
Issue date:	12/14/1981
From:	Ellis J Citizens Association for Sound Energy
To:
Shared Package
ML20062M652	List: ML20062M649 ML20062M655 ML20062M662
References
NUDOCS 8112170386
Download: ML20062M655 (5)

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12/14/81 UNITED' STATES OF AMERICA

, NUCLEAR REGULATORY COMMISSION '81 DEC 15 P4:13-BEFORE THE A 9MIC SAFETY AND LICENSING BOARD 64d>

In the Matter'of y

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APPLICATION OF TEXAS UTILITIES Docket Nos.50-44S GENERATING COMPANY, ET AL. FOR I and 50-446' AN OPERATING LICENSE FOR I I

COMANCHE PEAK STEAM ELECTRIC STATION UNITS #1 AND #2 (CPSES) g TRANSMITTAL 0F DOCUMENTATION AS AGREED UPON AT 12/1/81 PREHEARING CONFERENCE At the December 1,1951 prehearing' conference during the discussioq of CASE's Contention 25 (Financial Qualifications) and CASE's 11/18/81 Request to Applicants for Admissions and Motion to 411ow Testimony to Be Admitted on Affidavit Only,

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it was agreed among the Board, Applicants and CASE that if CASE would submit certain documents with a sworn affidavit of authenti-city by the keeper of the records at the Texas Public Utility Commission, Applicants would stipulate that such documents were true and correct copies without requiring further do'cumentation.

(It was understood that by such stipulation, Applicants were not necessarily agreeing to the content of the documents, but only to their authenticity.)

At the 12/1/81 prehearing conference, Applicants agreed to stipulate, based on the documentation previously submitted by CASE, that the following doc'.ments were true and_ correct copies:

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1.- The 6/22/79 Supplemental Response of Applicant (DP&L) to Requests for Infonnation Submitted by Parties, DP&L Response to CASE First Request for Infonnation Question No.18 (Additional Re-sponse), PUC Docket No. 2572 (regarding decommissioning). (CASE Attachment B to our 11/18/81 Answer to NRC Staff's Motion for Sumary Disposition of Contention 25.) .

2. The 5/80 Direct Testimony, Exhibits and Affidavit of David E.

Kelch, Vice President and Treasurer of Texas Electric Service Company, PUC Docket No. 3250.- (CASE Attachment C to our 11/18/81 Answer to Staff's Moi; ion.)

3. The 12/8/80 Cross-Examination Testimony of Max H. Tanner, Jr.,

- in the DP&L Rate Hearings, PUC Docket No. 3460, Transcript Pages 34 through 44, 68 through 72, and 129 through 132. (CASE Attachment F to our 11/18/81 Answer to Staff's Motion.)

4. The 3/81 Direct Testimony, Exhibits and Affidavit of Gary L.

Price Treasurer and Assistant Secretary of Texas Power and Light Co. , in the TP&L rate hearings, Docket No. 3780. (CASEAttach-ment G to our 11/18/81 Answer to Staff's Motion.)

5. The 11/25/80 Transcript of Cross-Examination Testimony of Joe D. Karney, Treasurer and Assistant Secretary of Dallas Power and Light Co., in 'DP&L rate hearings before the City of Dallas, Transcript Pages 256,284-290,292-293,306-310,324-330. (CASE Attachment D te our 11/18/81 Answer to Staff's Motion.)

The above items were listed as items 1 through 5, respectively, in our 11/18/81 Motion to Allow Testimony to Be Admitted on Affidavit Only.

Pursuant to our agreement at the 12/1/81 prehearing con-ference, we submit herewith the following documents to which are attached sworn affidavits of authenticity by the keeper of the record's at the Texas Public Utility Commission, with the under-standing that Applicants now stipulote to the authenticity of such documents:

6. The 9/80 Direct Testimony .of Max H. Tanner, Jr., Vice President of Dallas Power and Light Company, in DP&L rate hearings, Docket 3460, pages 1, 2 and affidavit only (for the limited purpose of showing qualifications and subject of testimony) ' and

The 9/80 Direct Testimony of Joe D. Karney, Treasurer and Assistant Secretary of Dallas Power and Light Company, in DP&L rate hearings, Docket 3460, including exhibits and affidavit. (CASEAttachment E to our 11/18/81 Answer to NRC Staff's Motion for ',anary Dis-

-position of Contention 25.)

7. The 11/24/80 Cross-Examination Testimony of Max H. Tanner, Jr.,

Vice-President of Dallas Power and Light Company, in DP&L Rate Hearings '(Docket 3460), Before the City of Dallas, Transcript pages 85 through 89. (CASE Attachment I to our 11/18/81 Answer to NRC Staff's Motion for Summary Disposition.)

8. The 12/9/80 Cross-Examination Testimony of Charles f.. Olson, 1 consultant for Dallas Power and Light Co. in PVC Decket No.

3460, DP&L rate hearings, Transcript page 307. (CASEAttach-ment'J to our 11/18/81 Answer to Staff's Motion.)

9. . The 7/10/79 Cross-Examination Testimony of Erle A. Nye, formerl',

Vi President of Dallas Power and Light Company, now Executive Viu-President of Texas Utilities Company, in DP&L rate hearings, j PUC Docket No. 2572, Transcript pages 364, 365, 377, 392, 397, 1 398, (CASE Attachment K to our 11/18/81 Answer to Staff's l

l Motion.)

10. The 12/10/80 Cross-Examination Testimony of Charles E._ Olson,

consultant for DP&L in DP&L rate hearings, PUC Docket No. 3460, transcript pages 270 and 271. (CASE Attachment L to our 11/18/81 Answer to Staff's Motion.) ,

11. The 7/7/79 Cross-Examination Testimony of Max H. Tanner, Jr.,

in the DP&L rate hearings, PVC Docket No. 2572, transcript pages 91 through 93,138 and 139. .

11/18/81 Answer to Staff's Motion. )(CASE Attachment M to ou The above items were listed as items 6 through 11, respectively, in our 11/18/81 Motion to Allow Testimony to Be Adnitted on Affidavit Only.

CASE believes that it is important that this information be submitted and accepted for several reasons. First of all, the NRC Staff and the Board now have this information in their possession; it is there for their consideration should they decide that it is important to a decision regarding these Applicants' financial qualifications to operate and decommission Comanche Peak.

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At. this time -it is not known what decision 'the NRC- will make regardi ng "i ts . proposed rul e change on fi nanciai quali ficati ons >,

which was-discussed in detail in the 10/19/81 Joint Motion of Appli-

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cants and CASE to Defer Consideration of Contention 25. Should such decision include recommendotions or requirements that information from rate hearings be considered in determining applicants' firancial qualifications, or should such decisior, include other recommendations-or' requirements on which the attached documents might have bearing, the information will be already in hand and readily available for whatever consideration is merited, thus -expediting Lthe proceedings.

Of possible additional significance and pertinence of unknown magnitude at this-time are the anticipated upcoming rate cases for TESCO, DP&L and TP&L (as predicted by CASE during the recent hearings).

CASE therefore submits the attached documents, with the l understanding that Applicants now stipulate to the authenticity of such document,, and requests that the Board accept them for considera-tion as set forth herein.

Respectfully submitted, t

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c/( M r s . ) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk

' Dallas, Texas 75224 214/946-9446 214/941-1211, work, usually Tuesdays and Fridays only R g

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UNITED STATES OF AMERICA _

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING' BOARD In the Matter of 1 APPLICATION OF TEXAS UTILITIES 1 Docket Nos. 50-44.5 E ~..

GENERATING COMPANY, ET AL, FOR AN 1 OPERATING LICENSE FOR COMANCHE 1 and 50.446)"D"" '"'

PEAK STEAM ELECTRIC STATION K UNE TS #1 AND #2 (CPSES) 1 CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct, copies of Transmittal of Documentation as Agreed Upon at 12/1/81 Prehearing Conference have been sent to the names lis ted below this lhth day of December ,

1981, by First Class mail, except by Express Mail where indicated by *. .--

• Administrative Judge Marshall E. Miller / David J. Preister, Esq.

U. S. Nuclear Regulatory Commission Assistant Attorney General Atomic Safety and Licensing Board Panel Environmental Prot;ection Division ..

Washington. D. C. 20555 P. O. Box 12548, Capitol Station Austin, TX 78711

.- Tr. Kenneth A. McCollaa .

. Dean Division of Engineering, / Marshall Gilmore drehitecture'andTechnology , 1060 W. Pipeline 'Ed.

Oklahoma State University Hurst, TX 76053 Stillwater, Oklahoma ' 74074 - - -

• Dr. Richard Cole, Member' / Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 washington, D. C. 20555 ,

• Nicholas S. Reynolds, Esq. / Atomic Safety and Licensing Dabevoi,se & Liberman Appeal Panel 1200 - 17th St., N. W. U. S. Nuclear. Regulatory Commission Washington, D. C. 20036 Washington, D. C. 20555

• Marjorie Ulman Rothschild, Esq.

• Docketing and Service Section Office of ExecutiYte Legal Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Wcshington, D. C. 20555 Washington, D. C. 20555

~ h'r . DA .' ,

Irs.) Juanita Ellis , President l

pCASE (Citizens Association for l Sound Energy) cat M emer Schmidt, Texas' Utilities, Dellas ,

! / = Without attachments.

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