ML20209D186
| ML20209D186 | |
| Person / Time | |
|---|---|
| Site: | Satsop |
| Issue date: | 06/15/1984 |
| From: | Rothschild T NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Rehm T NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19272A695 | List: |
| References | |
| CON-WNP-1352 NUDOCS 8407240608 | |
| Download: ML20209D186 (14) | |
Text
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M jo,, UNITED STATES 8 , g NUCLEAR REGULATORY COMMISSION
- .g aE WASHINGTON, D. C. 20G55
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CHAIRMAN June 15, 1984 MEMORANDUM FOR: Tom jReh, Assistant to the EDO FROM:
( eng)
Trip Rothscnild, OGC
SUBJECT:
BONNEVILLE POWER ADMINISTRATION V. WPPSS Today, OGC received the enclosed subpoena. Staff will need to produce the requested documents relating to WPPSS. Staff will also need to provide an individual who can be deposed on the documents on June 27. If that date is not gccd for the staff, we may be able to change it. Please have the individual assigned to this project contact me. Thank you.
Enclosure:
As stated cc: Jesse Funches, NRR 07240608 840716 ADOCK 05000500 hn( i
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- 8d" " ;*28 DEPOSITION SUBPOENA P-. O3 Knitch $tates pistrict QIourt '""']jfrid U ('O Um$8 DOCKET No.
BONNEVILLE POWER ADMINISTRATION, 82-1252 (1.$, O( _ u 3 n (Oed $:w/d/e TYPE OF CASE V. D Civil O CRIMINAL WASHINGTON PUBLIC POWER SUPPLY sv.,ocuA roR SYSTEM, et al. ,
O PERSON E DOCUMENT (S) or OBJECT (S) l TO:
United States Nuclear Regulatory Commission '
4 YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to !
testify at the taking of a deposition in the above-entitled case. '
PLACE DATE AND TIME 1717 H Street N.W. June 27, 1984 Washington, D.C. 9:30 a.m.
t YOU ARE ALSO COMMANDED to bring with you the following document (s) or object (s): 2 Listed on Attachment B l
1 i
O Please see additionalinformation en rentse f
Any subpoenaed organization not a party to this suit is hereby admonished pursuant to Rule 30 (b) (6), Federal Rules of Civil Procedure, to file a designation with the court specifying one or more officers, directors, or managing agents, or other persons who Consent to testify on its behalf, and shall set forth, for each person designated, the matters on which he will testify or produce documents or things. The persons 50 designated shall testify as to matters known or reasonably available to the organization.
vos. MA.tSTR ATE (a) OR CLERM OF COURT DATE JAMES E. DAVEY te v) E,vTY CLERM juu 151984 j
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ATTORNEY S NAME AND ADDRESS i This subpoena is issued upon application of the:
Gordon W. Wilcox Riddell, Williams, et al.
C Plaintiff efendant C U S. Attorney 4400 Sea-1st National Bank Bldg.
Seattle, WA 98154 esi iv et ...nc.. .. eater noae. Attorneys for small Utilities Group (2) A su soona snasa be isswee ey a magistrate en a processene before nom, but need not be unoer tne seat of the court. (Ru6e s 7(s), Pecerol Rules of C,iminas procesure.)
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9 1 ATTACHMENT B- TO SUBPOENA DUCES TECUM . , . . _.
2 'TO NUCLEAR REGULATORY COMMISSION .
4 DEFINITIONS {, _
5 As used in this subpoena, the following terms shall ha've the 6 following meaning:
7 1. "BPA" means the Bonneville Power Administration.
8 2. The " Supply System" means the Washington Public Power 9 Supply System.
10 3. " Participants" means each and every entity which signed a 11 Net Billing Agreement with the Supply System and BPA relating to 12 Project 3.
13 4. " Participants' Review Board for Project 3" means the entity 14 designated pursuant to the Net Billing Agreements for Project 3.
15 5. " Projects 1, 2 and 3" mean Supply System Nuclear Project 16 Nos. 1, 2 and 3, respectively. Project 1 includes that project's 37 predecessor in planning, which was a proposal to modify the nuclear 18 pr jee cated in Hanford, Washington, and owned in part by the upp y8 em an n pa y e n e a 88 epar dent of 19 0
Energy. Project 2 includes that project's predecessor in planning, which was known as the Grays Harbor project and was proposed to be located near Roosevelt Beach in Western Washington.
- 6. "IOUs" mean Pacific Power and Light Co., Puget Sound Power & Light, Washington Water Power and Portland General Electric.
25 Attachment to Subpoens - 1 moocLL. wiw[s su Li a wAtmNSHAW 4400 SEATTLE-PIRST NATIONAL BANet SUILOING SEATTLE 98154 (2048824 3000
p l.
t 1 7. " Intercompany Pool" means the association created and oper-2 ated by the eight Northwest. investor-owned utilities to exchange i
t 3 industry information and services, and to coordinate power schedul-j 4 ing and pooling. -
P 5 8. " Financial Consultants" means Blythe, Eastman & Dillon, q 6 Lehman Brothers, Jerry Katzen and any other investment firm or 7 individual who may have advised parties to this action.
8 9. " Trojan" means the nuclear power plant located in Rainier, 9 Oregon, owned by Portland General Electric Company, Pacific Power &
10 Light Company and Eugene Water & Electric Board.
11 10. " Boardman" means the nuclear project sponsored by Portland 12 General Electric Company proposed about 1972 to be located near 13 Boardman, Oregon. The location of this proposed nuclear project 14 changed, and the project later came to be known as Peb'le b Springs.
- (
15 11. "Centralia" means the two-unit, mine mouth, coal-fired 16 electrical generating plant operated by Pacific Power & Light 37 Company and The Washington Water Power Company, and located near
)g Centralia, Washington.
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19 20 sp ns red by Eugene Water & Electric Board and proposed about 1970 to be located in Lane County, Oregon.
- 13. "Mothballing," with respect to Project 1 or 3, means any construction delay or any postponement or extension of the comple-tion date for Project 1 or 3 for reasons other than licensing or construction problems. It includes the construction delay for i
uw omca$ l Attachment to Subpoena - 2 nicorLL. wituAus. sULuTT & WALKINSHAW l 4400 SEAf7La F18t$f NATIONAL SANM SUILDsN4 SEAMLE SS154 laces e34 2000 l
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1 Project 1 in about April 1982 and the construction delay for 2 Project 3 in May 1983. .
3 14. " Working file," with respect to an individual currently .
t 4 associated with or acting on behalf of a person, means all documents 5 controlled, kept, maintained, supervised, regularly used by, or in l 6 the possession of that individual. With respect to an individual at 7 any time previously associated with or acting on behalf of any per-8 son, " working file" means those documents which, at the time of that 9 individual's association or action, were controlled, kept, main-10 tained, supervised, regularly used by, or in the possession of that 11 individual. By way of example, and without limitation, " working 12 files" would include files in an individual's office, work area, 13 department, division or group, whether or not copies or originals of 14 such documents were, are or will be in any central fil'ing system-of 15 ""Y P*#8 "* '*
16
- 15. "You" or "your" refers to the person responding to this g subpoena, to any of that person's predecessors or successors,.and to
,, any of that person's current or past officers, directors, emp1oyees, "9*" * # ##E#*'*" * ***
- 19
- 16. "And" and "or" shall, unless the context clearly indicates otherwise, embrace both the conjunctive and disjunctive.
- 17. " Document" means all written, graphic, or printed matter of any kind, however produced or reproduced, including all~ originals, drafts, working papers and all nonidentical copies, whether dif-forent from the originals by reason of any. notation made on such Attachment to Subpoena - 3 mioo rLL. WituA seL 4 WALKINsHAW 4400 SEAT?LE.PIAST NAtlO, SAL B ANsq sutLOING SEATTLE 98t54 stoet 834 3400
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1 Copies or otherwise, and electronic, mechanical, or electrical 2 records or representations of any kind, translated through detection 3 devices into reasonably usable form. The term " document" includes, 4 but is not limited to: papers, books, book entries, accounts, 5 letters, photographs, objects, tangible things, correspondence, 6 telegrams, cables, telex, or telefax messages, memoranda, notes, 7 data, notations, work papers, interoffice communications, inter-8 departmental communications, transcripts, testimony or presentations 9 before any federal, state or other governmental body, minutes, 10 reports, and records of any communications (including telephone or 11 other conversations, interviews, conferences, or committee or other 12 meetings), affidavits, statements, summaries, opinions, reports, 13 studies, analyses, fo rmulae, plans, specifications, contracts, 14 licenses, agreements, offers, acceptances, journals, b'coks or-0 15 records of accounts, summaries of accounts, bills, receipts, balance 16 sheet's, income statements, advertisements, desk calendars, appoint-17 ment books, diaries, lists, tabulations, charts, graphs, maps, sur-18 "*Y"' ' "" #'* "7 'E"**# #*# # * # "E **' " " # "'
g all other records kept by electronic, photographic, or mechanical 20 means, and things similar to any of the foregoing, however denomi-g nated.
- 18. "All documents" means every document, as defined above, whether an original or copy, which is in your possession or under your control.
t 25 LAW OFFICES Attachment to Subpoena - 4 moocLL. WituAus. auturT a WALKINsHAW 4400 SEATTLE PIRST NAfiONAL BANIE SulLDING SEAMLC 98154 030488342000 O
g ] j 1 19. " Person" includes'any natural persen, firm, association, 2 partnership, joi'nt venture, corporation, and any other form of legal 3 entity, and any city, state, or federal governmental entity or any 4 agency, board, or court thereof.
5 20. " Relating to" shall mean relating to, referring to, per-6 taining to, discussing, commenting on, constituting or comprising, 7 whether in whole or in part.
8 INSTRUCTIONS 9 A. The original, where available, of each document is to be 10 produced. However, any document which varies in any way so that it 11 is not identical to the one produced is to be considered a separate 12 document and must be produced.
13 B. Documents shall be procu:ed as they are kept in the usual 14 course of your business. If documents have been kept in hard copy n
15- form but have been microfilmed for purposes of litigation, the hard 16 C py form shall be produced.
37 C. If you refuse to produce any document requested herein, 18 describe the basis for your refusal to produce, including any claim 39 of privilege, in sufficient detail so as to permit the Court to 20
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- 21 D. The documents requested herein shall be produced at your ffi es at 1717 H St. N.W., Washington, D.C.
22 DOCUMENTS DEMANDED BY SUBPOENA
- 1. All documents relating to the formation of the Ownership, Net Billing or Project Agreements for Project 3, including but not uw orriers Attachment to Subpoena - 5 moosLL. wituAus, auturT a wAtmNSHAW 4400 SEAf?LEflRST NATIONAL BANN BulLDING scanLc esis4 taces e24 2000
1 . . .
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m 1 limited to documents relating to their drafting, negotiation or 2 execution. Included in this request are all related documents from 3 the working files of all individuals at any time associated with you 4 or acting on your behalf who participated in, as well as those 5 knowledgeable with respect to, the subject matter of this request, 6 including but'not limited to related documents from the working 7 files of the following persons or their successors, if any, in.the 8 same or equivalent positions:
g a. Roger Boyd (Director, Division of Project Management) 10 b. Carl Steppe (Chief Geology / Seismology Branch) 11 c. Donald J. Skovhult 12 d. Paul F. Collin 13 e. Robert W. Houston .
14 f. Robert A. Clark i
15
- 2. All documents relating to the formation of the following 16 agreements, including but n t limited to their drafting, negotia .
tion, execution or adoption:
7 18
- a. e nors p Agreement jan, ar man, ugene, g Centralia or Projects 1, 2 and 3;
- b. The Net Billing Agreements for Trojan, Boardman, Eugene, Centralia or Projects 1, 2 and 3;
- c. The Project Agreement for Boardman, Eugene or Projects 1, 2 and 3;
- d. The Bond Resolutions for Projects 1, 2 and 3.
25 uw omese Attachment to Subpoena - 6 nicotLL. WiLuAus. SULUTT & WALKINSHAW 4400 SEATTLEffRST NAtlONAL SANN SWILDING sEAnts esis4 13001434 3400 4
..s O 1 Included in this request are all related documents from the 2 working files of'all individuals who participated in, as well as 3 those knowledgeable with respect to, the subject matter of this 4 request. -
5 3. All documents relating to any means of paying the Supply 6 System's ownership share of the costs of Project 1, 2 or 3. In-7 cluded in this request are all related documents from the working 8 files of all individuals who are knowledgeable with respect to the g subject matter of this request.
10 4. All documents relating to the not billing of costs for 11 Project 1, 2 or 3, or any objection to such not billing, including 12 but not limited to:
13 Included in this request are all related documents from the 14 working files of all individuals who are knowledgeable with respect 15 to the subject matter of this request. -
16 5. All documents relating to any communications between or 17 am ng the owner's Committee, the IOUs, BPA, the Supply System or any 18 Participant, or any of them, regarding:
19
- a. Any pr p sa r decision to motMan Projen 1 or 3; or 20
- b. Any proposal regarding the resumption of construction g on Project 1 or 3.
Included in this request are all related documents from the working files of all individuals who participated in, as well as those knowledgeable with respect to, the subject matter of this request.
Attachment to Subpoena - 7 mooget, w,LuA s su Li & WALMINsHAW 4400 f,** 77: 411R87 N AflONAL SAN 4 SylLOING SEATTLE 80154 13045434 3400 8 -
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G 1 6. All documents relating to establishing a date of completion
> 2 of Project 3, or to changes or proposed changes in that date, in-3 cluding but not limited to:
4 a. Setting the completion date of as near as may be to 5 September 1, 1981; 6 b. Setting the date for commencement of payments on 7 Project 3 bonds; 8 c. Any consideration given in mid-1982 to mothballing 9 Project 3; 10 d. Any change in the number of days worked per week from 11 late 1982 to mid-1983; 12 e. Any contingency plan from late 1982 to mid-1983 relat-13 ing to a change in the construction schedule on Project 3; 14 f. The mothballing.of Project 3 in mid-1982'.
15 Included in this request are all related documents from the 16 w rking files of all individuals who are knowledgeable with respect 37 to the subject matter of this request.
18
- 7. All documents relating to any analyses, studies or reports g regarding mothballing or changing the construction schedule for r e , n ng but not limited to:
20
- a. BPA's Analysis of Resource Alternatives, dated April 19, 1982;
- b. BPA's Analysis of Resource Alternatives, dated May 26, 1983; 25 u w orricas' Attachment to Subpoena - 8 nicorLL. wituAus. autuTT & WALKINsHAW 4400 SEATTLE FIR $7 NATIONAL SANN SUfLDING SEAULE 98154 12006424 3000
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1 c. BPA's Analysis of Resource Alternatives, dated 2 October 26, 1983';
3 .d. The Supply System's Analysis of Cost / Schedule Impacts 4 of WNP-3 Extended Construction Delay, issued August 10, 1983, and 5 updated on September 23, 1983, and November 2, 1983; 6 e. Any other contingency plans or scenarios relating to a 7 change in the construction schedule for Project 1 or 3.
8 Included in this request are all related documents from the 9 working files of all individuals who participated in, as well as 10 those knowledgeable, with respect to the subject matter of this 11 request.
12 8. All documents relating to the resumption of construction on 13 Project 3, including but not limited to documents concerning any a 14 Pr posed or considered reversal of the order of completion of 15 Projects 1 and 3. Included in this request are all related docu-16 ments from the working files of all individuals who are knowledge-37 able with respect to the subject matter of this request.
18
- 9. All documents relating to the consequences of mothballing 19
- a. The projected cost of completing Project 3 prior to mothballing;
- b. The projected cost of completing Project 3 after moth-balling;
- c. Any increased risk of termination associated with mothballing Project 3.
LAW OFFICES Attachment to Subpoena - 9 nicoctt. wituAus, suturr & WALKINSHAW 4400 SEATTLE PIRST NATIONAL BANM OUILDING SEATTLE 98154 1204s434 3400
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1 Included in this request are all related documents from the 2 working files of all individuals who are knowledgeable with respect
. 3 to the subject matter of this requert.
4 10. All documents created after January 1, 1982, relatir.g to 5 the construction status of Project 3, including but not limited to:
6- a.. 'The status of construction expenditures en project 3 7 relative to the budgeted expense for comp)eting Project 3; 8 b. The scheduled and expected datas for accomplishing g miles, tones on the critical path for construction of Project 3; 10 c. The scheduled and expected dates for accomplishing 11 fuel loading for Project 3; 12 d. Completing Project 3 ahead of schedule or ur, der its 13 budgeted costs.
., 14 Included in this request are all related documents from the ,
15 w rking files of all individuals who are knowledgeable with resptet -
16 t thIe subject matter of this request.
37
- 11. To the extent not otherwise requested herein, all documents
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- r related documents from the working files of all individuals who par-0 ticipated in, as well as those knowledgeable with respect to, the subject matter of this request.
- 12. Documents sufficient to show the manner in which documents are indexed, organized, filed, maintained, retained, retrieved, !
distributed, and/or destroyed in the regular course of your busi-2a, ,
r Attachment to Subpoena - 10 ,,onga w,g,,((,(('77 ,w, ,,g,,
4400 SEATTLE Pips? esafice4 AL BANet surLDireG SEArrLE 98tS4 (20e8 8 34 3804
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e 1 ness, and all correspondence and other logs for documents in your 2 files. .
3 13. ,For each year from 1970 to the present, your annual re-4 ports, or equivalent documents. .
5 14. For each year from 1968 to the present, organization charts 6 identifying all management positions in your organization and the 7 persons holding such positions.
8 15. All documents pertinent to Projects 1, 2 and 3, Eugene, g Centralia and Boardman; information submitted to you by any party to 10 , this action regarding these projects; and notes or memoranda of all 11 conversations, conferences and meetings with any party to this 12 action regarding these projects.
13 16. All documents concerning geologic studies or research re-14 lating to the geographic area within which Project 3 is located.
6 .
15 Included in this request are all documents related to studies, 16 research cr investigation or any Commission action, notice or commu-17 nicati n e neerning seismic activity in the geographic area within 3g which Project 3 is located.
19
'g 0310p:CML/ag 6/8/84 2i 22 23 24 25 Att'achment to Subpoena - 11 escocu wii.uA[s suILib a wALx wsHAW 4400 StAffLE ONSf NAtlONAL SAN ( SylLOIN4 SEAMic SelS4 (3041434 3400
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2 CERTIFICATE OF SERVICE AND MAILING 3
4 Th e undersigned hereby certifies that copies of the document 5 to which this certificate of Mailing is attached were hand-delivered, 6 deposited in the United States Mail, postage prepaid, or air 7 expressed to those partie.s listed in Judge Bilby's order of 8 February 6, 1984 this /) day of / a .,_ , 1984.
9 10 4. , A SANDRA K. LEE 11 12 13 e 14 15 16 17 18 19 ,
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8tIDDCLL WILLIAMS FIULLITT 4 W ALMINSH 4W !
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