ML19274E860

Application by Public Utils Board of Brownsville,Tx for Issuance of Subpoena for Production of Documents by El Paso Electric Co.Draft Subpoena & Certificate of Svc Encl

ML19274E860
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	03/12/1979
From:	Poirier M SPIEGEL & MCDIARMID
To:
References
NUDOCS 7904280170
Download: ML19274E860 (24)

Text

., . ,

UNITED STATES OF AMERICA BEFORE THE  % 48c# y6 NUCLEAR REGULATORY COMMISSION E \ 1 5 4 E ammusuuuuMB"""* h4 de,M ,

In the Matter of ) <> ,,qi

) e 1**

HOUSTON LIGHTING AND POWER CO., ) Docket 498A et al. )

Nos.f5050-499A

)

(South Texas Project, Units )

No. 1 and 2) )

)

)

TEXAS UTILITIES GENERATING ) Dockets Nos. 50-445A COMPANY, et al. ) 50-466A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

TO: Marshall E. Miller, Esq., Chairman Atomic Safety & Licensing Board Panel APPLICATION FOR ISSUANCE OF SUBPOENA The Public Utilities Board of the City of Brownsville, Texas, pursuant to 10 C.F.R. 52.720, hereby makes application for the issuance of the subpoena for Production of Documents attached hereto to the Keeper of Records, The Electric Company (El Paso Electric Company).

The documents requested are relevant to the effects on actual and potential competition of intrastate only restric-tions, including the participation agreement governing the generating units that are the subject of this proceeding.

The requests relate to actual and potential joint actions and transactions involving The Electric Company (El Paso Electric Company), a utility located partly in Texas and operating in 79042801% //b1 r i

interstate commerce, and municipally, cooperatively, and pri-vately owned electric systems located in Texas, including those electric systems that are parties to this proceeding.

Areas addressed include potential joint generation (including nuclear plants); potential transmission service, interconnec-tions and interconnected operation; potential sale of power by El Paso to utilities in Texas; actual studies and other documents relating to advantage of interstate and intrastate operation; and other documents relating to competition of various types between electric utilities in Texas.

The Public Utilities Board of the City of Brownsville, Texas requests this Board to sign the enclosed subpoena and return it to the undersigned at Spiegel &

McDiarmid, Washing ton, D.C.

Respectfully submitted, M(

Marc R. Poirier One of the Attorneys for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & MCDIARMID 2600 Virginia Avenue, N.W.

Washington, D.C. 20037 (202) 333-4500 Dated: March 13, 1979

Subpoena for Production of Documents UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

HOUSTON LIGHTING AND POWER 70MPANY ) Docket Nos. 50-498A THE CITY OF SAN ANTONIO ) 50-499A THE CITY OF AUSTIN and )

CENTRAL POWER AND LIGHT env9ANY )

)

(South Texas Project, Units Nos. )

1 and 2) )

SUBPOENA TO: Keeper of the Records The Electric Company (El raso Electric Company) 303 North Ci?gon Street El Paso, Texas 79901 YOU ARE HEREBY COMMANDED to make available for inspec-tion and copying at 303 North Oregon Street in the city of El Paso, Texas on the 6th day of April, 1979 the doc uments ( s ) or object (s) described in the attached schedule.

Subpoena for Production of Documents Page Two BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By

.............., 1979 Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas SPIEGEL & McDIARMI" 2600 Virginia Avenue NW Washington, D.C. 20037 (202) 333-4500 10 C.F.R. 2.720(f)

On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the sub-poena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the sub-poena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) con-dition denial of the motion on just and reasonable terms.

SCHEDULE TO SUBPOENA FOR PRODUCTION OF DOCUMENTS

1. Please produce maps sufficient to indicate all actual and projected El Paso transmission and subtransmission lines located within the State of Texas.

2.(a) Produce all documents relating to each offer of participation in any nuclear electric generating unit, made or received by El Paso. Exclude documents solely concerning contract negotiations or power supply planning for applicable units (b) Produce all offers, inquiries or principle policy docu-ments or analyses documents relating to participation, actual or potential, by any electric utility in the South Texas Units, including the terms and conditions, limitations or restrictions of such participation.

3. Please produce all documents relating to transmission services, actual or potential, by El Paso to ar.y electric utility that is a member of ERCOT or that is located in whole or in part in Texas. Please note that transmission ser-vices as defined includes transmission of power and/or energy generated by El Paso.

4.(a) Please produce all documents relating to policy for interconnection and/or interconnected operation of El Paso with any other electric atility located in whole or in part in Texas.

Exclude routine billing and log data.

(b) Please produce copies of any interconnection agreements entered into between El Paso and any other electric utility located in 'Whole er in part in Texas.

(c) Please produce all other contracts or agreements between El Paso and any municipally or cooperatively owned and/or operated electric utility.

5.(a) Please produce all documents relating to policy for the sale of power, actual, planned or potential, or to establishing terms for the sale of power, from El Paso to any electric utility located in whole or in part in Texas.

Exclude billing and log data.

(b) Please produce all documents relating to policy for participation, actual, planned or potential, or to establishing terms for any participation, by any electric utility located in whole or in part in Texas in any generation facility of which El Paso is whole or part owner.

6. Please produce all studies and analyses relating to the power supply, transmission requirements, and/or competitive posi-tion of any municipally or cooperatively owned and/or operated electric utility located in whole or in part within the State of Texas.

7. Please produce the rates of El Paso for all classes of customers since January 1, 1970.

8.(a) Please produce all principal documents relating to each reason for which El Paso does not operate in synchro-nism with any electric utility that is a member of TIS.

(b) Please produce all documents relating to the relative advantages to any electric utility of operating solely within the State of Texas and operating in interstate commerce.

(c) Please produce all documents relating to any study or report by any electric utility, or by any state or federal agency that regulates electric utilties, the subject of which relates to, in whole or in part, potential operation of any electric utility or utilities actually operating solely within the State of Texas so as to place such utility or uti-lities into interstate commerce. (For purposes of this cequest, operation in interstate commerce includes the defi-nition in FPC v. Florida Power & Light Co., 404 U.S. 453 (1972). ) This request includes documents relating to com-mmunications between El Paso and any other electric utility relating to any study or report described above.

9. Please furnish a copy of any information or docu-ments provided formally or informally to any party or agency (including CP&L, WTU, PSO, SWEPCO, CSW, TP&L, DP&L, TESCO, TU, HL&P, the Texas Public Utilities Commission, the United States Department of Justice, the Staff of the United States Nuclear Regulatory Commission) relating to any of the following proceedings:

(a) In the Matter of Houston Lighting & Power Co. et al. (South Texas Project, Units 1 and 2), NRC Docket Nos.

50-498A and 50-499A;

(b) In the Matter of Texas Utilities Generating Company (Comanche Peak Steam Electric Station, Units 1 and 2), NRC Docket Nos. 50-445A and 50-446A; (c) In the Matter of Central and South West Corporation, et al., SCE Administrative Proceeding File No. 3-4951; (d) West Texas Utilities Company et al. v. Texas Electric Service Company, et al., No. CA3-76-0633F, United States District Court (N.D. Texas, Dallas Division);

(e) In the Matter of the Emergency Hearing on Intrastate and Interstate Service of Texas Interconnected System, Docket No. 14, Public Utilities Commission of Texas.

(f) Central Power & Light et al., FERC Docket No . EL 79-8.

INSTRUCTIONS The period of time for which documents are requested includes the entire period from January 1, 1965 to the date of which docu-ments are made available for inspection and copying to the Public Utilities Board of the City of Brownsville, Texas ("Brownsville")

or its representatives.

Brownsville requests that the Keeper of the Records identify the specific request or requests to which each document is respon-sive. Where possible, the Keeper of the Records is requested to maintain the intergrity of El Paso:s filing and recordkeeping systems by producing together documents responsive to this Sub-poena, which are found together in the Keeper of the Record's files.

If you claim that any document requested hereunder is privileged, with respect to each such documents, please pro-vide the following:

(a) date; (b) type of document; (c) identity of author and addressee; (d) present location and custodian; (e) any other description necessary to enable the custodian to locate the particular document; (f) the basis for the claimed privilege; and (g) a detailed description of the nature of any judicial protection alleged to be necessary to protect the privilege or confidential natrre of any such document.

DEFINITIONS A. " Documents" mean all writings and records of every type in the actual or constructive possession, control, or custody of El Paso, its directors, officers, employees, con-sultants, or agents, including but not limited to contracts, memoranda, correspondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minu-tes, notes, diaries, log sheets, ledgers, transcripts, micro-film, computer printouts, vouchers, accounting statements, telegrams and telegraphic communications, engineering diagrams (including "one-line diagrams"), mechanical and electrical recordings, records of tele one communications, speeches and all other records, written, electrical, mechani-cal, or otherwise.

" Documents" shall also mean copies of documents, even though the originals thereof are not in the possession, custody, or control of El Paso, and every copy of a document which contains handwritten or other notations, or which in any other manner does not duplicate the original, or any other copy furnished pursuant to this request.

B. " Communications" shall include, without limiting the generality of its meaning, all conversations between two or more persons either in person or by telephone, all state-ments, speeches, declarations and comments, and shall include documents as defined in A. above.

C. " Person" shall mean any natural person, company, association, firm, corporation, cooperative, rural electric cooperative, municipality, joint stock association, or any political subdivision, agency or instrumentality of the federal, state, or municipal governments, or a lawful asso-ciation of any of the foregoing, or any entity that produces, generates, transmits, distributes, purchases, sells, or fur-nishes electricity.

D. " Identify," when used with respect to documents, means that the type of document, author, recipient (s) of the original, recipient (s) of copies, date, and subject of the document should be specified.

" Identify," when used with respect to communications, means that the type of communication, maker of the com-munication, persons communicated to, persons for whom the communication was intended, date and subject of the com-munication should be specified.

" Identify," when used with reference to any cor-poration, association, cooperative, or other legal entity, means to state the name and current address of said organiza-tion or entity; if the current address is unknown, provide the last known address.

" Identify," when used with respect to any person, means that the person's name, currant business address (or current mailing address for persons now retired), current job title, and employer, should be specified. If the current address is unknown, please provide the last known address.

Where more than one request in this series asks for identification of a document, communication, legal entity, or person, in response to the second and subsequent requests, please provide the name of a corporation, legal entity or person, or the date and author or maker of a document or communication, along with a reference to the response in which a full identification was provided.

E. " Representative" shall be understood to include, without limiting the generality of its meaning, any director, officer, employee, contractor, or consultant, of any person as defined in C., who at a particular formal or informal meeting, or in a particular document or communication, appears to participate in the meeting, or in the making of or the receipt of the document or communication, on behalf of or as agent for, said person. Whether or not a representative has actual authority as an agent of the person is irrelevant to his or her status as a representative.

F. " Relating to" or " relate" means consisting of, referring to, reflecting, or being in any way legally, logically or factually connected with. Requests " relating to" a sub-ject or item should be understood to include possible or con-templated actions as to such subject or item. For example, a request for documents relating to interconnection plans would include documents relating to interconnection arrangements that have been considered but rejected.

G. " Electric utility" means a private corporation, cooperative, rural electric cooperative, municipality, joint stock association, or any political subdivision, agency or instrumentality of federal, state, or municipal governments, or a lawful association of any of the foregoing that owns, controls, or operates, or proposes er is studying the possi-bility of owning, controlling, or operating, facilities for the generation, transmission and/or. distribution of electricity.

H. " Transmission services" shall mean the undertaking by a utility to transmit power and/or energy for any other electric utility, whether the power and/or energy is generated by the first utility or by any other electric util-ity. " Transmission services" shall also include the sale by a utility of transmission capacity without energy.

" Transmission services" include wheeling.

I. " Interconnection" shall mean the physical junction of the electric transmission systems of two or more electric utilities so that electricity may flow over the junction according to location of points of power generation and power usage, in the same manner as electricity flows over the lines of an individual electric system. A junction nor-mally maintained in an open position is considered an inter-connection. A junction by which a lower voltage system is joined to a transmission line through a transformer is con-sidered an interconnection.

" Interconnected operation" between two or more electric utilities shall mean a method of operation in which electri-city flows over interconnections between the electric transmission and/or subtransmission systems of the electric utilities in the same manner as electricity flows alc ng the lines of an individual electric system, whether or not such flow of electricity occurs pursuant to the terms of an inter-connection agreement. " Interconnected operation" includes all forms of interchange, including sales, purchases or exchange of energy or capacity, reserves sharing, firm power, emergency, maintenance, seasonal, economy exchange, spinning

reserves and any similar transactions.

" Interconnection agreement" shall mean an agreement governing the rates, metering, and other terms and conditions under which interconnected operation occurs.

J. "The Electric Company (El Paso Electric Company)" or "El Paso" shall be understood to include its parent, direct or indirect subsidiary, affiliated, or predecessor companies and any entities providing electric service at wholesale or retail, the properties or assets of whch have been acquired by El Paso.

K. " Central Power & Light Company" or "CP&L" shall be understood to include its parent, direct or indirect sub-sidiary or predecessor companies and any entities providing electric service at wholesale or retail, the properties or assets of which have been acquired by CP&L.

L. " Houston Lighting & Power Compan'y" or "HL&P" shall be understood to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by HL&P.

M. " Texas Power & Light Company" or "TP&L" shall be understood to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing eletric service at wholesale or retail, the properties or assets of which have been acquired by TP&L.

N. " Dallas Power & Light Company" or "DP&L" shall ce understood to include its parent, direct or indirect subsidiary

affiliated, or predecesor companies and any entities pro-viding electric service at wholesale or retail, the proper-ties or assets of which have been acquired by DP&L.

O. " Texas Electric Service Company" or "TESCO" shall be understood to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by TESCO.

P. " West Texas Utilities" or "WTU" shall be understood to include its parent, direct or indirect subsidiary, affil-iated, or predecessor companies and any entities providing electric service at wholesale or retail, the properties or assets of which have been acquired by WTU.

Q. " Southwestern Electric Power Company" or "SWEPCO" shall be understood to include its parent, direct or indirect subsidiary, affiliated, or predecessor companies and any entities providing electric service at wholesale or retail, the ,roperties or assets of which have been acquired by SWEPCO.

R. "Public Service Company of Oklahoma" or "PSO" shall be understood to include its parent, direct or indirect sub-sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the properties or assets of which have been acquired by Public Service Company of Oklahoma.

S. " Central & South West Corporation" or "CSW" shall de understood to include its parent, direct or indirect subsidiary, affiliated, or predecessor companies and any entities pro-viding electric service at wholesale or retail, the proper-

ties or assets of which have been acquired by CSW.

T. " Texas Utilities" or "TU" shall mean Texas Utilities Generating Company, its parent, affiliated, direct or indirect subsidiary and all predecessor companies, including, but not limited to, Texas Utilities Company, Dallas Power &

Light Company, Texas Electric Service Company and Texas Power

& Light Company.

U. " South Texas Units" shall be understood to refer to the nuclear generating units for which applicants in the above-captionaa proceeding have obtained a construction per-mit from the Nuc 2ur Regulatory Commission.

RETURN ON SERVICE Received this subpoena at ................... ......... on

........... and on .............. at ......................

............ ...... served it on the within named .........

............. ......... by delivering a copy to h..... and tendering to h... the fee for one day's attendance and the mileage allowed by law.

Dated ......... 19.. By ....... ................

Service Fees Travel .............. S Services ... ........ S Total.................S Subscribed and sworn to before me, a .......................

this ........ day of ............, 19......

LAW OFFICES SPIEGEL & McDIARMID 2600 VIRGINIA AVENUE. N.W.

WASHINGTON. O.C. 20037

, TELEPHONE (202) 333-4500 ROGERT C. MCOIARMID TELECOPIE R (202) 333-2974 ROEERT HARLEY BEAR SANDRA J STREBEL THOMAS C. TRAUGER ROBERT A. JABLON JOHN MICHAEL AORAGNA JAMES N. MOH vCOO CYNTHiA S. BOGORAD ALAN J. ROTH NassacHustrrs sam oNLvl FRANCES E. FRANCl3 G ARY J. f! EWE LL DANIEL 1, D AVIOSON M ARC R. poiRIE R THOM AS N. McHUGH. JR.

oANiEt J. GUTTMAN March 13, 1979 PETE R K. M ATT OAVID R.STRAUS Samuel J. Chilk, Secretary Nuclear Regulatory Commission Washington, D.C. 20555 Re: Houston Lighting & Power Co., et al.

(South Texas Units No. 1& No. 2)

NRC Docket Nos. 50-498A, 50-499A

Dear Mr. Chilk:

Enclosed please find the original Return on Service of the subpoena issued by the Atomic Safety and Licensing Board on February 26, 1979.

to Gulf States Utilities in connection with the above-captioned proceeding. I am returning it for filing in accordance with S2.720(e) of the Nuclear Regulatory Commission's Rules of Practice.

Very truly yours, M

Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas Enclosure MRP:ps cc: All Parties

RETURN ON SERVICE

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UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

Houston Lighting & Power Company ) Docket Nos. 50-498A The City of San Antonio ) and 50-499A The City of Austin )

Central Power & Light Company )

(South Texas Project, Unit Nos. )

1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that I have caused a copy of the foregoing APPLICATION FOR ISSUANCE OF SUBPOENA and RETURN ON SERVICE in the above captioned proceeding to be served on the following by depesit in the United States mail, first class, postage prepai' , or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission internal mail system, this 13th day of March, 1979.

• Marshall E. Miller, Chairman Joseph J. Saunders, Esquire Atomic Safety & Licensing Board Chief, Public Counsel &

Panel Legislative Section Nuclear Regulatory Commission Department of Justice Washington, D. C. 20555 P. O. Box 14141 Washington, D. C. 20044

• Sheldon J. Wolfe, Esquire Atomic Safety & Licensing Board Joseph Gallo, Esquire Panel Richard D. Cudahy, Esquire Nuclear Regulatory Commissio.. Robert H. Loeffler, Esquire Washington, D. C. 20555 Isham, Lincoln & Beale Suite 701 Michael L. Glaser, Esquire 1050 17th Street, N. W.

1150 17th Street, N. W. Washington, D. C. 20036 Was hing ton , D. C. 20036 John D. Whitler, Esquire

• Joseph Retberg, Esquire Ronald Clark, Esquire Antitrust Counsel Department of Justice Counsel for NRC Staff P. O. Box 14141 Nuclear Regulatory Commission Washington, D. C. 20044 Washington, D. C. '0555 Joseph Knotts, Esquire

• Chase R. Stephens, Chief Nicholas S. Reynolds, Esquire Docketing and Service Section Debevoise & Liberman Office of the Secretary 1200 17th Street, N. W.

Nuclear Regulatory Commission Washington, D. C. 20036 Washington, D. C. 20555

2-Douglas F. John, Esquire Joseph I. Worsham, Esquire Akin, Gump, Hauer & Feld Merlyn D. Sampels, Esquire 1100 Madison Office Building Worsham, Forsythe & Sampels 1155 15th Street, N. W. 2001 Bryan Tower, Suite 2500 Washington, D. C. 20024 Dallas, Texas 75201 R. Gordon Gooch, Esquire Spencer C. Relyea, Esquire John P. Mathis, Esquire Worsham, Forsythe & Sampels Baker & Botts 2001 Bryan Tower, Suite 2500 1701 Pennsylvania Avenue, N. W. Dallas, Texas 75201 Washington, D. C. 20006 R. L. Hancock, Director Robert Lowenstein, Esquire City of Austin Electric J. A. Bouknight, Jr., Esquire Utility Department Lowenstein, Newman, Reis & P. O. Box 1088 Axelrad Austin, Texas 78767 1025 Connecticut Avenue, N. W.

Washington, D. C. 20036 Jerry L. Harris, Esquire City Attorney William J. Franklin, Esquire City of Austin Lowenstein, Newman, Reis & P. O. Box 1088 Axelrad Austin, Texas 78767 1025 Connecticut Avenue, N. W.

Washington, D. C. 20036 Richard C. Balough, Esquire Assistant City Attorney Frederick H. Ritts, Esquire City of Austin Law Offices of Northcutt Ely P. O. Box 1088 Watergate 600 Building Austin, Texas 78767 Washington, D. C. 20037 Dan H. Davidson Wheatley & Wolleson City Manager 1112 Watergate Office Building City of Austin 2600 Virginia Avenue, N. W. P. O. Box 1088 Was hing ton , D. C. 20037 Austin, Texas 78767 Roff Hardy, Chairman and Chief Don R. Butler, Esquire Executive Officer Sneed, Vine, Wilkerson, Selman Central Power & Light Company & Perry P. O. Box 2121 P. O. Box 1409 Corpus Christi, Texas 78403 Austin, Texas 78767 G. K. Spruce, General Manger Morgan Hunter, Esquire City Public Service Board McGinnis, Lochridge & Kilgore P. O. Box 1771 900 Congress Avenue San Antonio, Texas 78203 Austin, Texas 78701

Jon C. Wood, Esquire Kevin B. Pratt, Esquire W. Roger Wilson, Esquire Assistant Attorney General Matthews, Nowlin, Macfarlane P. O. Box 12548

& Barrett Capital Station 1500 Alamo National Building Austin, Texas 78711 San Antonio, Texas 78205 Linda L. Aaker, Esquire Perry G. Brittain, President Assistant Attorney General Texas Utilities Generating P. O. Box 12548 Company Capital Station 2001 Bryan Tower Austin, Texas 78711 Dallas, Texas 75201 E. W. Earnett, Esquire John E. Mathews, Jr., Esquire Charles G. Thrash, Jr., Esquire Mathews, Osborne, Ehrlich, Baker & Botts McNatt, Gobelman & Cobb 3000 One Shell Plaza 1500 American Heritage Life Bldg.

Houston, Texas 77002 Jacksonville, Florida 32202 J. Gregory Copeland, Esquire Robert E. Bathen Theodore F. Weiss, Jr., Esquire R. W. Beck & Associates Baker & Botts P. O. Box 6817 3000 One Shell Plaza Orlando, Florida 82803 Houston, Texas 77002 Somervell County Public Library G. W. Oprea, Jr. P. O. Box 417 Executive Vice President Glen Rose, Texas 76403 Houston Lighting & Power Company P. O. Box 1700 Maynard Human, General Manager Houston, Texas 77001 Western Farmers Electric Coop.

P. O. Box 429 W. S. Robson, General Manager Anadarko, Oklahoma 73005 South Texas Electric Cooperative, Inc. James E. Monahan Route 6, Building 102 Executive Vice President and Victoria Regional Airport General manager Victoria, Texas 77901 Brazos Electric Power Coop., Inc.

P. O. Box 6296 Michael I. Miller, Esquire Waco, Texas 76706 Richard E. Powell, Esquire Isham, Lincoln & Beale Judith Harris, Esquire One First National Plaza Department of Justice Chicago, Illinois 60603 P. O. Box 14141 Washington, D. C. 20044

David M. Stahl, Esquire Thomas G. Ryan, Esquire

• Jerome Saltzman, Chief Isham, Lincoln & Beale Antitrust & Indemnity Group One First National Plaza Nuclear Regulatory Commission Chicago, Illinois 60603 Washing ton , D. C. 20555 Knoland J. Plucknett Jay M. Galt, Esquire Executive Director Looney, Nichols, Johnson &

Committee on Power for the Hayes Southwest, Inc. 219 Couch Drive 5541 Skelly Drive Oklahoma City, Oklahoma 73101 Tulsa, Oklahoma 74135 Robert E. Cohn, Esq.

R. Bruce Whitney, Esq. Richard J. Leidl, Esq.

Air Products and Chemicals, Butler, Binion, Rice, Cook, Inc. & Knapp P.O. Box 538 818 Connecticut Avenue, N.W.

Allentown, PA 18105 Washington, D.C. 20006 Stanley Baumblatt, Esq. Paul M. King, Esq.

Union Carbide Corporation PPG Industries, Inc.

270 Park Avenue One Gateway Center New York, New York 10017 Pittsburgh, PA 15222 John Stapleton, Esq. Jonathan Day, Esq.

Monsanto Company Butler, Binion, Rice, Cook 800 North Lindbergh & Knapp St. Louis, Missouri 63166. 1100 Esperson Building Houston, Texas 77002 Ross Austin, Esq.

E. I. DuPont de Nemours & Co. Mark J. Wetterhahn, Esq.

Wilming ton , Delaware 19898 Robert J. Rader, Esq.

Conner, Moore & Corber 1747 Pennsylvania Ave., NW Suite 1050 Washington, D.C. 20006 Mb ./l ~

Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas March 13, 1979 Law offices of:

Spiegel & McDiarmid 2600 Virginia Avenue, NW Washington, D.C. 20037 202-333-4500