ML19269D032

Initial Interrogatories to & First Request for Production of Documents by Tx Util Co & Its Subsidiaries from Public Util Board of Brownsville,Tx.Certificate of Svc Encl

ML19269D032
Person / Time
Site:	South Texas
Issue date:	01/31/1979
From:	Poirier M SPIEGEL & MCDIARMID
To:
Shared Package
ML19269D029	List: ML19269D028 ML19269D032
References
NUDOCS 7902260605
Download: ML19269D032 (32)

Text

(

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY CCMMISSION In the Matter of Houston Lighting & Power Company )

The City of San Antonio )

The City of Austin ) Docke t Nos. 50-498A Central Power & Light Company ) and 50-499A (South Texas Proj ect, Units )

No. 1& No. 2) )

INIT.AL INTERROGATORIES TO AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY TEXAS UTILITIES CCMPANY AND ITS SUBSIDIARIES FROM THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS Pursuant to Sections 2.740, 2.740(b) and 2.741 of the Nuclear Regulatory Commission's Rules of Practice under the Atomic Energy Act, the Public Utilities Board of the City of Brownsville , Texas ( " Brownsv ille " ) hereby files initial interrogatories to and requests the production of documents by Texas Utilities Company and its subsidiaries ("TU").

I. GENERAL INSTRUCTIONS

1. Each interrogatory should be answered separately and fully in writing under oath or affirmation by the person (or persons) making it.

2. Each document produced in response to this request should be referenced with the number (s) of the relevant request and subsection, if any. Should any of the documents requested pursuant to this set of interrogatories and requests for dccument production have already been made available for Brownsville's inspection, it will be suf-ficient to note this fact and to provide the folicwing information: (1) dccument production number , if any; (2) 79022G D665-

Ad date, author, addressee (if any), persons receiving distribu-tion of such document or copies thereof; (3) a description of the nature of the document; and (4) the particular request and item number in response to which the document has pre-viously been produced.

3. Responses to interrogatories and requests for the production of documents shall be served upon the following persons:

Robert C. McDiarmid, Esquire Robert A. Jablon, Esquire Marc R. Po ir ie r , Esquire Spiegel & McDiarmid 2600 Virginia Avenue , N. W.

Was h ing ton , D. C. 20037

4. Documents should be provided by TU as they become available, but in any event no later than 30 days after the date of this request.

5. These interrogatories and requests for documents are of a continuing nature and require supplemental answers should TU generate or obtain further pertinent information or documen, a between the time its answers are filed and its documents produced and the time of the evidentiary hearing.

II. DEFINITIONS A. " Documents" mean all writings and records of every type in the actual or constructive possession, control, or custody of TU, its directors, officers, employees, con-sultants, or agents, including but not limited to contracts, memoranda, correspondence, reports, surveys, tabulations,

3-charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, diaries, log sheets, ledgers, transcripts, microfilm, computer printouts, vouchers, accounting state-ments, telegrams and telegraphic communications , engineering diagrams (including "one-line diagrams") , mechanical and electrical recordings, records of telephone ccmmunications, speeches and all other record.a, written, electrical, mecha-nical, or otherwise.

" Do c umen ts " shall also mean copies of documents , even though the originals thereof are not in the possession, custody, or control of TU, 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 II.A. above.

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

4-D. " Identify," when used with respect to documents ,

means that the type, 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, current 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 anc subsequent requests, please provide the name of a corporation, legal entity or person, or the date and author or maker of a document er communication, along with a reference to the response in which a full identification was provided.

E. " Re pre sen ta tiv e" 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 II.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. " Rela ting 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 ccrporation, 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 cperates, er proposes or 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 june: ion 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 along the lines of an individual electric system, whether er not such flow of electricity cccurs 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

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

K. " Houston Lighting & Power Company" 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.

L. " 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 electric service at wholesale or retail, the properties or assets of which have been acquired by TP&L.

M. " Callas Power & Light Company" or "DP&L" shcll be 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 OP&L.

_a_

N. " Texas Electric Service Company" or "TESCO" shall be understood to include its parent, direct or ind irec t sub-sid iary, af filiated , 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.

O. " 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.

P. " Southwestern Electric Power Company" or "SWEPCC" 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 which have been acquired by SWEPCO.

Q. "Public Service Company of Cklahoma" 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 Cklahoma.

R. " Central & South West Corporation" or "CSb" shall be understood to include its parent, direct or indirect subsidiary, affiliated, or predecessor ccmpanies and a y entities pro-viding electric service at wholesale or retail, the proper-

ties or assets of which have been acquired by CSW.

S. "Te::as 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, and all parent, subsidiary, or affiliated companies of each of these ccmpanies as defined above. Where a response to a particular request is not possible for the TU companies as a whole, although a response would be possible for some or all of the TU companies separately, please respond to that particular request for each TU company separateJ". Requests relating to agreements, communicatiens, or other arrangements between TU and any other electric uti-lity or between TU and any other person shall be understood to include a request for such agreements, communications, or arrangements between separate TU companies.

T. " South Texas Units" shall be underatoed to refer to the nuclear generating units for which applicants in the above-captioned proceeding have obtained a construction per-mit from the Nuclear Regulatory Commission.

III. OCCUMENTS NO LONGER IN TU'S POSSESSICN, CUSTCDY, CR CONTROL If any dccument otherwise responsive to any request was, en or after Cecember 19, 1970 (date of enactment of P. L.91-560), but is no lenger in TO's possessicn, or subject to TU's 'ontrol, er in existence, state whether (1) it is

missing or lost, (2) has been destroyed, (3) has been trans-ferred voluntarily to others, or (4) has been otherwise disposed of. In each instance, explain the circumstances surrounding such disposition and identify the person (s) directing or authorizing its destruction or transfer, and the date(s) of such direction or authorization. Identify each such document by listing its author and addressee, type (e.g., letter , memorandum, telegram, chart, pho tog raph ,

etc.), date, subject matter, whether the document (or copies) are still in existence, and if so, their present location (s) and custodian (s).

IV. SCOPE OF PRODUCTICN Each paragraph below, unless otherwise specified, refers to all communications of which TU is aware, made or sent frcm January 1, 1965 to date, and to all documents made , sent, dated or received from January 1,1965 to date , in TU's possession, custody, or control.

V. DOCUMENTS WITHHELD AS PRIVILEGED If any documents within any description set out below are withheld by reason of any assertion of privilege, iden-tify each such document by date, description, and type, iden-tify all persons preparing and/or receiving each document, and state the privilege asserted , and the reasons tnat, in TU's opinion, justify the assertion of privilege as to each doc umen t .

VI. INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

1. Please produce all documents relating to any joint actions, actual or contemplated, by three or more operating companies that are members of the Texas In te rconnec ted System (" TIS"), at least one of which is not a TU company; or by representatives of three or more operating companies that are members of the Texas Interconnected System, at least one of which is not a TU company. This request includes, but is not limited to, joint reports or studies, joint planning of generation or transmission expansion, and meetings of any kind. This request excludes agendas and minutes of annual or other regular meetings of TIS or its standing committees.

2. Please describe the manner in which agendas and minutes are prepared for TIS meetings and meetings of TIS committees and subcommittees. For TIS and for each TIS com-mittee and subcommittee, please answer the following :

(a) Who is generally responsible for preparation and determination of subjects to be considered?

(b) Do prepared agendas and minutes actually reflect the substance of all discussion had during such meetings? If not, describe how actual discussion may deviate from the pre-pared agendas.

The scope of this interrogatory extends to all periods in which meetings of TIS or TIS committees or subccmmittees have been held.

3.(a) What is the purpose of the Elec tric Reliab ility Council of Texas ("ERCCT")? Cescribe fully the functions of ERCOT, both formal and informal, with respect to the following

areas:

(i) planning for construction of new generation f ac il i-ties by any member electric utilities; (ii) planning for construction of new transmission facilities by any member electric utilities; (iii) spinning reserves of any member electric utility; (iv) central uispatch among any and/or all member electric utilities; (v) fuel acquisitica by any or all member electric uti-lities; (vi) interconnected operation by any or all member electric utilities.

(b) Describe fully the way in which TU is af fected by, or takes into account, the activities and/or decisions of ERCOT with respect to each of areas (i) through (vi) listed in (a) above.

(c) Produce all documents relating to (a) or (b) above.

4.(a) What is "he purpose of TIS? Cescribe fully the functions of TIS, both formal and informal, with respect to the following areas:

( i) planning for construction of new generation facill-ties by any member electric utilities;

( ii) planning for construction of new transmission facilities by any member electric utilities; (iii) spinning reserves of any member electric utility; (iv) central dispatch among any or all member electric utilities; (v) fuel acquisition by any or all member electric u tilitie s ;

(vi) interconnected operation by any er all member

electric utilities.

(b) De scribe fully the way in which TU is affected by, or takes into account, the activities and/or decisions of TIS with respect to each of areas (i) through (vi) listed in (a) above.

(c) Describe any post-1967 plan or proposal made, drawn up, or discussed, in whole or in part, by officers, represen-tatives or employees of TU, for the purpose of revising the TIS Agreement. Identify any person (s) who made any decision to proceed to consider or formulate a revision, and any person (s) who drafted any draft of a proposed revision; indi-cate all reasons for and against such a revision considered by TU; identify all persons not associated with TU with whcm any proposed TIS revision was discussed or to whom a draft revision was shown, including the date and substance of each communication relating to any proposed revision; indicate whether proposed revisions were finally implemented ,

including -11 reasons why proposed revisions were or were not to be implemen ted .

(d) Produce all documents relating to (a), (b) and/or (c) above.

5.(a) What is the purpose of the North Texas Interconnected System ("NTIS")? Describe fully the func-tions , both formal and informal, of NTIS with respect to the following areas:

( i) planning for construction of new generation facill-ties by any member electric utilities; (ii) planning for construction of new transmissicn facilities by any member electric utilities;

(iii) spinning reserves of any member electric utilities;

( iv ) central dispatch among any or all member electric utilities; (v) fuel acquisition by any or all member electric utilities; (vi) interconnected operation by any or all member electric utilities.

(b) Describe fully the way in which TU is affected by, or takes into account, the activities and/or decisions of NTIS with respect to each of areas (i) through (vi) listed in (a) above.

(c) Produce all documents relating to (a) or (b) above.

6. Please produce any documents relating to any com-parison of IRCCT and TIS and/or NTIS. Please identify any communications of which TU is aware relating to any such comparison. Please pecduce all documents relating to each such communication. Where communications described in this request are documents, the document may be produced in lieu of identifying the communciations.

7. Please produce all indexes or other descriptions, either partial or complete, computerized and/or manually created, to discovery documents produced in response to interrogatories and dccument requests propounded in West Texas Utilities Co. v. Texas Electric Service Co., Case No .

CA3-76-0633F (N. D. Texas, Dallas Div.) or in other related proceedings as noted in the Licensing Bo a rd 's Special

Prehearing Conference Order in the above-captioned proceeding dated July 13, 1978.

8. Please produce all documents relating to TU's gas supply, including entitlements, ownership interests or any other form of control of or access to gas, and including pro-jections or potential supply for or covering the period 1972 to date. Exclude routine billing documents.

9. To the extent not otherwise produced or supplied in response to this interrogatory and data request, or to pre-vious related interrogatories and data requests, please pro-duce all documents since January 1,1970 relating to any agreements or understandings, formal or informal, whether contemplated or actually made, and to all discussions or any other form of communication concerning such agreements or understandings, between TU and any other electric utility relating to:

(a) sales, purchases, transfers, deliveries, exchanges, coordination, or scheduling of natural gas use during periods of gas curtailment; (b) sales, purchases, transfers, deliveries, exchanges, coordination or scheduling of capacity or energy to offset increased costs associated with gas cur-tailments.

10. Please respond to the following subparts separately with respect to:

(i) gas

(ii) lignite (iii) coal (iv) uranium With respect to any particular proprietary interest or tran-saction, if documents sufficient to describe the interest or transaction are provided, no further response is required with respect to that particular interest or transaction.

(a) Describe separately by company the amount, cost, and location of fuels listed in (i)-(iv) in which TU and each parent, affiliated, or subsidiary company of TU had an ownership or other proprietary interest as of January 1, 1970. Include the date, original cost, and means of acquisi-tion of each such interest in fuel.

(b) Describe separately by company each acquisition, transfer, or supply contract for any fuel listed in (i)-(iv) above from January 1, 1970 to date. Include acquisitions ,

transfers , and supply contracts among TU companies , including any parent, affiliated or subsidiary company, as well as any acquisitions, transfers, or supply contracts between any such company and any other person. Describe the terms of each such acquisition, transfer, or supply contract, including the parties, dates, amount and location of fuel involved, all consideration given in exchange for fuel, and the value of such censideration.

11. In responding to this request (Number 11) please provide information separately for T?sL, CP&L, TESCO, and any other TU ccmpany to which a particular subpart is applicable.

(a) Please produce all fuel contracts in effect at any time from January 1, 1972 to the present. Please include expiration dates and renegotiation dates for all such contracts.

(b) Please provide the unit cost of power or energy purchased from any other electric utilities, by utility and by month, from January 1, 1972 to date. Please list cost for demand and energy separately. Please list separately or itemize each type of power produced, e.g., firm power, eco-nomy power, scheduled maintenance power, etc.

(c) Please provide the average fuel cost in mills /kwh for self-generated energy by month from January 1972.

(d) Please provide the average unit price of energy sold by month from January 1972 to date. Exclude any demand or fixed costs.

(e) Please produce load duration curves by day and week for the winter and summer peak period for each year from 1972 to date. Please include both actual load duration curves and those depicting projected load duration through 1990, if available, prepared from 1972 to date.

(f) Please produce projected mill rate dispatch tables from 1972 through 1990.

(g) Please produce copies of the Uniform Statistical Report to tha Edison Electric Institute from 1972 to the present.

(h) Please produce copies of the FERC Form 423 or simi-lar reports from its inception to date. For periods from January 1972 to date for which a Form 423 is unavailable, please produce copies of any report or reports made to the Texas Public Utilities Commission or its predecessors that contain equivalent in fo rmation .

(i) Please produce copies of the FERC Form 1 or similar reporta from 1972 to the present. For any year within this period for which no Form 1 is available, please produce copies of any report or reports made to the Texas Puhlic Utilities Commission or its predecessors that contain equiva-lent information; and in any event providc , from whatever source, information equivalent to that contained on the following FERC Form 1 schedules :

422-423 purchased power 424 interchange power 425 transmission by or for others 431 electric energy account; monthly peaks and output 432-441 generating plants 442-444 transmission line statistics; transmission added during the year 445 substations (j) Please produce copies of the FERC Fo rm 12 o r simi-lar reports from 1972 to the present. For any ' ear within this period for which no Form 12 is available, please produce copies of any report or reports made to the Texas Public

Utilities Ccamission or its predecessors thac contain equiva-Jent information; and in any event provide, from whatever source, information equivalent to that included on the following schedules of FERC Form 12:

1 capacity and output of system generating plants 2 system hydroelectric data 3 plant data - small plants 4 hydroelectric plant data 4-A pumped stc-age p?. ant data 5 steam-electric, including nuclear, plant data 7 internal-combustion engine and gas-turbine plant data 8 itemized accounting of energy transfers 9 system energy accounting for the year 18 system maps and diagrams (k) Please provide load flew diagrams for the main transmission system from 1972 to date , including summer peak, winter peak, and a typical off-peak period.

12. Please produce all documents relating to any r.rangements of TU relating to power generated at any hydroelectric generating facility, including but not lim ited to arrangements for acquisition, use, ccordinating , scheduling, and direct purchase.

13.(a) Cescribe all offers of participation in ene South Texas Units 1 and 2, including all electric utilities to which offers were made, the representative (s) by whcm each offer was made, the represe:. . T tive ( s ) of each utility to which offers were made, the date of each such offer, and the terms of each such offer.

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(b) Produce all 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.

(c) Identify all communications among officers, repre-sentatives or employees of TU and all ccmmunications between officers or representatives of TU and any other person, relating to participation in the South Texas Ur ' ts by any other electric utility. Provide all documents relating to each such ccmmunication. If documents provided in response to (b) above fully identify a particular communication, no further response is required as to that particular ccm-munication.

14. In responding to question 14, it is not necessary to produce documents relating to the negotiation over terms of particular participation agreements relating to Comanche Peak Units 1 and 2.

(a) Describe all offers of participation in the Comanche Peak Units 1 and 2, including all electric utilities to which offers were made, tha representative (s) by whom each offer was made, the representative (s) of each utility to which offers were made, the date of each sucn offer, and the terms of each such offer.

(b) Produce all dccuments relating to parricipation, actual or potential, by any electric utility in the Comanche Peak Units , including the terms and conditions, limitations or restrictions of such participation.

(c) Identify all ecmmunications among officers , repre-sentatives or employees of TU and all communications between officers or representatives of TU and any other person, relating to participation in the Cemanche Peak Units by any other electric utility. Provide all documents relating to each such communication. If documents provided in response to (b) above fully identify a particular communication, no further response is required as to that particular ccm-munication.

15.(a) Please produce all documents relating to transmission services, actual or potential, by TU to any other electric utility. Please note that " transmission services' as defined in II.H. above includes transmission of power generated by TU to any other electric utility. Exclude routine billing and leg data.

(b) Please produce all documents relating to construc-tion of additional transmission facilities, or to increasing the capacity of existing transmission facilities, actual or potential, by TU, for the purpose, in whole or in part, of providing transmission services to any electric utility other than a TU ccmpany.

16. To the extent not otherwise provided or supplied in response to this interrogatory and data request, or to pre-vious related 12.terrogatories and data requests, please pro-duce all documents relating to interconnection and/or inter-connected operation of TU with any other electric utility.

17. To the extent not otherwise provided or supplied in response to this interrogatory and document request, or to previous related interrogatories and document requests, please produce copies of any interconnection

agreements entered into between TU and any other electric utility.

18.(a) To the extent not otherwise provided or supplied in response to this interrogatory and document request, or to previous related interrogatories and document requests, please produce all documents relating to the sale of power, actual, planned er potential, or to establishing terms for the sale of power, from TU to any of the following:

( i) the electric utility system operated by the Public Utilities Board of Brownsville; (ii) any other municipally owned and/or operated electric utility; (iii) any cooperative or rural electric cooperative Exclude billing and log data.

Ib) Please produce all documents relating to par-ticipation, actual, planned or potential, or to establishing terms for any participation, by any electric utility listed in (a) (i)-(iii) above in any generation facility of which TU is whole or part owner.

(c) Please produce all documents relating to joint par-ticipation by TU and any utility listed in (a) (i)-(iii) above in any research, study or project relating to the use of gecchermal, bicmass , lignite or sclar energy as an actual or pctential source of electric power.

13.(a) please produce all documents relating to any attempts , whether actual or contemplated , by TU to acquire or to lease , either in whole or in part, the electric facili-

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ties of any municipally or cooperatively owned electric util-ity located in or adjacent to TU's service territory. The scope of this request is from January 1, 1957 to the present.

(b) Identify any communications relating to any acquisition or lease attempt referred to in (a) or (b) above between officers or representatives of TU and any other person, including, but not limited to, members of, or employees of, governing boards, city commissions or utilities authorities responsible in any way for the overall operation of such municipally or cooperatively cwned electric utili-ties. Please provide all documents relating to each such communication. If documents produced fully identify and describe the substance of a particular communication, no further response is required with respect to that particular communication.

19. Please produce all documents relating to the power supply, transmission requirements , and/or competitive posi-tion of any municipally or cooperatively owned and/or operated electric utility, including, but not lim ited to stud-les and analyses.

20.(a) Please list all industrial customers and ccmmer-cial customers of TU whose peak load has ever exceeded 2,000 kw, for which service by TU in a particular locatica commenced after January 1, 1970. Please indicate the firs:

month of service for each such customer and, where known, whether that customer was previously located in another loca-tion, and, if so, indicate that previous 1ccation.

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(b) Please produce all documents from January 1,1970 to the present relating to inquiries by potential new industrial customers concerning rates or services of TU or any other beriefits of location in areas served by TU whether or not such benefits relate to services or electric power provided. Whether or not any particular industrial customer actually chose or may choose to locate in territory served by TU is irrelevant to the scope of this request.

Please note that this document request (like all document requests hereby submitted to TU by Brownsville) includes documents generated by or locaued at local and district offi-ces as well as central company offices.

(c) Please produce copies of all documents relating to communications from any actual industrial or commercial customer of TU whose peak load has ever exceeded 2,000 kw, concerning TU rates or services, or concerning any expan-sion of the customer's plant that would result in an increase in power consumed. Exclude routine billing documents, but include documents relating to any inquiry or questioning of rates or of specific bills. The scope of this request is from January 1,1970 to the present.

21. Please list all industrial or ccmmercial customers of TU whose peak load has ever exceeded 2,000 kw, that have terminated purchases of power or services from TU since January 1, 1970. With respect to each such customer, indi-cate the month of termination, and, if known, whether the

customer moved to another location , and, if so, indicate that location. Please provide all documents relating to each ter-mination of services by each customer described in this request.

22. Please provide rates of TP&L, DP&L, and TESCO for all classes of customers since January 1, 1970.

23.(a) Since January 1, 1957, has TU ever offered or considered offering any special rate or individually designed rate to any customer, including , but not limited to, industrial or commercial customers whose peak load has ever exceeded 2,000 kw?

(b) Has TU ever considered offering any special rate or individually designed rate to any potential new industrial customer since January 1, 1957?

(c) If your answer to (a) and/or (b) is in the affir-mative, please provide all documents relating to each such offer or rate, or potential offer or rate. Exclude routine billing documents from this request.

(d) If your answer to (a) and/or (b) is in the affir-mative, please provide all documents relating to every ccm-munication with any such industrial or commercial customer er potential new industrial et-icmer that occurred in the year in which the effer was maae or considered, and the two years preceeding and the two years following the year in which the offer was made or considered. Exclude routine billing docu-ments. Documents produced in response to No . 20(b) or (c) of this request need not be referenced in response to No . 23(d).

24. Please state all reasons TU has considered for and against operating in interstate ccmmerce. Please provide principal documents relating to each such reason.

25. (a) Please produce all documents relating to the contract negotiations between WTU and Gate City Electric Cooperative referred to in Response No. 7 of the answer of Texas Utilities Company and its Subsidiaries to the First Se t of Interrogatories and Requests for Production of Documents from the Department of Justice, dated January 12, 1979 ("TU Answer to Justice").

(b) Please describe all reasons considered by TU for and against the 1976 communication from Mr. Marquardt, president of TESCO, to Mr. Chalker, president of WTU, referred to in Responsc No. 7 of the TU Answer to Justice.

Please produce all documents relating to each such reason.

(c) Describe fully the substance of the communication between Mr. Marquardt and Mr. Chalker described in (b) above.

(d) Cn what day, at what time, and by what means did the communication between Mr. Marquardt and Mr. .:alke r referred to in (b) above occur? What events or con-siderations caused Mr. Marquardt to make the communication at that time and in that manner?

(e) Please identify all ecmmunications relating to the ccmmunication between Mr. Marquardt and Mr. Chalker described in (b) above, including but not limited to all ecmmunications between Mr. Marquardt and any other person. Please provide

all documents relating to each such communication. If docu-ments provided in response to any part of this request fully identify and describe the substance of a particular ccm-munication, no further response is necessary with response to that particular communication.

26.(a) To the extent not otherwise produced er st", plied in response to this interrogatory and data request, or to previous related interrogatories and data request, please produce all documents relating to actual or potential transmission services, in whole or in part on lines owned by TU, between any member (s) of the Texas Municipal Power Pool (the Cities of Bryan, Denton , Garland , and Greenville , Texas, and the Brazos Electric Generating Cooperative) and any other electric utility.

(b) Please identify all communications between any officer or representative of TU and any other person relating to actual or potential transmission services , in whole or in part across lines cwned by TU, between the City of Denton, Texas and the City of Austi., the City Public Service Board of the City of San Antonio, Texas, and/or the Lower Colorado River Authority. ' lease provide all documents relating to each such communication. If dccuments produced in response to this request fully identify and describe the substance of a particular communication, no further response is required with respect to that particular ccmmunicat.on. The scope of this subpart is from January 1, 1970 to data.

27.(a) To the extent not produced or previously supplied in response to this interrogatory and data request, or to previous related interrcgatories and data requests, please produce all documents relating to actual, potential, possible or contemplated competition between TU and any other electric utility that is not a TU company.

(b) To the extent not produced or previously supplied in response to this interrogatory and data request, or to previous related interrogatories and data requests, please produce all documents in the actual or constructive possession of any TU company relating to power supply, cost of generation, cost to customers, or reliability of service of any electric utility other than the TU companies.

(c) Please identify all communications between any officer or representative of TU and any other person, including members of, or employees of, any governing boards ,

city commissions, or utility commissions responsible for the everall operation of any municipally or cooperatively owned and/or operated electric utility, relating to any subject described in (a) or (b) above. Please produce all documents related to each such communication. If documents produced in response to this interrogatory and data request, or to pre-vious, related interrogatories and data requests, fully iden-tify and describe the substance of a particular com-munication, no further in ormation is necessary with respect to that particular ccmmunication.

29. Please furnish a copy of all of TU's responses to interrogatories and document requests submitted to TU in the instant proceeding by any other party including all schedules, exhibits, attachments, appendices, and collections and compilations of documents.

29. Please update responses to all interrogatories and data requests received by TU in this proceeding or in any related proceeding (listed at pages 6-7 of the Special Prehearing Conference Crder of July 13, 1978 in the above-captioned proceeding), the discovery of which has been ordered to be treated as part of the discovery in this proceed ing .

30. Please identify the persons who prepared or assisted in the preparation of TU's response to each of the foregoing requests.

Respectfully submitted ,

Md.

Marc R. Po irier Attorney for the Public Utilities Board of the City of Brownsville , Texas Law offices of:

Spiegel & Mc Diarmid 2600 Virginia Avenue, N.W.

Was h ing ton , D. C. 20037

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

)

Houston Lighting & Power Company ) Docke t No s . 50-498A The City of San Antonio ) and 50-499A The City of Austin )

Central Power & Light Company )

(South Texas Project, Unit No s . )

1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that I have caused a copy of the foregoing INITIAL INTERROGATORIES TO AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS BY THE TEXAS UTILITIES CCMPANY AND ITS SUBSIDIARIES FROM THE PUBLIC UTILITIES BOARD OF THE CITY OF BRCWNSVILLE, TEXAS in the above-captioned proceeding to be served on the following by deposit in the United States mail, first class, postage prepaid, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission internal mail system, this 31st day of January, 1979.

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

Panel Leg islative Sec tion Nuclear Regulatory Commission Department of Justice Washington, D. C. 20555 P. O. Box 14141 Was h ing ton , D. C. 20044 Sheldon J. Wolfe, Esquire Atomic Safety & Licensing Board Joseph Gallo, Esquire Panel Richard D. Cudahy, Esquire Nuclear Regulatory Commission Robe rt H. Ece f fler , Esquire Washing ton , 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 Washing to n , D. C. 20036 John D. Whitler, Esquire Joseph Rutberg , Esquire Ronald Clark, Esquire Antitrust Counsel Department of Justice Counsel for NRC Staff P. O. Box 14141 Nuclear Regulatory Commission Washing to n , D. C. 20044 Wa shing ton , D. C. 20555 Joseph Knotts, Esquire Chase R. Stephens, Chief Nicholas S. Re ynold s , Es quire Docketing and Service Sec tion Cebevoise & Liberman Of fice of the Secretary 1200 17th Street, N. W.

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

. Douglas F. John, Esquir s Joseph I. Wo rs ham , Esquire Akin, Gump, Hauer & Feld Merlyn D. Sampels, Esquire 1100 Madison Of fice Building Worsham, Forsythe & Sampels 1155 15th Street, N. W. 2001 Bryan Tcwer, Suite 2500 Was h ing ton , D. C. 20024 Dallas, Texas 75201 R. Gordon Gooch, Esquire Spencer C. Relye a , Esquire John P. Mathis , Esquire Worsham, Fo rsythe & Sampels Baker & Botts 2001 Bryan 7bwer, Suite 2500 1701 Pennsylvania Avenue , N. W. Dallas , Texas 75201 Was h ing ton , D. C. 20006 R. L. Hancock, Director Robert Lowe n s te in , Esquire City of Austin Electric J. A. Bo uknig ht , Jr., Esquire Utility Cepartment Lowens te in , Ne wman , Reis & P. O. Box 1088 Axelrad Austin, Texas 78767 10 25 connec ticut Avenue , N. W.

Washing ton , D. C. 20036 Jerry L. Harris, Esquire City Attorney William J. Franklin, Esquire City of Austin Lo we ns te in , Ne wman , Re is & P. O. Box 10 88 Axelrad Austin, Texas 78767 1025 Connecticut Avenue, N. W.

Wa s hing ton , D. C. 20036 Richard C. Balough, Esquire Assistant City Attorney Frederick H. Ritts, Esquire City of Austin Law Of fices of tbrthcutt Ely P. O. Bo x 1088 Watergate 600 Building Austin, "< ss 78767 Washington, D. C. 20037 Dan H. vavidson Wheatley & Miller City Manager 1112 Watergate office Building City of Austin 2600 Virginia Avenue , N. W. P. O. Box 10 88 Wa s hing to n , D. C. 20037 Austin, Texas 78767 Roff Hardy, Chairman and Chief Do n R. Butler, Esquire Executive Officer Sneed, Vine, Wilkerson, Selman Central Power & Light Company & Perry P. 3. Box 2121 P. O. Box 1409 Corpus Christi, Te xas 78403 Austin, Texas 78767 G. K. Spruce , General Manger Morgan Hunter, Esquire City Public Service Board McGinnis, Ecchridge & 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 , Mac farlane P. O. Box 1254 8

& 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. C. Bo x 12548 Company Capital Station 2001 Bryan Tower Austin, Texas 78711 Dallas , Texas 75201

4 E. W. Barnett, Esquire John E. Mathews, Jr., Esquire Charles G. Thrash, Jr., Esquire Mathews, Csborne, Ehrlic h ,

Baker & Botts McNatt, Gobelman & Cobb 3000 One Shell Plaza 1500 American Heritagc Life Bldg .

Houston, Texas 77002 Jacksonville, Florida 32202 J. Gregory Copeland, Esquire Robe rt E. Bathen Theodore F. Weiss, Jr., Esquire R. W. Beck & As socia te s Baker & Botts P. O. Box 6817 3000 One Shell Plaza Criando, Florida 82803 Houston , Texas 77002 Somervell County Public Library G. W. Cprea, 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. C. Box 429 W. S. Robson , General Manager Anadarko, Cklahoma 73005 South ibxas 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. , In c .

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 Sal tzman , Chie f Isham, Lincoln & Beale Antitrust & Indemnity Group Cne First National Plaza Nuclear Regulatory Commission Chicago, Illinois 60603 Washing ton , D. C. 20555 Knoland J. Plucknett Executive Director Committee on Power for the Southwest, Inc.

5 541 Skelly Crive Tulsa, Cklahoma 74135 Jay M. Galt, Es quire Looney, Nichols, Johnson &

Hayes 219 Couch trive Oklahoma City, Cklahoma 73101 h(

/ V Marc R. Pcirier Attorney for the Public Utilities Board of the City of Brownsville, Te xas