ML20099G912
| ML20099G912 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/12/1992 |
| From: | Adragna J CAP ROCK ELECTRIC COOPERATIVE, INC., MILLER, BALIS & O'NEIL |
| To: | Gody A Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 9208180017 | |
| Download: ML20099G912 (6) | |
Text
_
~ e-(A w O n res MILLER, balls & O'NEIL o
A PILOFESSKJNAL CORPORADON WILIJAM T. HELLER liet POURTEDITH STELET, RW.
- 'UC A. BIL5KY ffAMET W. SALB SUffE H00 JAME3 F. BYRD ROgeRT A ONEIL WA9CP Of0N, D,C 1h41 DOUOLA5 (L CAA32Y.mm JAh0S R. CHOUKA 5-BRADLEY pg) giog MARK C DARAFU.
- ROYCE L DiCKDiS BU5AN K EN 1Y TELECDPtER pC) Dede KJNATHAN & UEBCMTZ THOMAS C OORAK J0 TOE h0CHAEL ADRAOMA JOHN P. GILEGO MARY A HTIMAN
- PAMELA bl 5115ERSEN
- ADkfTTED IN PLORIDA ONLY
- 'ADMffTED D M 15ETI) ONLY August 12, 1992 VIA TELECOPY Anthony T. Gody, Chief Policy Development and Technical Support Branch Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:
Texas Utilities Electric Company, Comanche Peak Steam Electric Station, Unit No.
2, Docket No. 50-446A.
Dear Mr. Gody:
Transmitted herewith is a copy of the August 11, 1992 letter order of the District Judge in Midland, Texas, concerning Cap Rock Electric Cooperative, Inc.'s
(" Cap Rock") suit with respect to the interpretation of the 1990 Power Supply Agreement between l
Cap Rock and Texaa Utilities Electric Company ("TUEC")'.
Cap Rock is currently considering_whether to seek appellate review of the l
order and will inform the Commission once that decision has been made.
I have also included Cap Rock's public statement with l
respect to the order.
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August 12,.1992 Page 2 If you have,any questions, please do not hesitate to call me. -
Very truly yours,
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John Michael Adragna
- Attorney for Cap Rock Electric Cooperative, Inc.
cc:
Mr. Thomas-E. Murley (Via Federal Express)
William.Lamba (Via Feneral-Express)_
Staven E. Collier (Via Federal Express)
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l-L Eavttr revisqued Me 1980- Power Servise Agreement, 1 betteve that the l=
centreet hiterpewerGuam antvemand try - the Defenannt is supported ny a fate remedag of the d======4 and the W law.
MIthout resort tu oret l
tus#mmary, the agroansomt sentmies assential terms os quantity, delfvery, askedule and notdee.
rate sein' and pesebase of fug-teOsanidated in Rs mattesty, time deemment Gr, A for the
- are met by oupswer anseersa.gidtgements instn tate opticas for partial regidrissants an it is esmeedse by tem persses to be
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L I - ttat the agresmoot is.ve5d an.d may be Instnuy saf)srood by alDwe p, arty to it.
Aderneming must the asume et sometsses. I basses the enthesity givna a trk!
Judge absett se utmand meta sentism and restrutat, bat, by the same takaa, jsdges are me es ni thmar thaty to safeguard me integrity d the usal syst== by s
or-" g vesentsame weder in=*===== cast rswess.
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-I tedeve' that llan luthesty of D. CtEier 1845 h
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fesptentness or usere amistake but was on3muktod to and did, at East, maad the
- tried asset.
W WW drastad by. Se Cecrt te ftsmish 3D deempests su a aseeems fee sentrus' to me court.
En -
es ensat dNettre, documenes ware farrimlead muurtned " draft", terum arudag to the toothnany at aar.
l cgimer.
In a adened smeeems the agrenmaat had been la andstance but l
had been ihr the trial af this sess.
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SENT BY: RICH m D C BCLO;3H
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'Thhi censhnet by Caprock dtsobeyed the court ardar and near contury to the digadty d sourt proosedhgs.
I am eservtneed by the artide cited by Ftatuttti (44 Bayler I4w Review 256) tight satharity for annettuna anet be found la Ride 315 ttnetf dad not try fahanat poseer et a trint sesert. Beetten 2ts af that rede provider in rt that *If a party or est ettleur,- direeter, se unmagtag ageurt d a party...
... to etwy an order to provida er permit-dhasevaary... tins Ceant in wedah the nrtion in 1 -
passiting may... aske mush orders la regard to the raftsre as are fiast..."
97 fermiabhig mistendtag esamasats auther ~ dust the actual donnesants silaveted by the criert, time pleihttff fated to ot>st the Court order, ther aussenet truum wtuut I ccmsteer a r-hie rerspective, I betteve it he suk)est te sesectimas. CRyan ties contant ta it happened and the fugeest enn oseduet med en en sese, I mae. the feuawfug ammanans to be hasterted.
In rel1mese as Itrandsma v. E
- 811 WW94 839, I doest it spyruprista to order Onyrmak to provtse for the podenswee of 300 heers d asummonity servios for this tatrustian.
The eesumentty servloe nunst be based en ' a list of suurt-appeweed reedplante asut may be perforuimd in any esunty idthhs See gas for moda aspresh euypass deeMaat power but mest be versted in sendsvit fees fled with ttds Court hy the rootytent af tate comuurafry servtan.
Tu ausw sample thee for appeData review d tids enling, the samannarty asevise sense be c ya witada twe2ve months d the date etw fedgment in una am a ne h flant.
Vwy truly yours,
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800-12-94 Ctu (S 16 bitytN t WLLitR T MA NV. 1 Old 431 0010 r.Uc l,.
l CAP ROCK ELECTRIC l
P.O. Box 10069 e
8140 BURNET ACAD e AUSTIN, TEXAG 78768 1069
- 512 451 4077 August 12, 1992 JUDGE RULES CAP ROCK ELECTRIC CANNOT BUY CHEAPER POWER MICLAND - A Midland District Court judge ruled Tuesday that Cap Rock Electric must continue buying wholesale power from Texas Utilities. Electric Co. under a disputed 1990 agreement.
The result is some 22,000 Cap Rock Electric customers in West Texas will continue paying TU Electric's higher power rates, the company announced.
Cap Rock Electric officials today vowed to continue their fight for cheaper power and would almost certainly appeal the decision.
Cap Rock Electric had sued TU Electric in December, 1991, over the interpretation of a 1990 power supply agreement between the two companies.
Cap Rock contended the agreement allowed it to buy power-from other utilities with the understanding that TU Electric would transmit the power to Cap Rock over its transmission lines.
TU Electric had argued the contract required Cap Rock to buy all of its power from TU Electric for the next several years.
Cap Rock Electric had negotiated a power supply agreement with West Texas Utilities in Abilene at 20 percent less than TU Electric rates prior to the filing date of the lawsuit.
The wholesale savings would have translated to a 10 percent decrease in Cap Rock customer electric bills, or a combined yecrly savings of $3 million.
"We're deeply disappointed in the judge's decision, mainly because it's our customers who will not receive the electric savings that we still believe are rightfully theirs," said David Pruitt, CEO of Stanton-based Cap Rock Electric.
Judge John Hyde also said Cap Rock Electric must provide 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> of community service for what he deemed an infraction of court rules related to a dccument the court had requested.
The judge declined to levy any monetary or other sanctions against Cap Rock Electric that had been requested.
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JUDGE RIEES/ PACE 2 l
The community service sanction was imposed as the result of Cap Rock's delay by several hours in producing a Cap Rock Electric document by which the cooperative had agreed to pay an employee, Steve Collier, a bonus based on realized savings from negotiating alternate power contracts.
Collier is director of power supply and regulatory affairs for Cap hock Electric.
Cap Rock Electric had argued it was not obligated to produce the document at the time defendants requested it.
However, the judge said, "This conduct by Cap Rock disobeyed the court order and was contrary to the dignity of court proceedings."
"We never at any time intended to disobey or mislead the court.
We are deeply disappointed that the court concluded we did so," Collier said.
"We fought TU Electric over turning over the document because we didn't think it was relevant to the case, but when the court ordered it produced, we did the best we could given the time frame and what we understood we were supposed to do,"
he added.
Pruitt said Cap Rock Electric would have no problem providing 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> of community service.
"It's what we do best, and doing more is a privilege not a burden," he noted.
Cap Rock Electric is a member-owned cooparative serving 17 primarily rural counties in the Midland area, has been battling giant TU Electric since 1987 over power cost and power transmission issues.
TU Electric has five million customers in Texas and is headquartered in Dallas.
_ FOR MORE INFORMATION contact Teresa Kelly, for Cap Rock Electric, at 1-512/328-4276 l
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