ML19331B208

Index to Doi Exhibits Re Proposed Findings of Fact

ML19331B208
Person / Time
Site:	Midland
Issue date:	08/31/1973
From:	JUSTICE, DEPT. OF
To:
References
NUDOCS 8007280796
Download: ML19331B208 (61)

Text

{{#Wiki_filter:mj{ e t  :

                                                                         'c e

s to n n. S n c i C

s. i er i

dt cu a V[ i iJ .W

 .F Dfa p e o

p md i j nt lot e-n c2 i t 0 t r.Pr r ta c.d e p .n '. e . wa fD S T I m5 0o :C35 85Sw B I H

                                                        ]0W OE5 mRU X

E - E C I T S U J F - O T N E I T 2 R - A A d0 P n3 E a3 D - 10 O 5 T s td X in E na D U N y 1 I n ,9 , at2 pn3 ma-ol0

CP5 f

o rr. eas r e ueo olN t Pc t ut a sNe M r k ed c e mno h uaD t sl ndC n oiE I CMA t D . h ( g.,

                @ C C 1:. 0 CC a

o f DEPARTHENT OF JUSTICE EXHIBITS - VOLUME I Exhibit Page Marked Page Accepted Dnte No. For ID Inte Evidence Admitted Description of E::hlbit DJ 1 1136 1136 11/28/73 (3 pages) Excerpts from the Federal Power Commission Principle Electric Facilities in the United States, 1972 Map,

 ,                                                        shouing generation and transmission in Michigan.

DJ 2 ---- 1674 12/4/73 (4 pages) August 20, 1928, opinion of the Attorney General of the State of Michigan, holding that an exclusive franchise for use of highways is unreasonabic restriction under Section 28, Articic 8 of the Michigan Constitution, and that a township is with-out authority to grant such exclusive franchises. DJ 3 ---- 1674 12/4/73 (2 pages) Public acts of the State of Michigan, Act 69 of 1929. "An act to define and regulate certain public utilities and to require them to secure certificate of convenience of necessity in certain cases." DJ 4 ---- 1674 12/4/73 (3 pages) Title 22, Michigan statutes annotated Section 22.142. Act 69 of

                                                         ~1929, supra.

DJ 5 ---- 1674 12/4/73 (13 pages) Title 8 Michigan Statutes annotated, Section 8.71 through 3.94. "An Act to authori=c any city having a popula-tion of 25,000 or more to take for public use the absolute title in fcn to any public utility for supplying water, light, heat, power or transportation to the municipality

                                                 .        and the inhabitants thereof within or without its corporate limits."

 .

• Page 2 Exhibit Page Marked Page Accepted Date No. For_ID Into Evidence Admitted Description of Exhibit DJ 6 1584 1585 12/4/73 (2 pages) Act 264 of 1905. (The Fcote Act) "An Act to authorice under certain conditions and restrictions the use of public streets, allevs and highways by persons, firms or corporations engaged in the manufacture, transmission and distri-bution of electricity for lighting, heating and pcuer purpccec."

DJ 7 1225 1225 11/29/73 (2 pages) United States Depart' ment of Agriculture Rural Electrification Administraticn revised Bulletin 20-6. DJ 8 991 991 11/27/73 (4 pages) Various correspondence relating to the extension of Michigan Public Service Commission jurisdiction over electric cooperatives in the-State of Michigan. (A) (1 page) A December 22, 1965 letter' from Peter B. Spivack, Chairman of the Michigan Public Service Commission to Oceana Electric Cooperative informing the cooperative that the Commission is extending jurisdiction. ( BT (1 page) A December 17, 1965, letter from Ilarley Johnston, manager of Oceana Electric Cooperative, to Peter II . Spivack, chairman of the Public Service Commission, regarding Michigan Public Service Commission jurisdiction over REA cooperatives.

Page 3 Exhibit- Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit (C) (2 pages) A Decc1ber 22,1965 unaddressed letter from F. M. Hoppe, Director of Fublic Utilities, Michigan

                                                                                                       - Public Service Commission, informing REA cooperatives of the Commission's intention to extend its regulation to cover cooperatives, cnd requesting certain information frca the cooperatives.

DJ 9 964 965 11/27/73 (9 pages) A Rules and Regulation Order of the Michigan Public Service Commission, i dated March 24, 1966, adopting rulcs governing the extension of single phase electric service in area served by two or more electric utilities. i DJ 10 ---- 1674 12/4/73 (2 pages) A March 3, 1966, document prepared by Consumers Pouer Company. entitled " Comments on Proposed Rules for the Extension of Electric Service in Areas Served by Both Privately Owned Electric Utility and Cooperatives." DJ 11 971 971 11/27/73 (3 pages) Proposed rules governing the extension of single and three-phase electric service in areas served by two or more utilities. DJ 12 937 937 11/27/73 (1 page) A CP Co. ir.ternal dccument, dated February 26, 1968, prepared by R. L. Paul, eatitled " Municipal Electric Systems Purchase or Lease Offers." DJ 13 ---- 1674 12/4/73 (1 page) An undated CP Co. internal dccument listing electric utility systems interconnected with Consumers Power Co.

Page 4 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of E: hibit

                            ~

DJ 14 942 942 11/27/74 (3 pages) Reply of Applicant, Consumers Pouer Co., to Questicns 9 and 10 of questionnaire submitted by Department of Justice, uhich reply lists nonaffiliated electric systems with peak loads smaller than Applicant which serve, either at . uholesale or retail, arecs adjacent to those served by Applicant. [llandwritten markinj made by )DJRcugh (9 pages personnel draft &and should bedraf final disregarded. t ] DJ 15 ---- 1674 12/4/73 of a CP Co. internal document entitled

                                                  " Consumers Power Co. Municipal and Rural Electrification Administration Activities.

(27 pages) Corporate tree of Consumers DJ 16 1680 (objected rejected Pouer Co. to 12/4/73) 12/13/73 DJ 17 1680 (objected rejected (11 pages) Excerpts from 64th Cong., to 12/4/73 12/13/73 1st Sess., Sen. Doc. 316 (19161 Part II, Tabic 55, regarding electric power develop-ment in the U. S. The execrpted portion relates to the State of Michigan. DJ 18 1292 1298 11/29/73 A map siioning electric transmission lines of Consumers Power Co., the Detroit Edison Company, Rural Electric Coopera-tives, and Cities having municipally ovned facilities. ,(Updated version of map submitted by ApplL? ant in its applica-tion for license). DJ 19 919 927 11/27/73 A map shouing the franchise service area of privately owned utilities and general service area.of rural electric coopera-tives and municipals systems in the State of Michigan. (Submitted in the license application by Applicant)

Page 3-Exhib'it Page Marked Page Accepted Dcte No. For ID Into Evidence Admitted Description of E:chibit DJ 20 1134 1134 11/20/73 A map showing the present and pr.oposed trausnissica systems of Northern Michigan Electric Cooperative and Uolverine Electric Coorerative. DJ 21 1286 1286 11/29/73 The 1972 Annual Report of Consumers Power Company to its chareholders. DJ 21(A) ---- ---- --- The 1973 Annual Report of Consumers Power Company to its shareholders. DJ 22 1205 1205 11/28/73 (1 page) A July 20, 1971, letter from A. E. Steinbrccher, Manager of Northern Michigan Electric Cooperative, Inc., to Consumers Pouer Co., attention Mr. R. L. Paul, informing Consumers Pouer Co. of Northern Michigan's interest in c::ploring participation in the cwnership and out-put of the Midland nuclear Units. DJ 23 1206 1206 11/28/73 (1 page) A July 22, 1971, letter from R. L. Paul to Mr. A. E. Steinbrecher acknouledging roccipt of Mr. Steinbrecher's July 20, 1971, letter. DJ 24 1208 1208 11/28/73 (1 page) A May 24, 1971, letter of Mr. J. D. Wolfe, Director of Traverse City Light and Pcaer, indicating an interest en the part of Traverse City in obtaining a share of the generating capacity of the Midland units and in an arrangement for wheeling this energy over Consumers Power transmission system.

Page 6 Exhibit Page Marked Page Accepted Da e.e - No. For ID Into Evidence Admitted Description of Exhibit , DJ 25 1209 1209 11/26/73 (2 pages) An internal CP Co. memorandum, prepared by E. H. Kaiser, regarding a meeting uith Joe Wolfe, Director of Light and Power for Traverse City, on July 7, 1971, to discuss his inquiry regarding possible purchase of a portion of the Midland plant. DJ 26 ---- 1674 12/4/73 (1 page) A November 4,1971, letter from J. R. Endicott, Director of the Eaard of Public Utilities, City of Coldwater, Michigan, to Robert E. Brewster, Marketing Superintendant of Consumers Power Co., requesting information necessary to plan for Colduater's future electric requirements. DJ 27 1215 1217 11/29/73 (1 page) A July 29, 1971, letter frcm Fred J. Lutz, of Lutz, Daily and Brain, consulting engineers for tha City of Grand Haven, Michigan, indicating an interest on the part of Grand Haven in purchasing a direct intercat in the Midland nucicar plant. DJ 28 1215 1217 11/29/73 (1 page) An August 16, 1971, letter from R. L. Paul to Lutz, Daily and Brain, acknowledging receipt of- their July 20, 1971, letter. DJ 29 ---- 1674 ' 12/4/73 (2 pages) An August 7, 1970, letter frcm U. R. Chaney, of Black ana Ventch, co Mr. A. L. Eduards, Director of the Board of Lit and Porcr of the City of Grand Haven, discussing the proposed contract to be of fered by CP Co. to Wolverine R. E. C. and the other members of the MMCPP.

Page 7 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 30 1586 1587 12/4/73 (4 pages) An April 16, 1955, letter from B. D. Ililty of Consumers Pouer Co. to the Mayor and City Commissioners of the City of Traverse City discussing Consumers Fouer Co.'s offer to lease the city electric system. DJ 31 1674 12/4/73 (2 pages) A March 19, 1968, letter frore R. L. Paul to B. D. Hilty, reporting a . tecting with Joe Wolfe of the City of Traverse City and Bob Daverman of Daverman and Associates in uhich the general terms

and conditions under uhich CP Co. could make available an interconnection to Traverse City electric system uns discussed.

DJ 32 1168 1172 11/28/73 (6 pages) (A) (4 pagesT A November 13, 1963, report prepared by A. J. Hodge of , Daverman Associates on "the basis for negotiations with Consumers Power Co." on behalf of Northern Michigan Electric Cooperative with Wolverine Electric Cooperative. ( B) (2 pages) A December 27, 1963, letter from R. J. Daverman to B. G. Campbell, Vice President of Consumers Pouer Co., relating to negotiations for an interconnection between Northern Michigan and CP Co. DJ 33 1168 1172 11/28/73 (1 page), A January 17, 1964, letter from B. G. Campbell to R. J. Daverman regarding a proposal by CP Co. to supply the energy requirements for the Wolverine Electric Cooperctive and

                                              .Horthern Michigan Electric Cocperative.

Page 8 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 34 1169 1172 11/28/73 (1 page) A January 31, 1964, letter from B. G. Ccmpbell to R. J. Daverman regarding negotiations between CP Co. and Northern Michigan and Wolverine. DJ 35 1169 1174 11/28/73 (2 pages) A January 31, 1964, letter

                  .                                                                       frcm R. J. Dnverman to A. E. Steinbrecher of Marthnrn I & hi~,, '"0 r :d Ida !?on of Uolverine IC.C, re.;ccc.g to n :gociaticus with CP Co. for an interconnection with enclosure (memo of meeting of 1/20/;64 with Applicant).

DJ 36 1169 1175 11/28/73 (3 pages) A March-20, 1964, report prepared by A. J. Hodge regarding a contract proposal from CP Co. to , Northern Michigan and Wolverine Electric Cooperatives and meeting with CP Co. 3/20/64. (Consumers wanted to obtain all of cooperatives future load growth.) DJ 37 1169 1175 11/28/73 (5 pages) An April 21, 1964, Ictter frcm B. G. Campbell to R. J. Daverman relating to negotiations for an inter-connection with Consumers Power Co. by Northern Michigan and Wolverine Electric Cooperatives. DJ 38 1155 1156 11/28/73 (5 pages) (A) A May 5, 1964, letter from A. E. Steinbrecher, Manager of Northern Michigan Electric Cooperative, to R. J. Daverman reflecting Mr. Steinbrecher's reaction to the Consumers Power Co. contract proposal and suggests requests for power pooling proposals.

Page 9 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of E:p.phit ( B) A lhy 8, 1964, ietter from R. J. Dcycrean to B. G. Campbell cccT. anting on CP Co. proposal, dated April 21, 1964. (G & T's as established power suppliers feel strongly L' tat an: cffort should be made to consider the possibility of some , form of an interchange agreer.ent based upcn the general principles of pouer pooling, possibly along the lines of your present agreement with the Detroit Edison Company or following the pattern of pooling agreements uhich have been developed in recent years in other states.) DJ 39 1159 1159 11/28/73 (2 pages) A May 27, 1964, Daverman Associates report, prepared by R. J. Daverman, regarding CP Co. proposal dated April 21, 1964, to Northern Michigan Electric Coop, and Wolverine Electric Coop. The report indicates that Mr. Campbell stated that CP Co. vas definitely not interested in entering into some fonn of pooling or interchange arrangement uith either Northern !!ichigan or Wolverine. DJ 40 1160 1160 11/28/73 (2 pages) A June 30, 1964, letter from R. J. Daverman to B. G. Campbell relat-ing to CP Co. poacr supply proposal to Northern Michigan and Wolverine Electric Cooperatives. The letter states that on several occasions Mr. Campbell was specifically asked to ccnsider some form of interchange agree-ment sit.:ilar te that

• hich CP Ca. bcd entared into with D. rroit Zdinon Co.

Page 10 Er.hibit Pr.g 2 Marked Page Accepted Dnte No. For ID Into Evidence Admitted Description oF E::hibit DJ 41 1164 1164 11/23/73 (3 pages) A November 16, 1964, letter frem B. G. Campbell to R. J. Daverman attaching Mr. Campbell's reply to a Ictter received frca Mr. !!. B. Lee, Director of Pouer Supply Division, Rural Electrification Administrntion. Mr. Campbell' letter indicates thct CP Co. was aware of Northern Michigan cnd Ucivrrhn's streng desire to interconneet and puoi ith CP Cc. DJ 42 1241 1242 11/29/73 (2 pages) A February 16, 1965, letter from B. G. Campbell to Richard H. Ucod, Assistant Administra tor, U. S. Depart-ment of Agriculture, Rural Electrification Administration, uherein Mr. Campbell asserts that a loan for additional generation for Wolverine and Northern Michigan Electric Cooperatives vould result in higher cost for the distribution cooperatives. DJ 43 ---- 1674 12/4/73 (2 pages) February 18, 1964, unaddressed letter frcm B. G. Campbell, which apparently was sent to all REA distribution coopera-tive managers. The letter alleges that acceptance by Uolverine and Northern Michigan of Consumers' short term and long term power supply proposal would result in a reduction of cost of energy to the distribution coops of from 10% to 15%. DJ 44 ---- 1674 12/4/73 (1 page) A March 31 letter from Richard H. Uood, Assistant Administrator, U. S. Department of Agriculture, Rural Electrification Administration, to B. G. Campbell, affirming a prior letter of December 5, 1964,and alleging that the ecsts of power under Consumers' proposal to Uolverine in Northern Michigan e::ceeds alternate methods availabic to the coopera-tives obtaining such pouer.

Page 11 ~ Exhibit Page Marked Dage Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 45 ---- 1674 12/4/73 (2 pages) An April 6, 1965, Ictter from Jchn Keen, Manager of Wolverine Electric Cooperative to Congressman Raymond F. Clevenger, discussing a letter by Mr. B. G. Campbell which alleged that the cost of power avaliabic to Northern Michigan and Wolverine by purchase from Consumers uas less than self-generation. DJ 46 ---- 1674 12/4/73 (1 page) A July 27,1965, CP Co. internal memorandum discussing the cost of generation for units proposed by Northern Michigan Electric Cooperative and Wolverine Cooperative. DJ47 1176 1178 11/28/73 (1 page) A January 30, 1967, 1ctter 1674 12/4/73 from R. J. Daverman to B. G. Campbell regarding the possibility of a neu interchange agreement betecen northera Michigan and CP Co. which vould permit tuo-uay interchange of energency capacity

      .                                       and other forms of reserves sharing. The letter contains a handuritten note read-ing "Same old story! Uc are working on it and will keep you informed."

DJ 48 1180 1181 11/28/73 (2 pages) A liarch 2,196 7, letter frca 1674 12/4/73 R. L. Paul to R. J. Daverman regarding - negotiations between Northern Michigan Electric Cooperative and Consumers Pcuer Co. for emergency interchange of power, purchase of spinning reserves and purchase of economy power. DJ 49 1197 1197 11/28/73 (A) (1 page) A July 14, 1967, letter 1674 12/4/73 from R. L. Paul to R. J. Daverman denying interconnection with Northern Michigan Elcetric Cooperative as not being mutually beneficial.

          -                                                                             Page 12 Exhibit Page Marked Page Accepted   Date No.      For ID   Into Evidence Admitted        Description of E::hibit (B)    (1 page)   A December 19, 1967, letter from R. L. Paul to John Kcen,1cnager of Wolverine Electric Coop., 9 ggesting a meeting to discuss the "a.utual benefits" of an interconnection uith CP Co. Duc to poorness of reproduction the September 19, 1967. letter has been reproduced by the Depart ment.

DJ 50 ---- 1674 12/4/73 (7 pages) A series of memoranda. (A) (2 pages) A December 23, 1966, memorandom entitled "Cor.ments Regarding Georgia Pouer v. Crisp County Case." Prepared by E. II. Kaiser. (B) (3 pages) An undated memorandum by E. !!. Kaiser entitled " Meeting with New England Electric System." (C) (1 page) A June 23, 1967, memoraadum by R. L. Paul recording a meeting held in Mr. B. G. Campbell's offica on June 20, 1967, for the purpose of revicuing CP Co. policy on interchange agreements. ( D) (1 page) An April 1, 1963, memo-randum by E. H. Kaiser entitled " Pooling Policies with Municipals and RCA's llaving Operation and Uishing to. Participate in Mutual Support for Enargencies." DJ 51 ---- 1674 12/4/73 (1 page) A December 7,1967, memorandum by R. L. Paul regarding a macting held December 6,1967, uith Northern Michigan Rural Electric Cooperative, CP Co. and

                                                 !!ichigan Public Service Commission relative to continuance of the ALEA Interconnection between CP Co. and litchigan and Northern Michigan.

Page 13 Exhibit Page Marked cage Accepted Dnte No. For ID Into Evidence Admitted Daceription of Fxhibit DJ 52 ---- 1674 12/4/73 (3 pages) June 28, 1968, =cmorandum prepared by R. J. Daverman regarding a meeting bet::cen Northern I!ichigan, Wolverine and participants froai the Rural Electrification Administration to discuss a joint power supply study for Northern 111chigan and Uo1verine Electric Cooperatives. DJ 53 1183 1185 11/28/73 (3 pages) A bucks 11p frca R. A. Conden 1674 12/4/73 to D. G. Campbell attaching an August 13, 1969, letter from John Keen to B. G. Campbell which requests CP Co. to enter into an interchange or pooling type of arrangement with Wolverine. DJ 54 1186 1187 11/28/73 (3 pages) A June 8, 1970, 1ctter from 1674 12/4/73 John Keen to R. L. Paul regarding a preliminary proposal for interchange and uholesale poner purchase between CP Co. and the 111chigan llenicipal and Cooperative Pouer Pool. 't0iCPP) . DJ 55 1187 1188 11/28/73 -(6 pages) A July 2, 1970, letter from 1674 12/4/73 R. L. Paul to John Keen regarding CP Co.'s preliminary proposal for interchange and wholesale poner purchase agreement bar:'cen CP Co. and the IGICPP. DJ 56 1189 1190 11/28/73 (3 pages) January 8, 1971, letter from 1674 12/4/73 R. L. Paul to John Keen regarding CP Co. proposed interchange-wholecale potier purchase agreement. (including 1 page IDICPP Pool load estimate by Daverman dated December 18, 1970).

Page 14 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Descrintion of Exhibit DJ 57 1191 1191 11/28/73 (20 pages) A 2-page February 3, 1971, 1674 12/4/73 letter frcm R. L. Paul to John Kean accompanying an 18-page draft of the proposed agreement for interchange with the wholesale poner purchase between . CP Co. and the IC'CPP. DJ 58 1191 1193 11/28/73 (1 page) A September 17, 1971, letter 1674 12/4/73 from John Keen to R. L. Paul regarding negotiations for agreement betucen CP Co. and the MMCPP requesting a meeting to negotiate several types of coordination. DJ 59 1193 1193 11/28/73 (1 page) An ocother 5, 1971, letter 1674 12/4/73 frcm R. L. Paul to John Keen acknowledging receipt of Mr. Keen's September 17, 1971, letter requesting these items be deferred to another time. DJ 60 1194 1194 11/28/73 (4 pages)

                                                                                    ~

An April 24, 1972, letter from 1674 12/4/73 John Keen to R. L. Paul summarizing the position of the MMCPP uith recpect to its contract negotiaticns with CP Co. to date. . DJ 61 1143 1152 11/28/73 (19 pages) A September 20, 1972, draft 1674 12/4/73 of the " Agreement for Interchange in Uholesale Power Purchase Between Consumers Power Ccapany and Morthern Michigan Electric Cooperative, Inc., Uolverine Electric Cooperative, Inc., City of Grand Haven, Michigan, and City of Traverse City, Michigan." (121CPP) DJ 62 1143 1152 11/28/73 (17 pages) An " outline draft" of an 1674 12/4/73 agreement for interconnection and power and energy interchange between CP Co. and the IriCPP dated Novereber 24, 1972.

Page 15

  ' Exhibit Page Marked Page Accepted      Date No.       For ID   Into Evidence   Admitted      Description of Exhibit i

" DJ 63 1143 1152 -11/28/73 (37 pages) A January 29, 1973, draft

                           .1674         12/4/73  of an interconnection agreement betueen

' CP Co. and the MMCPP (27 pages); and a January 16, 1973 draft (10 pages). DJ 64- 1153 1153 11/28/73

                                                                            ~

(5 pages) A December 20, 1967, agree-1674 12/4/73 cent between CP Co. and Northern Michigan Electric Coop., Inc. 4 1 0 9

Page 16 DEPARTMENT OF .iUSTICE EXHIBITS - VOLUME II - Exhibit Page Marked Page Accepted Da;c No. For ID Into Evidence Admitted Description of Exhibit , DJ 65 1163 1634 12/4/73 (4 pages) A May 21, 1962, study entitled

                                              ,      " Preliminary Report on Pool Studies."

DJ 66 ---- 1674 12/4/73 (15 pages) An undated repart obtained from CP Co. files discussing coordinated planning and development'of the Michigan Pool, coordinated planning and develop-ment of Michigan Ontario connection and coordinated planning and development

                       ,                             of the MII0 pool (Michigan, Indiana, Illinois, Ohio).

DJ 67 ---- 1674 12/4/73 (43 pages) The recently executed c1cceric coordination agreement between Consumers Power Co. and Datroit Edison Company, dated May 1, 1973. DJ 68 ---- 1674 12/4/73 (4 pages) A January 4, 1963, press release regarding the entry of CP Co. and Detroit Ed.ison Co. into an inter- , connection or pooling arrangement. DJ 69 1638 1640 12/4/73 (10 pages) A 1965 IEEE conference paper entitled " Consumers Pouer--Datroit Edisca Pcwcr Pool," prepared by 11. C. Reisner, Assistant Manager, Systems Development, The Detroit Edison Co. and W. J. Mosley, Director of Power Pholing Activitics, Consumers Power Co. DJ 70(A) 1651 1662 12/4/73 (20 pages) . (A) (5 pages) A document, dated January 8, 1969, prepared by W. J. Mosley, entitled " Notes on Michigan Electric Power Pooling Agreement."

Page 17 Exhibit Page Marked Page Accepted Dnte No. For ID Into Evidence Admitted Der.c rint ion of Exhi bi t DJ 70(B) 1652 1662 12/4/73 (B) (15 pages) A series of charts, graphs and figures prepared in 1961 indicating the savings in annual costs to Consumers of the Michigan Pool Plan.v. f Indepcndent Development. 'DJ 71 ---- 1674 12/4/73 Electric Power Pooling Agreement between the Detroit Edison Co. and CP Co., dated December 22, 1962, which has been superceded by the contract, uhich is DJ 67. , DJ 72 ---- 1674 12/4/73 (104 pages) The Luddington Pumped-Storage  ; Hydroelectric Generating Plant ownership " agreement between CP Co. and the Detroit Edison Co. DJ 73 ---- 1674 12/4/73 (30 pages) Interconnection agreement l between CP Co. and Detroit Edison Co. and the Hydroelectric Power Commission of Ontario, dated May 23, 1969. 1 IXI 73(A) 2060 2061 12/7/73 (13 pages) Various supplements to the Interconnection Agreement between CP Co. , Detroit Edison Co., and Hydroelectric p Pouer Commission of Ontario; (ai (4 pagesi Supplement A (Revision 1) (bT (2 pages) Supplement C (Revision IT (c) (4 pagesT Supplement 0 (Revision IT (dT (3 pagesi Supplement S (Revision 1) h DJ 74 ---- 1674 12/4/73 (13 pages) Facilities agreement between CP Co. and the Indiana and Michigan Electric Company, dated September 21, 1971. l'

Parf 18 DEPARTMENT OF JUSTICE EX!!IRITS - VOLGIE III

xhibit- Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of E::hibit LJ 75 ---- 1674 12/4/73 (22 pages) Facilities agreements among CP Co. , the Detroit Edison Co., the Toledo Edison Company, Ohio Power Co..

and Indiana and Michigan Electric Co., dated September 1, 1967. LJ 76 ---- 1674 12/4/73 (35 pages) Area Coordination agreement anong CP Co. , the Detroit Edison Co., Commonwealth Edison Co., Northern Indiana Public Service Co., the Toledo Edison Co. , and Indiat:a and Michigan Electric Co., dated March 1, 1966. )J 77 ---- 1674 12/4/73 (24 pages) East Central Area Reliability Coordination Agreements, dated August 1, 1957, and Supplemental Agreements, dated October 20, 1967, and April 7, 1970. )J 78 ---- 1674 12/4/73 (28 pages') Operating agreement among CP Co., the Detroit Edison Co., and the Indiana and Michigan Electric Co., dated March 1, 1966; 1907 amendment

                                                                                 ~

(3 pages); and Amendment No. 2 (3 pages). DJ 79 ---- 1674 12/4/73 (18 pages) Contract for electric i service between CP Co. and Edison Sault Electric Company, dated October 7, 1963. DJ 80 ---- 1674 12/4/73 (6 pages) Contract for electric service between CP Co. and Edison Sault Electric Cortpany, dated Deccm'aer 1,1956; Supplement No. 1 (2 pages); change to supplement , (1 page).  ; a

        -                                                                                : .. la Exhibit  Page Marked Page Accepted    Date No.      For ID   Into Evidence Admitted       !r n e r i :,r i nn of P'hihir DJ 81       ----

1674 12/4/73 (4 panes) A d icim ent d a t e d "o n rc.be r 14 , 1972, submi tted to ti.a Department by the Edison Sault Electric Co., entitled

                                             " Proposal for Increase Wholesale Power Purchase Betueen Consumers Pouer Co.

and Edison Sault Electric Co." DJ 82 ---- 1674 12/4/73 (2 pages) An Edison Sault Electric Co. internal memornadum froa William R. Gregory i and R. C. Kline to Russell O. King, regard-in,1 a conference with CP Co. on October 3, 1972, where at reserve requirements and cost-to-reserve capacity was discussed. DJ 83 ---- 1674 12/4/73 (2 pages) An October 16. 1972, internal Edison Sault Electric Co. memorandum regarding CP Co. proposal to Edison Sault. (Edison Sault could chose either to be a wholesale customer or to inter-connect under a contract with a severe racthet clause for emergency capacity.) DJ 84 ---- 1674 12/4/73 (6 pages) A November 13, 1972, internal Edison Sault Electric Co. memorandum regarding CP Co. proposal of either a wholesale contract or interconnection contract. The former uould be more expensive than the interconnection contract, even if Edison Sault were required to purchase reserve from Consumers, i DJ 85 ---- 1674 12/4/73 (4 pages) A memorandum prepared by Robert C. Kline, Jr., regarding a j meeting November 14, 1970, betueen Edison Sault Electric Co. and representa-tives of CP Co., wherein Edison Sault learned that an interconnection agree-acnt was not available from CP Co.

1 . 1. - :: c, Exhibit Page Marked Page Accepted Da te No. For ID Into Evidence Asmitted b vr M I n < ' hi' i' DJ 86 ---- 1674 12/4/73 (1 page) A I:0vember 17, 1972, letter from W. A. Hedgecock, Vice President of CP Co. , to Rober. ' Kline, Vice Chairman, Board of Directc 2 Edison Sault Electric Co., officially itting a proposal for increased thcieuale pcuer purchase, dated Hovember 14, 1972. The letter indicates that the only provision in the attached proposal that has been Icft open is the initial term of the contract. DJ 87 ---- 1674 12/4/73 (1 page) A November 20, 1972, letter from Robert C. Kline to W. A. Hedgecock acknowledging receipt of Mr. Hedgecock's November 17, 1972, letter. DJ ;88 ---- 1674 12/4/73 (1 page) December 8, 1972, letter from Robert C. Kline to U. A. Hedgecock informing Mr. Hedgecock that the Edison Sault's Board of Directors authorized management to proceed with all steps necessary to culminate negotiations. DJ 89 ---- 1674 12/4/73 (27 pages) A May 3, 1972, letter from Robert C. Kline to Earl B. Clomparens, Secretary of the Michigan Public Service Commission, transmitting a statement under Co. oath of the Edison Sault Electric - regarding the Co.mmission's study of the ~ energy requirements for gas and electricity and the ability of electric and gas utilities to meet such requirements. DJ 90 ---- 1674 12/4/73 (6 pages) A contract for electric services betueen Consumers Power Co. and the City of Colduater, Michigen, dated February 14, 1972.

Page 21 Exhibit Page Marked Page Accepted No. Date For ID Into Evidence Admitted Dercription of Exhibit DJ 91 ---- 1674 12/4/73 (8 pcges) Agreement for electric services between CP Co. and the City of Lansing, Michigan, de'nd May 15, 1964. DJ 92 ---- 1674 12/4/73 (21 pages) Interconnec -... ogreement between Consumers Power Co. and the City of Lansing, Michigan, dated October 7, 1970. DJ 92(A) 2200 2210 12/11/73 (6 pages) Supplemental Agreement between City of Lansing and CP Co. dated October 23, 1973. DJ 93 ---- 1674 12/4/73 (7 pages) Contract for electric service between CP Co. and the South Eastern Michigan Rural Electric Cooperative, dated May 21, 1967. DJ 94 ---- 1674 12/4/73 (6 pages) Contract for electric services between CP Co. and the City of Eay City, Michigan, dated February 13, 1967. DJ 95 ---- 1674 12/4/73 (11 pages) Contract for electric services between CP Co. and the Alpena Power Co. of Alpena, Michigan, dated June 27, 1966. DJ 96 ---- 1674 12/4/73 (3 pages) Supplement Agreement No. I to contract for electric service betueen CP Co. and the Alpena Pouer Co., dated September 27, 1971. DJ 97 ---- 1674 12/4/73 (13 pages) Various material relating to the application of CP Co. before Michigan Public Service Commission, for approval of a special contract for the cale nr.d purchase of electric energy uith Alpena Power Co. , da ted December 7, 1966.

s__ . - Exhibit Page Marked Page Accepted Oate No. For ID Into Evidence Admitted Description of D hihtt DJ 98 ---- 1674 12/'s/73 (10 pages) An undated (apparently une::ccuted) contract betueen CP Co. and the Village of Chelsea, Michigan, for electric service for resale.

DJ 99 ----

1674 12/4/73 (6 pages) Contract for -_uerric service between Consumers Power Co. and the City of Holland, Michigan, dated October 6, 1955. DJ 100 ---- 1674 12/4/73 (16 pages) Agreement for electric service betueen CP Co. and the City _of Holland, Michigan, including Supplement No. 1. (unsigned) DJ 101 ---- 1674 12/4/73 (4 pages) Supplemental Agreement No. 2 between CP Co. , the City of Holland, Michigan, dated September 3, 1969; and transmittal letter of G. E. Bell. DJ 102 ---- 1674 12/4/73 (5 pages) Supplemental Agreement No. 3 betueen CP Co. and the City of Holland, Michigan, dated October 21, 1970 ; and transmittal memo of E. H. Kaiser. DJ 103 ---- 1674 12/4/73 (4 pages) Supplemental Agreement No. 4 between Consumers Power Co. and the City of Holland, Michigan, dated October 21, 1971; and transmittal memo of E. H. Kaiser. , DJ 104(A) 1120 1122 11/28/73 (A) (33 pages) Michigan Mani-ipal and Cooperative Power Pool Agreement ("MMCPP") betueen Wolverine Electric Coop., Inc., Northern Michigan Electric Coop., Inc., Grand Haven Board of Light and Power and the City of Traverse City, dated August 21, 1968. DJ 104(B) 1122 1150 11/28/73 (B) (33 pngen) Letter frcm U. C. - Macris of the Rural Electrification Administration to Jchn Keen, Manager of Wolverino Electric Con ~rafi~ .

b Page 23 L Exhibit Page Marked Page Accepted Date

• No. For ID Into c.vi.dence Adnit t ed b erintien c1 .c h i b i t DJ 105 1139 1139 11/28/73 (27 pagen) Interconnection agreement between CP Co. and Northern Michigan t Electric Cooperative, Inc., Wolverine (

Electric Coop., Inc., City of Grand { Haven, Michigan, and City of Traverse City, Michigan, dated September 1, 1973.

   'DJ 106    1116            1116       11/28/73   (6 pages) Excerpt from the 1971 Annual Statistical Report of Energy Purchase by EEA Borrowers for the Calendar Year Ended Deccaber 31, 1971, pubiished by the U. S.

Department of Agriculture Rural Electrification Administration. j DJ 107 961 961 11/27/73 Excerpt from the 33rd Annual Report of Energy Purchase by REA Borrowers for the Calendar Year Ended December 31, 1971 published by the U. S. Department i of Agriculture Rural Electrification Administration. j l DJ 108 1115 1115 11/28/73 (A) (7 pages) Excerpt from Statistics of Publicly Owned Electric Utilities f in the United States, 1971, published by the Federal Power Commission. (B) (5 pages) Excerpt from Statistics I of. Privately Owned Electric Utilities .

                       >                              in the United States, 1971, published                             ,

by the Federal Power Commission. 929 11/27/73 (11 pages) Excerpt from the McGraw-Hill DJ 109 929 Directory of Electric Utilities, 1972. 1

                                                                                                                  .l

  -m-___--          -           - .._. _.__._ _     . _ _ _ _ . . _
  }

5 . 1 . w,. .. DdPA'fIMCT OF Jt! STICK EXilI311S - Vol l!".E IV j Exhibit Page Market Page Accepted unte No. For ID Into Evidence Admitted Descript i.on of E:ch ibit DJ 110 998 998 11/27/73 (15 pages) Correcponder.:e and memoranda i relating to territoria't agreement between CP Co. and Detroit Edison, June,1966--

j. May, 1968.

DJ 111 ---- 1674 12/4/73 (1 page) A May 13, 1966, Ictter from B. G. Campbell to A. H. Aymond, relating I to purchase of the City of Uycming ) Municipal Lighting System, wherein it is stated that "this purchase uill eliminate another potential nunicipal , electric system." [ DJ 112 ---- 1674 12/4/73 (1 page) A letter, dated Septemner 20, 1960, from R. M. Kopper, Executive Assistant of Indiana and Michigan Electric Co., to B. G. Campbell informing Mr. Campbell that I & M uould not supply electric service to Southeastern Michigan REA. h DJ 113 1680 4655 1/29/74 (1 page)- A September 20, 1960,1ctter l (obj ected to from R. M. Kopper to J. J. Lc::cr, due to Manager of Southeastern Michigan REC, illegibility informing Mr. Louer that I & M ulli not 12/4/73) be able to offer electric service to Southeastern and that neither vill

 ;                                                                          Ohio Pouer be in a position to assume utility responsibility of applying electric service to Southeastern. (Appli-cant is to provide a legible copy.)

j DJ 114 ---- 1674 12/4/73 (4 pages) A March 17, 1965,1ctter from

                                                                           -Mathew L. Bruce of CP Co. to Frank B.

Adams , also of CP Co. , regarding South-j castern Michigan Rural Electric Cooperative. I i

Page 25 5xhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 115 ---- 1674 12/4/73 (3 pages) A November letter 17, 1964,B. frca Mathou L. Bruce to Frank Adams regcrding the " aggressive competitien"

                                          . CP Co. was experiencing uith the South-eastern liichigan Rural Electric Cooperative.

DJ 116 ---- 1674 12/4/73 (2 pages) A June 17, 1965, letter from Mathew Bruce ,to Frank B. Adams regarding competition uith Southeastern Michigan REC to serve the National Corn Picking Contest. DJ 117 ---- 1674 12/4/73 (2 pages) A June 28, 1955, Ictter frca J. J. Lover, General I!anc::::r of South-eastern Michigan Eural Elcetric Coop. to B. G. Campbell, concerning the com-petitive relationship betucen CP Co. and Southeastern Michigan REC. DJ 118 ---- 1674 12/4/73 (6 pages) July 6, 1956, letter frcm Mathew L. Bruce to Frank B. Adams captioned " Customers Activity-Southeastern Michigan Rural Electric Cooperative versus Consumers Power Company, Adrian Area." DJ 119 ---- 1674 12/4/73 (2 pages) July 21,1965, Ictter frcm B. G. Ccmpbell to J. J. Lcuer, stating that sarvice by Scutheastern of the National Corn Picking Contest uould be considered an "open act of aggression." The letter goes on to state that "perhaps it is desirable to terminate our relation-ship." DJ 120 ---- 1674 12/4/73 (1 page) A December 23, 1965, letter from Mathew L. Bruce to Frank B. Adams, transmitting information that South-eastern Michigan had cpprocched the City of Clinton as ucl1 as Euckeye Cooperative in Ohio to seek an alterna-tive source of power.

           ~

Page 26 . Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 121 ---- 1674 12/4/73 (6 pages) A January 31, 1966, letter from E. O. George, Senior Vice President of Detroit Edison Co., to B. G. Campbell,

                                 ,              enclosing a copy of the electric supply agreement which Detroit Edison had mailed to Southeastern Michigan Rural Electric Cooperative and asked Mr. Campbell to contract Mr. George if he had "any questions regarding this contract or this situation."

DJ 122 ---- 1674 12/4/73 (2 pages) A July 18, 1966, letter from D. G. Ries, President of Southeastern Michigan REC to B. G. Campbell, regarding the intent of CP Co. to teri..Inate its contract with Southeastern Michigan and informing Mr. Campbell of Southeastern's intent to explore the possibility of 4 obtaining some other lower cost of , poner source. DJ 123 ---- 1674 12/4/73 (1 page) An April 16, 1969, internal Consumers memorandum by R. L. Paul 4 regarding special meeting of the Board of Directors of Southeastern Michigan REC, which tcok place April 11, 1969. DJ 124 ---- 1674 12/4/73 (2 pages) Internal CP Co. Correspondence - from M. L. Bruce to R. L. Paul, dated May 14, 1969, regarding Southeastern Michigan Rural Electric Cooperative. DJ 125 ---- 1674 12/4/73 (2 pages) A June 10, 1969, letter from M. L. Bruce to Richard Stutesman of Southeastern Michigan Rural Electric Cooperative confirming the major points discussed in a meeting June 5, 1969, betucen CP Co. and the Board of South-

~
!                                               castcru REC. Among other items discussed j                                               at this meeting, according to the letter,

Page 27 Exhibit Page Fjarked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit were that Consumers Power Co. wculd be interested in purchasing the cooperative if it were for sale and that Consumers Power Co. would not be willing to wheci power from Ohio to Southeastern. ("Ilas no provision for wheeling power.") DJ 126 ----

                      ^

1674 12/4/73 (1 page) A June 29, 1971, memo to files from W. J. Mosicy of CP Co. regarding Southeastern Michigan REC's pouer supply. DJ 127 ---- 1674 12/4/73 (14 pages) Reply of the Toledo Edison Co. to subpoena duces tecum issued in the matter of Consumers Power Co. , Midland Units 1 and 2. DJ 128 ---- 1674 12/4/73 Various materials obtained from the U. S. Dep'artment of Agriculture and certified as a true, correct and compared copy of a document in the official custody of the Department of Agriculture. The certificate lists the documents and is attached hereto as Appendix A. DJ 129 ---- 1674 12/4/73 (1 page) Daccmber 4, 1963,1cteer from Warren D. Sundstrand, to Consumers

                                                  - Power Company, attention R. L. Paul,
                      -                             transmitting the billings of Michigan Cas & Electric Co. to the City of Paw Paw, Michigan.

DJ 130 ---- 1674 12/4/73 (2 pages) October 13, 1964, letter from Richard J. Dillori, President of the Village of Paw Paw, Michigan, to Joseph H. Cuthride, Secretary of the Federal Power Commission, requesting the FPC to investigate the rates the Village was paying to Michigan Gas & Electric Company, which vere substantially higher than , these obtainabic frcm either CP Co. or Indiana cad Michigan Electric Ccmpany.

Page 28 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 131 ---- 1674 12/4/73 (10 pages) October 12, 1066, letter from A. H. Lee; Division Manager, CP Co. , to President and Council, Village of Paw Paw, Michigan, transmitting estimates of both partial purchase and total pur-chase requirements for the Village of Paw Paw. DJ 132 ---- 1674 12/4/73 (A) (4 pages) October 13, 1966, letter from R. W. Sampson, Vice President of Michigan Gas & Electric Co., to Warren D. Sundstrand, attorney for the Village of Paw Paw, relating Michigan Gas & Electric's continued interest in serving the Village of Paw Paw and its desire to compete with CP Co.'s proposal to sell power to the Village of Paw Paw. (B) (2 pages) October 17, 1966, letter from Warren D. Sundstrand to R. W. Sampson informing Michigan Gas & Electric

            ,                                       Co, that if a competitive rate is not received from them, the Village of Paw Paw will enter into contract with CP Co.

DJ 133 ---- 1674 12/4/73 (2 pages) October 22, 1966, letter from Donald C. Cook, President of American Electric Power Company,to Warren D. Sundstrand The letter advisns that AEP has applied for authority of the Securities and Exchange Commission to acquire the common stock of Michigan Gas and Electric and if such acquisition is authorized, Michigan Gas and Electric will offer the Village of Pau Paw a contract of supplying the clectric pouer requirements of Paw Paw at rates which will be more favorable than those provided under Consumers Power Company's prcposal.

Page 29 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admit ted Description of Exhibit , DJ 134 ---- 1674 12/4/73 (2 pages) October 27, 1956, letter from Warren D. Sundstrand to Donald C. Cook advising Mr. Cook that unless the Village of Paw Paw obtains an immediate reduction in rates charged by Michigan Gas and Electric, it will enter a contract with CP Co. DJ 135 ---- 1674 12/4/73 (15 pages) November 9, 1966, letter from Donald C. Cook to Warren D. Sundstrand advising Mr. Sundstrand that if AEP's acquisition of Michigan Gas & Electric is approved by the SEC, the Village would be offered pouer for resale distri-bution under the same filed rate that is incorporated in AEP's agreements, through Indiana and Michigan Electric Company, with both the City of South Haven and the City of Sturges, Michigan. DJ 136 ---- 1674 12/4/73 (4 pages) January 31, 1967, letter from Warren D. Sundstrand to Joseph H. Cutride,

                                   ; ;;             Secretary of the Federal Power Commission, relating the history of the Village of Pau Paw's attempt to get a reduced rate from Michigan Gas & Electric Company.

DJ 137 ---- 1674 12/4/73 (1 page) January 24, 1966, letter from . J. B. Falahee, attorney for CP Co. to B. G. Campbell regarding the respon,se to be made by CP Co. to the Village of Paw Paw's request for wholesale electric service and concluding that a final answer cannot be given until sometime after the Federal Power Commission pro-ccedings are concluded.

Page 30 Page Accepted Exhibit Page Marked Date No. For ID Into Evidence Admitted Description of Exhibit DJ 138 ---- 1674 12/4/73 (1 page) November 5, 1966, letter from A. H. Lee, Division Manager of CP Co., to the President and Council oE the Village of Paw Paw advising them that CP Co. was withdrawing its offer to serve the Village. DJ 139 ---- 1674 12/4/73 (1 page) December 12, 1966, letter from F. H. Hoppe, Director of Public Utilities, Michigan Public Service Commis-sion, to Michigan Gas & Electric Company advising that CP Co. had withdrawn their offer to supply wholesale energy to the Villge of Pau Paw and that in view of this action on the part of CP Co. the Public Service Commission was closing its files in that matter. DJ 140 ---- 1674 12/4/73 (1 page) Navember 15, 1966, internal CP Co. memo by R. L. Paul recounting a November 14, 1966, Village of Paw Paw Council meeting. DJ 141 ---- 1674 12/4/73 (4 pages) October 10, 1966, letter from A. H. Lee to President and Council of the Village of Paw Paw, Michigan, submitting a proposal to supply wholesale electric energy to the Village. DJ 142 ---- 1674 12/4/73 (2 pages) September 22, 1966, internal CP Co. correspondence from R. L. Paul to M. W. Balfour regarding a request by the Village of Paw Paw for CP Co. to submit a proposal for supplying wholesale electric power to the Village and requesting authority to negotiate with the Village.

Page 31 Exhibit Page Marked Page Accepted Date ' No. For ID Into Evidence Admitted Description of Exhibit DJ 143 1011 1012 11/28/73 (4 pages) December 3,1965, internal CP Co. correspondence from B. G. Campbell to executive officers and division managers, attaching a Ictter to be sent on December 6,1965, to the presidents, board members, and managers of the seven rural electric cooperatives served by Northern Michigan Electric Cocperative and Wolverinc Electric Cooperative. The December 6 letter recounts a September 21, 1965, meeting with Norman Clapp of Rural Electrification Administration regarding loans to Ucrthern Michigan and Wolverine and further asserts.that the distribution cooperatives in the period 1950 through 1954 paid substantially higher rates to northern Michigan and Wolverine than they would have if they had bought their electricity from CP Co. DJ 144 1011 , 1012 11/28/73 (2 pages) A CP Co. statement of policy to be folloued in providing electric service in franchised areas in which electric service.is also rendered by a rural electric cooperative. DJ 145 1238 1238 11/29/73 - (5 pages) A CP Co. statement, which was to be released December 8, 1965,

                                                                                                                                                       ' relating that seven rural electric distribution cooperatives in Michigan have incurred unnecessary expenses over the last 15 years by buying from the generatica and transmission cooperatives, instead of buying at wholesale from CP Co.

DJ 146 ---- 1674 12/4/73 (1 page) Excerpt from minutes of the

                                                                                                                                                         'oard of Directors meeting, CP Co., dated April 12, 1966, in which it was concluded that in selling the Union Street Dam to the City of Traverse City there was no

Page 32 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit need to include a reverter to CP Co. if the property is used for generation of electricity in that the Dam did not have a sufficient head to provide economic generation. DJ 147 ---- 1674 12/4/73 (2 pages) February 16, 1960, letter from B. D. Hilty to G. J. O'Marra, CP Co., regarding a meeting with Michigan Bell Telephone Company in which a request by the City of Traverse City to Michigan Bell for joint use of poles was discussed. DJ 148 ---- 1674 12/4/73 (12 pages) August 12, 1960, internal CP Co. letter from D. J. McGowan to B. D. Hilty regarding a competitive action prcgram for CP Co. versus the City of Traverse City. DJ 149 ---- 1674 12/4/73 (A) (2 pages) November 18, 1966, letter from Eugene J. Ychl to Cordon A. Low, both of CP Co. , regarding providing service to Canadian Lake of the Clouds, in which it is recommended that the line necessary to serve this development be built at no cost to the customer in that if Consumers does not build this , line, the customer has access to the O & A cooperative. (B) (2 pages) October 27, 1966, letter from Eugene J. Yehl to Ralph Hahn, both of CP Co. , regarding building lines to serve Canadian Lake of the Clouds, in uhich it is urged that by extending CP Co. 's lines in nuch a way to encircle the Lake area, Consumers would be assured of obtaining the entire resort business in the future.

Page 33 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitt ed Descrintion of Exhibit DJ 150 ---- 1674 12/4/73 (2 pages) August 30, 1956, memo from RAC (R. A. Condon) to BGC (B. G. Campbell) regarding an August 29, 1966, meeting between R. L. Paul, W. J. Mosley, R. A. Condon, and A. H. Aymond in which the c::isting interconnection contract with i the City of Holland was revicued. It was recoa.nended to Mr. Aymond that a new interconnection agreement be negotiated with the City of Holland, "the prime reason being that if Consumers Power Company did not maintain this interconnection, undoubtedly the City and Wolverine Electric Coop will enter into such an agreement." DJ 151 ---- 1674 12/4/73 (2.pages) September 22, 1966, memo prepared by R. L. Paul recording a September 20, 1966, meeting with repre-sentatives of the City of Holland, Michigan. DJ 152 ---- 1674 12/4/73 (2 pages) An undated, apparently rough draft, memo recording a conversation of Mr. R. L. Paul with the representatives of the City of Holland on November 20.. DJ 153 ---- 1674 12/4/73 (1 page) A December 12, 1968, internal . memo from R. L. Paul to W. L. Sherwood regarding the City of Holland competition,

                                                ,  wherein it is stated that it appears "The City of Holland no longer intends to honor our so-called ' gentlemen's agree-ment.'"

DJ 154 ---- 1674 12/4/73 (3 pages) February 15, 1962, internal memo prepared by W. L. Sherwood pro-vid!.ng information regarding the municipal utilities of the City 'f Holland o municipal electric utility.

Page 34 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 155 ---- 1674 12/4/73 (4 pages) McVember 16,196l, CP Co. 5 report regarding East Day View. The report states that "with the purchase of the lines in East Bay View area, CP Co. would serve the one mile area between the two municipalities. (Harbor Springs Municipal and the City of Petoskey) If we do not purchase the East Bay Vicw area, and the two municipalities should combine and reinforce their lines, we may have problems holding the present customers we have in this area." DJ 156 ---- 1674 12/4/73 (1 page) July 28, 1969, internal CP Co. correspondence from R. L. Paul regarding the City of Harbor Springs' interests in selling CP Co. a primary distribution line. The document states, "No, of course, are interested in purchasing this line, not only because of the business that will be obtained, but also because this acquisition vill help us secure this area from further penetration by Top 0' Michigan Rural Electric Cooperative." DJ 157 ---- 1674 12/4/73 (1 page) March 1, 1960, letter from G. W. Howard To B. G. Campbell regarding , the Village of Constatine's interest.in either purchasing pouer or selling their electric system to CP Co. The document states, "We realize, of course, that we do not uant to offend the Michigan Gas & Electric Company by serving customers in their area." DJ 158 ~--- '1674 12/4/73 (2 pages) February 20, 1970, internal CP Co. document prepared by R. L. Paul listing the status of. CP Co. 's purchase / acquisition proposals to various electric systems.

Page 35 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 159 ---- 1674 12/4/73 (1 page) September 11, 1962, CP Co. 's document listing municipal systems purchased since 1950. DJ 160 ---- 1674 12/4/73 (1 page) A September 26, 1967, internal CP Co. correspondence from J. F. Callahan to Eugene J. Yc hl recommending that CP Co. absorb the cost of extending lines to ' the Lennard Crude Oil Company in that the REAs, with distribution lines in the area, uill connect this load to their-lines at no charge. DJ 161 ---- 1674 12/4/73 (3 pages) A position responsibilities description of the Director of Power Pooling Activities. DJ 162 ---- 1674 12/4/73 (3 pages) An unsigned December 9, 1965, letter to William Barrons, City Manager, City of St. Louis, Manager, submitting an analysis on the cost to the city for purchasing wholesale power under CP Co. 's wholesale rate. In addition, the letter states the city would realize greater financial gains if it vere to sell its electric utility to CP Co. DJ 163 - 1674 12/4/73, (2 pages) November 22, 1965, letter from R. L. Paul to Fred B. Perry, director of governmental activities for CP Co., listing counties in the lower peninsula uhich could generally be considered within CP Co.'s service area, and in which REA cooperatives are operating.

Page 36 Exhibit Page Marked Page Accepted Date' No. For ID Into Fujdence Admitted Description of Exhibit DJ'164 ---- 1674 12/4/73 (1 page) September 3, 1971, internal-CP Co. correspcndence prepared by R. L. Paul stating that the City of Grand Haven appears to be in violation of the Michigan Constitution's 25% restriction, but that CP Co. does not propose to raise this issue as long as Grand Haven does not procede to serve certair ustomers. DJ 165 ---- 1674 12/4/73 (4 pages) August 30, 1966, memo prepared apparently by E. M. Kaiser and W. J. Mosley regarding the key points of CP Co.'s presentation of the pump storage project to MII0 on August 23, 1967. DJ 166 1680 ---- 12/4/73 (9 pages) February 3, 1966, letter from (objected to) Edwin Vennard, Managing Director of the Edison Electric Institute, to chief executives of member companics, attaching certain information regarding municipal and REA-financed electric utilities. 1 DJ 167 1300 1530 12/4/73 (39 pages) October, 1966, paper prepared (11/29/73) by the Edison Electric Institute on "P rinciples of a Coordinating Agreement . " l

Page 37 DEPARTMENT OF JUSTICE EXHIBITS - VOLUME V Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 168 ---- 1674 12/4/73 (4 pages) June 2, 1964 CP Co. memo regarding " Economic Analysis and Proposal for Standby Power Purchase for the City of South Haven, Michigan." DJ 169 ---- 1674 12/4/73 (1 page) March 6, 1970, internal CP Co. correspondence from R. Paul to H. P. Graves regarding the distribution system in Fawn River Township, wherein it is stated that if a City of Sturgis refuses to sell this distribution system, CP Co. could "still go in and duplicate their facilities to serve their customers." DJ 170 ---- 1674 12/4/73 (A) (6 Pagesi August 19, 1968, internal

CP Co. correspondence from R. L. Paul to 1

A. M. Nemetz regarding the proposed Supple-

                                           .                  ment E to the power pooling agreement between CP Co. and Detroit Edison Company, wherein it is stated, "I feel that the supplement would not meet our expressed goal to eliminate the possible participa-tion of undesirable third parties."

( B) (1 pagel July 23, 1968, letter from A. M. Nemetz to H. C. Reasoner, of , Detroit Edison, transmitting first draft of the proposed Supplement E to the Consumers-Detroit Electric Power Pool Agreement. ! (C) (6 pages) August 12, 1968, internal i CP Co. correspondence from A. M. Nemetz regarding the proposed Supplement E, ' Third Party Participation, to the Consumers-Edison Electric Power Pooling Agreement, wherein it is stated, "From simply reading the agreement it may appear to outsiders . that ue are setting standards for others mm _ - -

Page 38 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 171 --~~ 1674 12/4/73 (1 pageT September 11, 1968, internal CP Co. correspondence from R. L. Paul to E. H. Kaiser stating that the criteria for third party participation in the Michigan Pool Agreement in Mr. Kaiser's September 11 letter to J. B. Falahce "very adequately covers the subject and should help prevent undesirable third parties from becoming a part of our present or any future pooling agreement," DJ 172 ---- 1674 12/4/73 (AT (1 page) June 9, 1970, internal CP Co. correspondence frcm H. R. Wall to J. B. Falahce regarding the advisability of filing, with the FPC, the Michigan Pool Agreement with or without a supplement setting forth the princip1cs governing pool arrangements with third parties. ( B) (1 page) June 5, 1970, internal CP Co. correspondence from J. B. Falahee to H. R. Hall and B. G. Campbell regard-ing the advisability of filing with the FPC a supplement governing pool arrange-ments with third parties. DJ 173 ---- 1674 12/4/73 (7 pages) June 27, 1962, memo prepared by R. A. Condon on tba effect of com-bined operation of Northern Michigan Elec~trical Cooperative and Wolverine Electric Cooperative. i DJ 174 ---- 1674 12/4/73 (2 pages) November 27, 1962, memo pre-pared by R. P. M., entitled "REA Cooperatives in Michigan," which sum-marizes pertinent data for the period 1956-1950.

Page 39 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 175 ---- 1674 12/4/73 (3 pages) July 9, 1964, letter from

                                     .           B. D. Hilty to B. G. Campbell concerning the effect of CP Co. 's contract p ro-visions with Northern Michigan Electric Cooperative on CP Co.'s competitive relationship with the City of Traverse City. The letter states that if Traverse City had been under CP Co.'s
    .                                           " standard and municipal wholesale rate" rather than interconnected with Northern Michigan, the load required on June 29, 1964, by Traverse City (due to a forced outage) would have created a demand charge which could have affected billing for eleven months under our (CP Co.)

contract provisions. This is not true of the Travei-arrangement.,pe City--Northern Michigan DJ 176 ---- 1674 12/4/73 (2 pages) March 20, 1970, internal CP Co. correspondence from R. L. Paul to B. G. Campbell regarding Northern Michigan and Wolverine Electric Cooperatives. The memo advocates the acquisition by CP Co. of all the facilities of Wolverine and Northern Michigan. DJ 177 ---- 1674 12/4/73 (5 pages) A memo prepared by M. H. G., dated January 3, 1966, revised February 18, 1966, entitled " Facts Affecting Operation of the Allegan Municipal Plant," and ^ advocating the sale of the Allegan Electric System to CP Co. DJ 178 ---- 1674 12/4/73 (1 page) February 3, 1966, internal CP Co. Correspondence from R. L. Paul to W. M. Balfour regarding an official requert by the City of Allegan that Consumers submit a proposal for supplying either standby or cupplemental parer to its electric generating facilities.

Page 40 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ'179 ---- 1674 12/4/73 (2 pages) February 20, 1966, letter

                                    ,            from A. H. Lee, Consumers Power Co.

Division Manager, to the mayor and the council of the City of Allegan, sub-mitting a proposal fer the supply of electric cnergy to the City of Allegan. The letter also mentions that Consumers is willing to negotiate for the purchase of the City of A.llegan's total system. DJ 180 ---- 1674 12/4/73 (2 pages) February 23, 1966, memo from R. L. P. regarding the Allegan Municipal System. DJ 181 ---- 1674 12/4/73 (2 pages) August 14, 1970, letter from R. L. Paul to Edward Frye, of Edison Electric Institute, transmitting data pertaining to the municipal electric systems in CP Co.'s service area. DJ 182 ---- 1674 12/4/73 (3 pages) An August 3, 1970, letter from Edward Frye to A. H. Aymond request-ing an up-dating of statistics on municipally owned electric systems in CP Co. 's service area. DJ 183 ---- 1674 12/4/73 (7 pages) Press release, for use on

Deces/ucr 14, 1967, regarding the construc-tion of the Midland nuclear Plant.

(1 p ge) August 11, 1966, letter from DJ 184 ---- 1674 12/4/73 ' L. A. Vaupre to R. E. Kettner, also of CP Co., recording a telephone call from Harold Bosscher, Division Manager of the Dow Cbemical Company, in which Mr. Bosscher posed several questions regarding a power supply for Dow. 1674 12/4/73 (7 pegas) Harch 4, 1966, internal DJ 185 ---- CP Co. correspondence from B. D. Hilty to B. G. Campbell transmitting informa-

Page 41 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 186 ---- 1674 12/4/73 (1 page) July 8, 1966, internal CP Co. correspondence from R. L. Paul to division managers, marketing superintendents, regional superintendents, and general office communications list stating that the continued expansion of the two generation transmission cooperatives in

 ,                                              Michigan (Northern Michigan Electric Cooperative and Uolverine Electric Coopera-tive) posses a serious threat to CP Co.

i and that should the cooperatives succeed in getting Congress to establish an RCA Bank, Consumers can anticipate even further expansion of the G&T systems here in Michigan, resulting in increased competition. DJ 187 ---- 1674 12/4/73 (2 pages) March 20, 1970, internal CP Co. correspondence from R. L. Paul to B. G. Canpbell regarding Northern Michigan and Wolverine Electric Cooperatives which urges the acquisition of all facilities of Wolverine and Northern Michigan. (This is a duplicate of DJ No. 176.) DJ 188 1674 12/4/73 (7 pages) A speech dated May 17, 1966~, by R. L. Paul regarding municipal and REA' electric systems. DJ 189 ---- 1674 12/4/73 (3 pages) March 6, 1963, memo entitled

                                                " Coop Generating Capacity and Reserves."

(2 pages) April 9, 1960, internal CP Co. 12/4/73

                       ~

DJ 190 ---- 1674 correspondence from L. A. Vaupre to C. A. Mulligan regarding counter measures to be tchen by CP Co. to compensate as much

                                     .          1s possible for in roads among Consumers' custon.ers by the Bay City Light Department.

Page 42 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 191 ---- 1674 12/4/73 (2 pages) October 5, 1962, internal CP Co. correspondence from L. A. Vaupre to B. G. Campbell regarding competitive activities by CP Co. versue the Bay City Light Department. (A) (1 page) January 19, 1966, internal DJ 192 ---- 1674 12/4/73 CP Co. correspondence from L. A. Vaupre to W. A. Hedgecock speculating on the outcome if CP Co. "went to the City Hall (presumably Bay City) with offer of $6 or $7 million and dropped it there." (" Front door-back door" memo) ( B) (1 page) A document entitled

                                                                           " Brainstorming the At Hoc Committee."

DJ 193 ---- 1674 -12/4/73 (15 pages) CP Co report on the Bay City competitive situation, dated April, 1955. DJ 194 ---- 1674 12/4/73 (A) (2 pages)- July 1, 1966, memo prepared by R. L. Paul regarding June 28, 1964 meeting with representatives of the Bay City Light Department to discuss a new wholesale power contract between

                                                                          - Bay City and CP Co.

(B) (2 pages) August 9, 1967, internal CP Co. correspondence from L. A. Vaupre

                                                                       ,'  to W. Hedgecock entitled " Appliance sales and service in competitive areas, Bay City Division."

DJ 195 1680 3118 ------ (16 pages) Response of Halsey, Stuart (obj ected ected i Company, dated October 15, 1973, to

 ,         to 12/4/73)   .(rej/20/73) 12                 .                            the civil subpoena issued in this pro-cceding.

(A) (2 pages) Minutes of Halsey, Semmft & Cornne'c Excecmtfse ccasdRRcc

Page 43

Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit

( B) (3 pages) A December 8, 1971, letter from Wendell J. Kelley of Illinois Power Co. to E. B. Kelley of Halsey, Stuart & Co. enclosing the attendance list of the Fall Board Meeting, November 11 and 12, 1971, of the National Association of Electric Companics. (C) (1 page) A November 29, 1971,

.                                                  letter from C. William Maxwell, Vice President of Halsey, Stuart & Company to C. W. McKec, Jr., Vice President of Florida Pouer Co., acknowledging Mr. McKee's November 19, 1971, 1ctter.

(D) (2 pages) A November 19, 1971, letter from C. W. McKee to C. William Maxwell indicating concern at Mr. Martin's (cmployee of Italsey, Stuart & Company) advocacy of joint REA municipal financing "at the expense of the private segment." (E) (1 page) December 6, 1971, letter from W. C. McKee to E. B. Kelley of Halsey, Stuart & Company acknowledging Mr. Kelley's letter. (F) (5 pages) A December 7,1971, letter,

                      .                            enclosing two other letters from,E. B.

Kelley of Halsey to Kenneth E. Bowen, President of Central Illinois Public Service Co. informier Mr. Howen that Mr. Martin's activitics (advocating joint REA-municipal financing) uill be curtailed and asking that this fact be passed around the NAEC meeting. DJ 196 - ---- 1674 12/4/73 (1 page) October 30, 1969, memo from E.11. Kaiser to W. J. Mosley regarding 138.kv tie uith City of Lansing.

           ~

Page 44 Page Marked Page Accepted Exhibit Date No. For ID Into Evidence Admitted Description of Exhibit DJ 197 ---- 1674 12/4/73 (4 pages) October 10, 1973, letter from William J. Mayben, Manager of R. W. Ecek & Associates enclosing exhibits pertaining to the retail and wholesale power markets of the prospective service creas of CP Co. [Pages numbered as _ . 1 through 4 for case of identification.] DJ 198 1680 ---- (15 pages) Publication entitled " Municipal ected to Elgetric Light and Power Plants in the United (obj/4/73) 12 States and Canada," by Carl D. Thompson, Charles K. Mohler, and others.

    'RI 199           1680                ----       -------

(A) (7 pages) A Michigan Municipal (objected to League Bulletin R-4, entitled " Municipal 12/4/73) Electric Utilities in Michigan," by Donald M. Whitesell. (B) (9 pages) A 1925 National Electric Light Association publication entitled

                                      ~                            " Political Ownership and the' Electric Light and Power Industry."
. DJ 200 -        ----

1674 12/4/73 studies of Samuel J. Helfman prepared l 203 f r this proceeding. DJ 204 ' 12/4/73 (2.pages) Color Map showing the service areas of the various electric utility systems in Michigan. DJ 204(A) 1539 1540 12/4/73 , (A) Shows the southern portion of Michigan. DJ 204(B) 1541 1541 12/4/73 ( 31 shows northern portion including the upper peninsula of Michigan. 4 a

Page 45

                                                                                                                                       ~

Exhibit -Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit ed to d (15 pages) November 18, 1971, internal i (ob ------- CP Co. correspondence from F. B. Perry 12 4/73) (re)* ec12 20/73) to W. A. Borris regarding REA financing and forwarding a letter from Joe Farley of Alabama Power Company and testimony by Halsey, Stuart & Co. 1674 12/4/73 (2 pages) November 28, 1966, internal DJ 206 ---- CP Co. correspondence by E. H. Kaiser to R. L. Paul regarding the proposed City of Holland agreement. DJ 207 ---- 1674 12/4/73 (1 page) March 10, 1967, memo by W. L. Sherwood to R. L. Paul regarding a call made to the City of Holland to di'scuss CP Co.'s interconnection proposal. 1674 12/4/73 (2 pages) August 7, 1967, memo by DJ 208 ---- W. L. Sherwood to R. L. Paul regarding the City of Holland interconnection. 1674 12/4/73 (Dupplicate) (4 pages) Request from DJ 209 ---- , Edison Electric Institute for informa-tion on municipal cicctric systems in CP Co.'s service and response by CP Co.,

                                                                                           . dated August 3, 1970 and August 14,
                                                        .                                   1970, respectively.

1674 12/4/73 (5 pages) November 9, 1962, memo by DJ 210 E. H. Kaiser entitled " Major Points of Consumers-Edison Power Pooling Agree-ment." DJ 211 ---- 1674 12/4/73 (4 pages) January 16, 1963, meeting lotes prepared by W. Jack Mosicy ontiticd " Discussion of Electric Systems interconnection in Illinois, Indiana, Michigan and Chio, s

Page 46 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 212 ---- 1674 12/4/73 (7 pages) Joint statements of Walker L. Cisler, President, Detroit Edison Company, A. H. Aymond, Chairman of the Board, CP Co. , and James H. Campbell, President, C P. Co. concerning the electric power pooling program of CP Co. and the Detroit Edison Company, prepared for the Michigan Congressional Delegation. DJ 213 ---- 1674 - 12/4/73 (6 pages) An undated study entitled

                                                                                                                    " Typical data and costs used by CP Co.

and the Detroit Edison Company for , studies of power pooling in Michigan." DJ 214 ---- 1674 12/4/73 (12 pages) March 27, 1972, internal CP ' Co . correspondence from E. H. Kaiser forwarding a summary of a March 10, 1972, meeting held with the Michigan Public Service Commission, and Mr. Robert W. Hartwell's letter of transmittal to the Michigan Public Service Commission of this summary. DJ 215 ---- 1674 12/4/73 (A) (3 pages) May 19, 1967, memo from W. Jack Mosley to J. Kluberg and B. G. Campbell attaching a copy of the letter

                                                                                                                   - received from Eldred H. Scott, of Detroit Edison Company, which, inter alia, requests comments on (1) participa-tion by RCA's and municipals in new transmission facilities planned by private utilities, and (2) source of power to Southeastern Michigan REC.

(B) (1 page) Undated responses to items 1 and 2 on page 2 of Mr. Scott's 1.etter dated May 17, 1967. (C) (1 page) June 22, 1967, letter from W. J. Mosley to Eldred Scott, of Detroit Edison Ccmpany, in response to

Page 47 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 216 (1 page) February 17, 1964, letter from 1674 12/4/73 J. H. C. to T. G. Ayres, Encutive Vice , ' President of Commonwealth Edison Company, 4 informing Commonwealth that the Michigan Pool does not wish to purchase the 300 mw excess capacity that Ccmmonwealth expects to have available in the winter season of 1967-68. DJ 217 (4 pag s) March 10, 1966, petition of 1674 12/4/73 Consumers Power, Detroit Edison Company, and Indiana and Michigan Electric Company for approval of proposed agreements for the purpose of establishing certain inter-connections and rendering certain inter-connection services and transactions. DJ 218 ---- 1674 12/4/73 (17 pages) July 1, 196% study on the feasibility of 345 kv interconnection between Michigan,American Electric Pouer, and Toledo Edison prepared jointly by AEP Service Corporation, Ccamonwealth i Edison Ccmpany, CP Co. , Detroit Edison Company, Northern Indiana Public Service Company, and the Toledo Edison Company. DJ 219 ---- 1674 12/4/73 (2 pages) farch 21, 1969, nemo by A. K.

                 ~
                            ,                           Falk regard (ing a proposed interconnection

' agreement between Consumers Power-Edison-Ontario Hydro. DJ 220 ---- 1674 12/4/73 s (16 pages) Various summaries of inter-l connection contracts. (A) (1 page) June 10, 1969, document entitled "FPC Rate Schedule No. 15" discussing interconnection with the City of Holland.

Pcge 48 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit (B) (2 pages) June 1, 1971, document prepared by the Rate Department concern-ing e,n2 interchange agreement--CP Co. cnd the City cf Lcnsing. (C) (2 pcges) June 1, 1971, study prepared by the Rate Ocpartment entitled

                                                    " Consumers Power Company--Detroit Edison Pooling Agreement."

( D) (2 pages) April 1, 1968, study entitled " Michigan Pool (CP Co. . DE Co.)-- Catario Hydro Pooling Agreement." (E) (4 pages) April 1, 1968, study entitled "MII0 Pooling Agreement" including statistical data. (F) (4 pages) CP Co. Electric Load Management Plan.

                                      ~

DJ 221 1680 ---- ------- (24 pages) November 8, 1971, letter ected to from the National Association of (obj/4/73) 12 Electric Companies to member companies attaching an address entitled "An Appraisal of Joint Financing for Municipals and Electric Cooperatives, presented by Frank Martin, Vice President of Halsey, Stucrt & Co. DJ 222 ---- 1674 12/4/73 (5 pages) January 28, 1972, letter from A. H. Hodge, of Daverman Associates, to Harold Eeard, President of Beard, Ellison & Davis, Inc., enclosing data on the Michigan Municipal and Cooperative Power Pool for the calendar year 1971. DJ 223 977 977 11/27/73 (8 pages) Excerpts from the Conctitution of the State of Michigan.

l Page 49 Exhibit Page Marked Page Accepted Date No. For ID It.to Evidence Admitted Description of Exhibit i DJ 224 1245 1246 11/29/73 (1 page) July 16, 1968, cost comparison for the years 1950-67 of Northern Michigan i F'ectric Cooperative, Uolverine Electric rootarative, and CP Co. DJ 225 1069 1071 11/28/73 ('+ pagas) March 26, 1968, letter from R. D. Lavey to CP Co. Division Managers showing comparisons of typical residential I clectric service bills for Michigan i investor-owned electric utility companics, Michigan municipal electric utilities, l and REA cooperatives in CP Co. territority. bJ 226 ---- 1674 12/4/73 (5 pages) June, 1967, Rate Department study comparing typical monthly bills of CP Co. and Coldwater Board of Public Works. DJ 227 ---- 1674 12/4/73 (22 pages) June 21, 1971, agreement for sale of a portion of the generating capability of.Luddington pump storage plant by CP Co. to Ccomonucalth Edison Company, by and among CP Co. , Commonwealth Edison Company and Indiana and Michigan i Electric Company. DJ 228 - 1674 12/4/73 -(26 pages) Uniform Statistical Report for the year ended December 31, 1972, for the Consumers Power Company. l ---- 8592 4/2/74 Substitute Exhibit for DJ 228. DJ 228(A) ---- ---- ------ Uniform Statistical Report for the year ended December 31, 1973, for the Consumers l l i'ower Company. l l

Pege 50 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 229 ---- 1674 12/4/73 (6 pages) A March 27, 1972,1ctter from E. F. Brush, Assistant-General Manager, Board of Water and Light, City of Lansing, Michigan, to Wallace Brand regarding the opposition of CP Co. to H.R. 4942, a bill, which, if enacted ' uould permit municipal electric utilities to sell outside of the corporate limits up to 507. of that sold within its corporate limits. DJ 230 ---- 1674 12/4/73 (11 pages) Modification No. 7 to the Interconnection agreement, dated July 20, 1956, between Commonwealth Edison Company and Indiana and Michigan Electric Company, dated September 1, 1971. DJ 231 ---- 1674 12/4/73 (7 pages) December 4,1972, response of Northern Indiana Public Service Commis-sion to the subpoena duces tecum issued

                                    ~

in this proceeding, including certificate of ccspliance of NIPSCO. DJ 232 ---- 1674 12/4/73 (3 pages) April 13, 1973, letter from Fred C. Brandenburg, of Detroit Edison Company, to H. Dean Miller, of the General Services Administration, attaching an article printed in the Detroit Free Press on April 10, 1973. DJ 233 ---- 1674 12/4/73 (23 pages) Uniform Statistical Report for the year ended December 31, 1972, for the Detroit Edison Company. DJ 234 1341 1344 11/29/73 (23 pages) August, 1963, Edison Electric Institute Report entitled Methods of Guning and Selling Generating Capacity. ,

Page 51 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 235 ---- 1674 12/4/73 (1 page) December 3, 1963, letter from R. L. Paul to A. H. Lcc regarding Warren Sundstrand's request that the CP Co. serve the City of Paw Paw, Michigan. DJ 236 ---- 1674 12/4/73 Applicant's Supplemental Environmental Report, In the Matter of Consumers Power Company (Midland Units 1 and 2), AEC Docket Nos. 50-329A and 50-330A. DJ 237 ---- 1674 12/4/73 Large map showing ECAR (East Central Area Reliability) area in tan / yellow. DJ 238 1841 1841 12/5/73 (6 pages) Blank FPC Form 18, 1967 Power System Statement to the Federal Power Commission. DJ 239 1948 1949 12/6/73 Power System Statement for the year ended December 31, 1964, of Northern Michigan Electric Cooperative, Ince (FPC Form 12). DJ 240 1954 1956 12/6/73 (11 pages) August 30, 1958, Interchange Agreement between Northern Michigan REC and the City of Traverse City. DJ 241 2201 2202 12/11/73 (13 pages) Exerpt from the 1965 Glossary of Important Power and Rate Terms, Abbreviations, and Units of Measurement, promulgated by the Federal Power Commission. DJ 242 2204 2205 12/11/73 (42 pages) Various material submitted by the City of Lansing Michigan, to the Antitrust Division in response to subpoens duces tecum. The materials relate to negotiations between CP Co. and the Lansing Board of Electric Utilities for interchange of power resulting in an interchange contract dated October 7, 1970.

Page 52 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 243 2207 2208 12/11/73 (6 pages) S) (2 pages) A January 5, 1973, letter from E. F. Brush to W. Jack Mosley requesting that certain matterg inter alia, joint construction of base load generation, admission of Lansing to the Michigan Pool be discussed. (B) (1 page) A' January 12, 1973, letter from W. Jack Mosley to E. F. Brush establishing a meeting between CP Co. and Lansing. (C) (3 pages) Hemorandum prepared by ' A. F. Waterman of Lansing recording a January 26, 1973, meeting between CP Co. and Lansing. DJ 244 2722 2723 , 12/13/73 (3 pages) Antitrust conditions for Florida Power Corporation, Crystal River Unit'No. 3. DJ 245 2784 2785 12/14/73 (5 pages) May 22, 1973, document entitled Policy Commitments of Mississippi Power and Light Company to be Appended as Conditions to Grand Gulf Nuclear

           '                                       Units No. 1 and No. 2, AEC License Docket Nos. 50-416A and 50-417A.

DJ 246 3122 3126 12/20/73 (A) (2 pages) August 30, 1966, document entitled " Suggested Question-naire, Consumers Power Company (Traverse City, Michigan) ' Population Trend Survey'" [ copy also included due to illegibility of original]. ( B) (2 pages) A September 8, 1966, memorandum from Romney Wheeler to A. H. Aymond transmitting a preliminary evalua-tion from Central Surveys' work in Trnw rw ch

Page 53 l 4 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit 4 (C) (3 pages) A September 13, 1966, letter from B. D. Hilty to Romney Wheeler listing reasons that will " appeal" to the citizens of Traverse City as to why e the City Light and Power Plant should be sold to CP Co. (D) (2 pages) An October 17, 1966, letter by B. D. Hilty, addressed "

Dear Neighbor,

" which was apparently mailed to the citizens of Traverse City. The letter advocates that the Traverse City

     ,                                                    Light Department be sold to CP Co.

DJ 274- 3368 3368 1/9/74 The working papers underlying the studies 262 of Samuel J. Helfman. DJ 263 3539 3541 1/9/74 (1 page) A chart, dated October 2.8, 1964, apparently prepared by CP Co. and Detroit Edison, entitled Minimum Reserves vs.

 ,                                                        Size of Generating Units.

DJ 264 3562 ---- 1/10/74 Marked for identification only. Not offered, and in effect, withdrawn. DJ 265 5189 5190 1/31/74 (1 page) A diagram with four blocks with the figures 20, 40, 30, and 30 in

• the individual blocks. [ Prepared by Department to use in cross-examination.]

DJ 266 6572 6578 2/14/74 (24 pages) Complaint before the Michigan (relected) Public Service Commission, City of Wyoming and City of Grand Rapids (complainants), vs. Consumers Power Company (respondent), filed September 18, 1970. DJ 267 6573 6578 2/14/74 (41 pages) Various pleadings in connec-(rejected) tion with City of Wyoming vs. Michigan Public Service Commission.

P Page 54 i j - Exhibit Page-Marked Page Accepted Date i No. For ID Into Evidence Admitted Description of E::hibit DJ 268 6787 6789 2/20/74 (103 pages) An internal CP Co. memo-randum, dated February 28, 1966, entitled

                                                    " Upper Peninsula Electric Utility Study."

DJ 269 7752 7753 3/1/74 (1 page) Rectangular coordinate system with years on the absicissa, mills on-the ordinate, and a declining curve (left to right) marked average cost. DJ 270 800. 9273 6/12/74 (14 pages) Various materials relating (3/6/74' to Bills 104 and 683 before the Michigan llouse of Representatives which would appear to have extended Michigan Public Service Commission jurisdiction (includ-ing a " single-phase" type rule) to municipals and REA's. (A) (1 page) A March 30, 1961, 1cteer. from Representative Arnell Engstrom,

                                     .             -Chairman of the Ways and Means Committee, to liarry Running informing Mr. Running that Bill 104 will not get out of Committee and states, "I think the big utilities have done a pretty good job of killing it off . . . .    "

( B) (1 page) A February 22, 1962, letter from Arnell Engstrom to llarry Running, transmitting "several copies of the bill which was introduced on electric suppliers." (C) (1 page) April 3, 1962 letter from Arnell Engstrom to liarry Running informing that llouse Bill 683 did not get out of Committee. ( D) (2 pages) llouse Bill No. 104. (E) (4 pages) llouse Bill No. 683. 1

Page 55 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of' Exhibit (F) (5 pages) A brief on the need

• for House Bill No. 104, prepared for Cherryland Rural Electric Cooperative.

DJ 271 8061 ---- 3/6/74 (1 pageT A December 7,1962 internal CP Co. memorandum prepared by M.11. Gerhard entitled " Meeting on Lansing Annexed Area and MSU Prospective Elec-tric and Gas Eusiness. , DJ 272 8073 ---- 3/6/74 (2 pagesi A July 1, 1966, internal CP Co. memorandum prepared by R. L. Paul entitled " City of Bay City, New Wholesale Power Contract." DJ 273 8224 ---- 3/7/74 (4 pages) A March 16, 1962, internal CP Co. memorandum entitled " Consumers Power Company, Municipal and Rural Electrification Administration Activities." DJ 274 8264 8266 ------- (1 Pagel- A July 8, 1966, letter from Paul to- Division Managers , Market-(rejected R. L. 3/7/741 Ing Superintendents, Region Superinten-dents, and General Office Communications list warning of increased REA competi-tion if Congress establishes a REA Bank. DJ 275 - 8405 ---- 3/8/74 (6 pages) A March 15, 1968, letter from Boston Edison Co. to Members of EEI Rate Research Committee summarizing replies to questiennaire pertaining to i wholesale rates for resale. DJ 276 8561 --- - 4/2/74 (1 pageT Table entitled " Percent. Reserves as a Percentage of Capacity Renuired to Meet a Standard of Loss of Capacity Once in Five Yesrs - Reserve Sharing < M-C Pool Installs Larger Coal-Fired Generating Units."

Page 56 Exhibit Page Marked Page Accepted Date No. For ID Into Evidence Admitted Description of Exhibit DJ 277 8569 ---- 4/2/74 (1 pageT Table entitled " Number of Days

                                                         .             Between Losses'of Capacity Enceeding Reserves Where Reserves are 15% of Capa-city or 17.65% of Load - Reserve Sharing'-

M-C Pool Installs Larger Coal-Fired Generating Units." DJ 278 8575 ---- 4/2/74 (1 pageT Table entitled " Percent Reserves as a Percentage of Capacity Reouired to Meet a Standard of Loss of Capacity Once in Five Years - Reserve Sharing - M-C Pool, Coldwater, Holland, Lansing, and Dow Chemical Co. Install a 529 mw Nuclear Generating Unit." OJ 279 8583 ---- 4/2/74 (1 pageT Table entitled " Number of Days Between Losses of Capacity Exceeding Reserves Where Reserves are 15% of Capacity or 17.657. of Load - Reserve Sharing - M-C Pool, Coldwater, Holland, Lansing, and' Dow Chemical Co. Install a 529 mw Nuclear Generating Unit." DJ 280 8593 ---- 4/2/74 (1 pagei Bar chart reproduced from black-board indicating bars for load and scheduled maintenance for various months of the year, and a component for reserve. DJ 281 8594 ---- 4/2/74 (1 page) Figure reproduced from blackboard of overlapping forced outages of generating 1 units where the units are of the same size. Figure plots generating units versus time. DJ 282 8594 ---- 4/2/74 (1 page) Figure reproduced from blackboard which illustrates the forced outage of generating units where the sizes are varied. DJ 283 8595 ---- 4/2/74 (1 pageT Diagram illustrating multiple system forced outages with units of various sizes reproduced from blackboard.

Page 57 Exhibit Page Marked Page Accepted Date No.- For ID Into Evidence Admitted Description of Exhibit DJ 284 8662 ---- 4 /3/74 (4 pages) Excerpts (pages 393 -403T from

                                      .                " Private Electric . Utilities ' Organized     <

Efforts to Influence the Secretary of the Interior," Hearings Before a Subcommittee. of the Committee on Government Operations, H.R. 84th Congress, 2nd Sess., July, 1956. DJ.285 9110 .9112 6/11/74' (1 page) Three tables, " Illustration of Application of Ecual Reliability Concept to Allocate Reserves to Existing and Added Pool Members." DJ 286 9146 9146 6/11/74 . (23 pagesi Stipulation of Counsel concerning Halsey, Stuart Testimony and Evidence. I

)

e e f 4 f

APPENDIX A 111dl nd Units Ex. wo. DJ No. +94o

                                                                                                                                                            ,m e e, s.e,x                                            t s - .- - ~ -.. _
                                                                                                               ,. q

s. 4 g.,

L:3 a s .c s .. c . 7 t.. J+ .e - .W

                                                , a.r~~c1-9           9WIe%'t,. , wy                 w,rb.-Fa%.e WirMnr*m
                                                                                                                       >~ un c>

7hr , ,.m =

w. \r .y .33

                                                           - e m%. x~g<..  . - ,y DZPARTMENT Cf AGR! CULTURE t WASHINGTON i

t

                                                                                                                        '~                    ' ~ ~
                                                                                ~      ^            ~
                                                                  ~       '
                                              ~

I, E A R L L. B UTZ, secretar$ of Agricul ure of the United states, pursuent to States Code, Section 1733, do hereby certify that the annexed copy, or each of the specified

                                                                        \         .

number of annexed copics, is a true, correct and compared copy of a document in my official custody as hereinafter described: ,

1. Memorcndum dated December 12, 1969, to Mr. R. E. Cole, rover Survcy Officer, fro:a Mr. U. C. Ibrris, Chief, Pouer Planning Eranch, Northacst I.rca - Elcetric, providint infor=stion cencerning the pouer supply arrcngements cnd fccilities for the Michiccn portion of Southcostern Michigen Rurni Electr$e Ceoperative, Inc. Attached to this r.enorandun is a te:torent'u a dated Deccabar 12, 1969, from Mr. U. R. Dalton, Chief, Ensincering Branch,1:ortheast Arca - Elcetric.

2. Memorendum dcted June 2, 1967, from Mr.. Morris to Mr. John H. Scoltock, Chief, Engineering Ercnch, Northecst Arec - Elcetric, en the cubject of Southecstern'c pouer cost analysis.

3. Letter dated January 10, 1967, from !!r. !!cthew L. Bruce, !!arketing Superintendent, Conse-. ors Pouer Co::pany, to Mr. Roy Nach,

                                     /.cting Manager of Southeastern.
.               4       Certified copy of a accolution cdopted by the Eocrd of Tructecs of Southecstern at its scr,ulcr ceccing held Septenh2r 15,1966.

Attached to thic certificate is a copy of Southecstern's Uhoiccolo -'orar igreccent uith Eucheyc Eover, Inc.

5. Picid Activitiec Report to !!r. Scolteck fron Mr. Rcbert Esdner, REA T'cid Oni,1:s.:r, ccraring the paried Ecpte:.:bcr 12-14, 1966, on the cubject of Southecstern.

6 Mc=orandum dcted July 29, 1956, from Mr. Ibrris to Mr. Scolteck sumari::in; studies and cnclycis ecdc of the power supply for Southerstern Michinen crea.

                -7. Field t.ctivitics Report to Mr. Scoltock from Mr. Econer covering the period !!cy 11-12, 1966, on the cubject of Goutheastorn.

8 Ficid Activitics Report to Mr. Scoltock from Mr. Bedner covering the period February 14-17, 1966, on the subject of Southeastern. c r c.751 s.n. i . .. - - . . .

                                                                                       )                                        2..

9. Fic1d Activities Report to Mr. Jc=cc U. Goodvin, Chief, Power Procurement

( Brznch, rower Supply Division, from Mr. Thomas Darling, Jr.,

        "                         E1cetricci Engineer, Tover Supply Division, covering the period February 14-16, 1966, on the subject of Southeastern.

10. Lotter dated February 11, 1966, from Mr. Allan L. Johnson, Southern Engineering Company of Coorgia, to Mr. J. Joseph lover, caneger of Southecstern. Attached to this letter cre two enclosures.

11 Speed morarandum dated February 3,1966, to Procurement from Mr. Morris on the subject of Southeastern (Detroit Edison). Attcched to this comorandum are a Iceter dated January 24, 1966, on the letterhead of Detroit Edison Corpcny to Mr. J. J. Lover, canager of Southeastern, and a copy of an E1cetricity Supply t>greement botueen Detroi Edison cad Southeastern.

12. Field Activities Report for December 29, 1965, on the subject of Southeastern from nr. dconer to Mr. Scoltock.

13. Letter dated December 4,1965, fren Mr. Incr to Mr. Uilliam Callauay, Director, !!ortheast Arec-Electric. Attached to this is a letter dated Dacember 2,1965, from Mr. R. M. Kopper, Assistant to the Cencral Manager, Indiana & Michigan Elcetric Compcny, to Mr. Dewey G. Ries, President, Board of Directors of Southcestern.-

14 Letter deted '.!&.n.bcr Ois,l'W,, nom Me.1her to br. Callauay. Attcened to this letter are a Ictter dated november 23, 1965, from Mr. John K. Davis, President of the Toledo Edison Cocpany, and a 1ctter dated Nove:aber 23, 1965, frca Mr. Orville E. Meyer, City Mancger of the City of ilillsdale, Michigcn, to Mr. Ries.

15. Letter dated Uovember 22, 1965, from Mr. Lover to Mr. Callcuay. Attcched

(' to this letter are copics of 1ctter cent by 2*r. Rics to the Municipal Board of Public Uorks, Hillsdale, Michigen, the Municipal Board of Public Uorks, Clinton, Michigcn, Detroit Edison Company, Indiana & Michigan Elcetric Power Cocpany cnd Toledo Edison Company. - 16 Letter da'ed October 28, 1965, to Mr. Morris from Mr. O. Franklin Rogers, c Southern Engineering Cocpany of Georgia. continued. In t timony whereof I have breunto cause the seal of the Depa ent of Agricu ure to be affixed any my name subscrib din the District I Columbia, this day of 19 .

                                                                          /                    J,
                                                                                 .            n.<               '

Y Secretar f Agriculture By ( Genc\ral Counsel

 .,           *lj; 0                                      isign eat pu, es,u,,,o or,11,.. ,,,ri,,,,,rr .., y oz u. 2., g ,

4

I , s..__.... .

                                        \                                                                            -
                                                                                                                         )

3 17. Rough draf t of a ce=orcndum tiritten by Mr. Scoltock, Septcetor 16, 1965, (Y on the subject of Consorers Pouer Company - REA Eorrower

                                          'aI Relations. The ce=orandum is addressed to Mr. Wood, Ansistant 18 E

Adninistrctor, REA, from Mr. Cc11cuay. 1 r dated Septenbar 15, 1965, from Mr. Rogers to l'r. Morris on the

                                      ,             i     cubject of Southeastern, also attached is a copy of the above letter.

19 l,

                                                    .Tadum to Southcestern Michigan file from Mr. Rogers dcted September meeting             15, 1965, on the subject of Consumers Power Co=pany's of August   26, 1965.

20 Field Activitics Report to !!r. Scoltock from Mr.11adner covering the period August 30-31 cnd Septcober 1,1965, on the subject of Southeastern. 21 Letter dated July 29, 1965, from !!r. Lower concerning Consumers Power Conpeny. 22 Letter dated June 28, 1965, from Mr. Lower to Mr. B. G. Cc=pbell, Vice

23. President of Consumars Power Company.

Field Activitics Report from 1"r. Darling to Mr. Goodrin covering the 24 period September 13 14, 1966, on the subject of Southeastern. Drcfts of letters to Toledo Edicen Ccepany, Detroit Edison Coupany cnd

                         .                               the canneer of the Venicipcl E:crd of Pa'ulic Works, Hillsdale, liichigcn.            '

25. Contract of Electric Service between Consucers Pouer Co:pany cnd Southeaster dated May 4,1962, with Pouer Contreet Sumary dcted !!ay 10, 1962, cecorcadun dated tiny 11, 1962, fron Mr. E. W. Moldenhcuer to Mr. II. B. Lee, Director, Power Supply Divicion, extrcet from minutos of meeting of the Eocrd of Directors of Concutors Pouer Compcny Michigan Sales Tax.hold on Jcnuary 24, 1952, cnd Exc=ption Certificate ~' 26 Agreccent of Southeastern Michiscn Rurcl Elcetric Cooperative, Inc. , for Purchase Company of Elcetric dated Cervice May 8, 1952 for Resale from the Toledo Edison y . . ..%. .

                                                         * " h.
                         ,                                     '                       In testimony whereof I have hereunto
                                                            .-{ g                      caused the seal of the Department of 1
                                                                   ' '7               Agriculture to be affixed and my name 9             subscribe, din the District of Columbia,
           -                                                              'k          this            ay of        /M*

2

                                                                                                                                          , I9 7* ?.

• 9 y.

                                                                            >                                              ./

n. !

                                                                           >                                                               G
      ,f                                                                  3                       Secretary of Agriculture
    /                  /

A 3

                                                                                          ,QT/.%.m           '
                                                                                                                   /       i Y,, . %'          . cm

[ ;1.  ; ,I OEii' d ,VEi46uiusul [ o'c W l'* ) honu ;e Division, OC Acting Director, Electric re, a,e and

                                                                                                                         . a ..orvTe'1cpc

{ uucrue.1 n r u.<,,o .. .*~ . >1 , t .3 , i. t

        ,}}