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| Attachment A hereto. | | Attachment A hereto. |
| Q*** / Attachment B hereto. There may be a question as to'the weight to be given CP&L's Mr. Borchelt's statements. His statement on March 25th that the Federal regulatory agency staffs had been contacted and their reactions had l , been favorable appears inaccurate. Telephone calls by tne undersigned on ' | | Q*** / Attachment B hereto. There may be a question as to'the weight to be given CP&L's Mr. Borchelt's statements. His statement on March 25th that the Federal regulatory agency staffs had been contacted and their reactions had l , been favorable appears inaccurate. Telephone calls by tne undersigned on ' |
| ;
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| March 26th to trial counsel elicited lack of any knowledge of the matter; and on March 27th, at the oral argument before the NRC Appeals Board, counsel for Justice and NRC stated a.similar lack of knowledge regarding the status of settlement. | | March 26th to trial counsel elicited lack of any knowledge of the matter; and on March 27th, at the oral argument before the NRC Appeals Board, counsel for Justice and NRC stated a.similar lack of knowledge regarding the status of settlement. |
| : 5. In further support of points 2(a) and 4 above, it appears that CP&L has, in the course of these private negotiations "among certain private parties" (Mot. p.1), intensified its anticompetitive actions towards its captive customer Brownsville. It refused to sign an Inter-connection Contract which had been fully negotiated, line-by-lica, and 4 | | : 5. In further support of points 2(a) and 4 above, it appears that CP&L has, in the course of these private negotiations "among certain private parties" (Mot. p.1), intensified its anticompetitive actions towards its captive customer Brownsville. It refused to sign an Inter-connection Contract which had been fully negotiated, line-by-lica, and 4 |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196G4021999-06-18018 June 1999 Comment on FRN Re Rev of NRC Enforcement Policy NUREG-1600, Rev 1 & Amend of 10CFR55.49.Concurs with Need to Provide Examples That May Be Used as Guidance in Determining Appropriate Severity Level for Violations as Listed ML20206H1881999-05-0606 May 1999 Exemption from Requirements of 10CFR50,App K Re ECCS Evaluation Models. Commission Grants Licensee Exemption ML20206H2221999-05-0404 May 1999 Exemption from Requirements of 10CFR50.60 That Would Allow STP Nuclear Operating Co to Apply ASME Code Case N-514 for Determining Plant Cold Overpressurization Mitigation Sys Pressure Setpoint.Commission Grants Exemption ML20206M5111999-04-30030 April 1999 Comment Supporting Draft RG DG-1083 Re Content of UFSAR IAW 10CFR50.71(e). Recommends That Listed Approach Be Adopted for Changes to Documents Incorporated by Ref CY-99-007, Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-0071999-02-22022 February 1999 Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-007 TXX-9825, Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps1998-12-14014 December 1998 Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps ML20195C7541998-11-0505 November 1998 Order Approving Application Re Proposed Corporate Merger of Central & South West Corp & American Electric Power Co,Inc.Commission Approves Application Re Merger Agreement Between Csw & Aep ML20155H5511998-11-0202 November 1998 Exemption from Certain Requirements of 10CFR50.71(e)(4) Re Submission of Revs to UFSAR ML20154C4101998-09-30030 September 1998 Comment Re Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Comanche Peak Electric Station Endorses NEI Comment Ltr & Agrees with NEI Recommendations & Rationale ML20248K5051998-06-0909 June 1998 Confirmatory Order Modifying License (Effective Immediately).Answer for Request for Hearing Shall Not Stay Immediate Effectiveness of Order ML20216E1051998-04-0707 April 1998 Comment Supporting Draft RG DG-1029 Titled Guidelines for Evaluating Electromagnetic & Radio-Frequency Interference in Safety-related Instrumentation & Control Sys NOC-AE-000109, Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI1998-03-30030 March 1998 Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI ML20217H3611998-03-26026 March 1998 Comment Opposing Draft GL 97-XX, Lab Testing of Nuclear Grade Charcoal, Issued on 980225.Advises That There Will Be Addl Implementation Costs ML20198Q4851998-01-16016 January 1998 Comment Opposing PRM 50-63A by P Crane That Requests NRC Amend Regulations Re Emergency Planning to Require Consideration of Sheltering,Evacuation & Prophylactic Use of Potassium Iodide for General Public ML20211A4871997-09-12012 September 1997 Changes Submittal Date of Response to NRC RAI Re Proposed CPSES risk-informed Inservice Testing Program & Comments on NRC Draft PRA Documents ML20149L0311997-07-21021 July 1997 Comment on Draft Guides DG-1048,DG-1049 & DG-1050.Error Identified in Last Line of DG-1050,item 1.3 of Section Value/Impact Statement.Rev 30 Should Be Rev 11 ML20140A4871997-05-27027 May 1997 Comment Opposing Proposed Rule Re Safety Conscious Work Environ.Util Agrees W/Nuclear Energy Inst Comment Ltr ML20137U3531997-04-0808 April 1997 Order Approving Application Re Formation of Operating Company & Transfer of Operating Authority ML20133G5411996-12-0505 December 1996 Transcript of 961205 Meeting in Arlington,Tx Re Comanche Peak Thermo-Lag Fire Barriers. Pp 1-111 ML20135B7881996-11-29029 November 1996 Order Approving Corporate Restructuring of TU to Facilitate Acquistion of Enserch Corp ML20128M8011996-10-0303 October 1996 Comment Opposing Proposed NRC Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20116B8871996-07-19019 July 1996 Transcript of 960719 Predecisional Enforcement Conference Re Apparent Violations of NRC Requirements at Plant ML20097D7321996-02-0909 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Re CPSES Request for Amend to Its Regulations Dealing W/Emergency Planning to Include Requirement That Emergency Planning Protective Actions for General Public Include Listed Info ML20094Q6421995-11-28028 November 1995 Comment Supporting Petition for RM PRM-50-62 Re Amend to Regulation Re QAPs Permitting NPP Licensees to Change Quality Program Described in SAR W/O NRC Prior Approval If Changes Do Not Potentially Degrade Safety or Change TSs ML20094H4801995-11-0808 November 1995 Comment Supporting Nuclear Energy Inst Comments on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel or high-level Radwaste TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20091M6441995-08-25025 August 1995 Comment Opposing Proposed Rule Re Review of Revised NRC SALP Program.Believes That NRC Should Reconsider Need for Ipap or SALP in Light of Redundancy ML20086M7921995-07-0707 July 1995 Comment Supporting Proposed GL Process for Changes to Security Plan Without Prior NRC Approval ML20084A0181995-05-19019 May 1995 Comment Suporting Proposed Rule 10CFR50 Re Containment Leakage Testing.Supports NEI Comments ML20077M7311994-12-30030 December 1994 Comments Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20077L8711994-12-22022 December 1994 Comment Supporting Proposed Rule 10CFR50,55 & 73 Re Reduction of Reporting Requirements Imposed on NRC Licensees ML20073B6951994-09-19019 September 1994 Affidavit of Cl Terry Authorizing Signing & Filing W/Nrc OL Amend Request 94-016 ML20073B6731994-09-19019 September 1994 Affidavit of Cl Terry Re License Amend Request 94-015 ML20072P5441994-07-13013 July 1994 Testimony of Rl Stright Re Results of Liberty Consulting Groups Independent Review of Prudence of Mgt of STP ML20092C3911993-11-15015 November 1993 Partially Deleted Response of Rl Balcom to Demand for Info ML20092C4031993-11-15015 November 1993 Partially Deleted Response of Hl&P to Demand for Info ML20058E0561993-11-10010 November 1993 Comment on Proposed Rule Re Staff Meetings Open to Public. Believes That NRC Has Done Well in Commitment to Provide Public W/Fullest Practical Access to Its Activities ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20045D8321993-06-11011 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54, FSAR Update Submittals. ML20044F3271993-05-21021 May 1993 Comments on Draft NRC Insp Procedure 38703, Commercial Grade Procurement Insp, Fr Vol 58,Number 52.NRC Should Use EPRI Definitions for Critical Characteristics ML20044D3311993-05-0404 May 1993 Comment Supporting Proposed Generic Communication Re Mod of TS Administrative Control Requirements for Emergency & Security Plans ML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20056C1881993-03-17017 March 1993 Order.* Directs Util to Respond to Motion by COB 930319 & NRC to Respond by COB 930322.W/Certificate of Svc.Served on 930317 ML20128F6221993-02-0303 February 1993 Transcript of 930203 Affirmation/Discussion & Vote Public Meeting in Rockville,Md.Pp 1-2.Related Info Encl ML20128D9651993-02-0303 February 1993 Memorandum & Order.* Stay Request Filed by Petitioners Denied.W/Certificate of Svc.Served on 930203 ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20128D6321993-01-29029 January 1993 Memorandum & Order.* Denies Citizens for Fair Util Regulation for Fr Notice Hearing on Proposed Issuance of OL for Facility.W/Certificate of Svc.Served on 930129 ML20128D3461993-01-29029 January 1993 NRC Staff Notification of Issuance of OL for Facility.* Low Power License May Be Issued by 930201.W/Certificate of Svc ML20128D6111993-01-26026 January 1993 Joint Affidavit of I Barnes & Ft Grubelich Re Borg-Warner Check Valves.* Discusses Issues Re Borg-Warner Check Valves Raised by Cfur & Adequacy of Actions Taken by TU Electric 1999-06-18
[Table view] Category:PLEADINGS
MONTHYEARML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20127L9091993-01-25025 January 1993 Tx Util Electric Response to Citizens for Fair Util Regulation Request of 930113.* Request Fails to Raise Worthy Issue & Should Be Denied.W/Certificate of Svc ML20127G9441993-01-19019 January 1993 TU Electric Brief in Opposition to Petitioners Appeal of ASLB Memorandum & Order.* Requests That Petitioners Appeal Be Denied & Licensing Board 921215 Memorandum & Order Be Affirmed.W/Certificate of Svc ML20127G7451993-01-14014 January 1993 NRC Staff Response to Motion of Petitioners RM Dow & SL Dow, (Disposable Workers of Comanche Peak Steam Electric Station),For Leave to File Out of Time & Request for Extension of Time to File Brief.* W/Certificate of Svc ML20127G7941993-01-12012 January 1993 Opposition of TU Electric to Motion for Leave to File Out of Time & Request for Extension of Time to File Brief by SL Dow (Disposable Workers of Comanche Peak Steam Electric Station) & RM Dow.* W/Certificate of Svc ML20127A6131993-01-0707 January 1993 Motion for Leave to File Out of Time & Request for Extension of Time to File Brief.* Petitioners Did Not Receive Order in Time to Appeal & Requests 15 Day Extension from Motion Filing Date to Respond.W/Certificate of Svc ML20127A7911992-12-31031 December 1992 Petitioner Amended Motion for Continuance to File Appeal Brief.* Petitioners Requests Until C.O.B. on 930108 to File Appeal Brief.W/Certificate of Svc ML20127A7641992-12-30030 December 1992 Petitioner Motion for Continuance to File Appeal Brief.* Counsel Requests That Petitioners Be Granted Until 930109 to File Brief in Support of Notice of Appeal.W/Certificate of Svc ML20128C9751992-12-0303 December 1992 NRC Staff Response to Motion to Compel Disclosure of Info Secreted by Restrictive Agreements & Notification of Addl Evidence Supporting Petition to Intervene by B Orr,D Orr, J Macktal & Hasan.* W/Certificate of Svc ML20128B8721992-11-27027 November 1992 NRC Staff Response to Motion for Rehearing by RM Dow, Petitioner.* Motion for Rehearing Should Be Denied for Reasons Explained in Encl.W/Certificate of Svc ML20128A0271992-11-25025 November 1992 Texas Utilities Electric Co Answer to Motion to Compel Disclosure of Info Secreted by Restrictive Agreements.* Util Requests That Petitioners 921118 Motion to Compel Be Denied in Entirety.Certificate of Svc Encl ML20127P8181992-11-25025 November 1992 Texas Utilities Electric Co Answer to Notification of Addl Evidence Supporting Petition to Intervene.* Petitioners Notification Procedurally Improper & Substantively Improper & Should Be Rejected by Board.W/Certificate of Svc ML20116M4591992-11-19019 November 1992 TU Electric Opposition to Motion for Rehearing by RM Dow.* RM Dow 921110 Motion for Rehearing Should Be Denied.W/ Certificate of Svc ML20127M4271992-11-15015 November 1992 Motion to Compel Disclosure of Info Secreted by Restrictive Agreements.* Petitioners Bi Orr,Di Orr,Jj Macktal & SMA Hasan Requests That Board Declare Null & Void Any & All Provisions in Settlement Agreements.W/Certificate of Svc ML20116M3181992-11-10010 November 1992 Motion for Prehearing by RM Dow,Petitioner.* Requests Period of Ten Days to File Supplemental Pleading to Original Petition.Certificate of Svc & Statement Encl ML20106D8881992-10-0808 October 1992 Opposition of Util to Motion for Extension of Time to File Brief by SL Dow Doing Business as Disposbale Workers of Plant & RM Dow.* Request for Extension of Time & to Become Party to Proceeding Should Be Rejected.W/Certificate of Svc ML20106D2821992-10-0505 October 1992 Motion for Extension of Time to File Brief by SL Dow Doing Business as Disposable Workers of Comanche Peak Steam Electric Station & RM Dow.* Petitioner Requests 30-day Extension.W/Certificate of Svc ML20101P5891992-06-30030 June 1992 Response of Texas Utils Electric to Comments of Cap Rock Electric Cooperative,Inc. Dispute Strictly Contractual Issue Involving Cap Rock Efforts to Annul Reasonable Notice Provisions of 1990 Power Supply Agreement ML20101K1131992-06-29029 June 1992 Motion for Leave to Suppl Motion to Modify or Quash Subpoenas & Supplemental Info.* OI Policy Unfair & Violative of Subpoenaed Individuals Statutory Rights & Goes Beyond Investigatory Authority.W/Certificate of Svc ML20101G2041992-06-18018 June 1992 Motion to Modify or Quash Subpoenas.* Requests Mod of Subpoenas Due to Manner in Which Ofc of Investigations Seeks to Enforce Is Unreasonable & Fails to Protect Statutory Rights of Subpoenaed Individuals.W/Certificate of Svc ML20127K8141992-05-19019 May 1992 Request to Institute Proceeding to Modify,Suspend or Revoke License Held by Util for Unit 1 & for Cause Would Show Commission That Primary Place of Registration for Organization Is Fort Worth,Tarrant County,Tx ML20096A6281992-05-0707 May 1992 Applicants Reply to Opposition cross-motions for Summary Disposition & Responses to Applicants Motion for Summary Disposition.* Applicants Conclude NRC Has No Authority to Retain Antitrust Licensing Conditions.W/Certificate of Svc ML20095C4691992-04-17017 April 1992 TU Electric Answer to Application for Hearings & Oral Argument by M Dow & SL Dow.* Concludes That NRC Should Deny Application for Oral Argument & Hearings on Petition to Intervene & Motion to Reopen.W/Certificate of Svc ML20091E2561992-04-0606 April 1992 Application to Secretary for Hearings & Oral Argument in Support of Motion for Leave to Intervene out-of-time & Motion to Reopen Record Submitted by SL Dow Dba Disposable Workers of Comanche Peak Steam Electric Station & RM Dow.* ML20094K4161992-03-16016 March 1992 TU Electric Answer to Petition to Intervene & Motion & Supplemental Motion to Reopen by M Dow & SL Dow & TU Electric Request for Admonition of Dows.* Concludes That Motion Should Be Dismissed.W/Certificate of Svc ML20091A0461992-03-13013 March 1992 Suppl to Motion to Reopen Record.* Requests That NRC Reopen Record & Suspend License Pending New Hearings on Issue. W/Certificate of Svc ML20090C4241992-02-24024 February 1992 Motion to Reopen Record.* Requests That NRC Reopen Record & Suspend OL for Unit 1 & CP for Unit 2,pending Reopening & Final Decision.W/Certificate of Svc ML20090C4431992-02-21021 February 1992 Petition for Leave to Intervene Out of Time.* Requests That Petition for Leave to Intervene Out of Time Be Granted for Listed Reasons.W/Certificate of Svc ML20116F2671992-02-19019 February 1992 Requests NRC to Initiate Swift & Effective Actions to Cause Licensee to Immediately Revoke All Escorted Access to Facility ML20094E9511992-02-10010 February 1992 Requests That NRC Initiate Swift & Effective Actions to Cause Licensee to Immediately Revoke All Escorted Access to Facility & to Adequately Train All Util Employees in Use of Rev 3 to Work Process Program ML20086Q3121991-12-26026 December 1991 Case Motion for Leave to File Response to Portions of Motion of R Micky & Dow to Reopen Record.* Requests That NRC Recognize J Ellis as Case Representative for Filing & Pleading Purposes.W/Limited Notice of Appearance ML20086Q3811991-12-26026 December 1991 Case Response to Portions of Motion of R Micky & Dow to Reopen Record.* Submits Responses to Motions to Reopen Record ML20091G2511991-12-0202 December 1991 Licensee Answer to Motion to Reopen Record by M Dow & SL Dow.* Requests That Petitioners Motion Be Denied for Listed Reasons.W/Certificate of Svc & Notices of Appearance ML20086G7381991-11-22022 November 1991 Motion to Reopen Record.* Requests That Licensing Board Reopen Record & Grant Leave to File Motion to Intervene. W/Certificate of Svc ML20006C4811990-02-0101 February 1990 Applicant Answer to Request for Stay by Citizens for Fair Util Regulation (Cfur).* Cfur Failed to Satisfy Burden to Demonstrate Necessity for Stay & Request Should Be Denied. Certificate of Svc Encl ML20006B1691990-01-27027 January 1990 Second Request for Stay Citizens for Fail Util Regulation.* Requests That NRC Stay Fuel Loading & Low Power Operation of Unit 1 Until 900209.Certificate of Svc Encl ML20006A0281990-01-0808 January 1990 J Corder Response to NRC Staff Motion to Modify Subpoena & Motion for Protective Order.* Requests Protective Order Until NRC Makes Documents Available to Corder by FOIA or Directly.W/Certificate of Svc ML20005G1431989-12-11011 December 1989 Motion to Modify Subpoena & Motion for Protective Order.* Protective Order Requested on Basis That Subpoena Will Impose Undue Financial Hardship on J Corder ML20248J3601989-10-15015 October 1989 Request for Stay Citizens for Fair Util Regulation.* Requests That Commission Retain Authority to Order That Fuel Loading & Low Power License Not Be Immediately Effective,Per Util Intent to Request License.Certificate of Svc Encl ML20246B8671989-08-17017 August 1989 Motion for Reconsideration of NRC Memorandum & Order CLI-89-14.* NRC Should Excuse Itself from Consideration on Matters Re Jj Macktal & Should Refer All Issues on NRC Requested Subpoena to Independent Adjudicatory Body ML20248D6291989-08-0202 August 1989 Jj Macktal Statement Re Motion for Recusation.* Macktal Motion Considered Moot Due to Commission No Longer Having Jurisdiction to Consider Motion Since Macktal Not Party to Proceeding Before Nrc.W/Certificate of Svc ML20247Q3851989-07-26026 July 1989 Withdrawal of Motion to Reopen Record.* Withdraws 890714 Motion to Reopen Record.W/Certificate of Svc ML20245J7331989-07-26026 July 1989 Request of Cap Rock for Reevaluation of Director'S Determination That No Significant Changes in Licensee Activity Warrant Antitrust Review at OL Stage.Certificate of Svc Encl ML20247B5901989-07-19019 July 1989 Motion to Reopen Record.* Requests Board to Reopen Record & Grant Leave to Renew Earlier Motion for Intervention Status. W/Supporting Documentation & Certificate of Svc ML20248D5541989-07-0303 July 1989 Motion for Recusation.* Requests That NRC Recuse from Deciding on Macktal Cases on Basis That NRC Will Not Be Fair & Impartial Tribunal.W/Certificate of Svc ML20248D5731989-07-0303 July 1989 Motion for Reconsideration.* Requests Reconsideration of NRC 890122 Order on Basis That NRC Subpoena Filed for Improper Purposes & NRC Lacks Jurisdiction Over Matters Presently Before Dept of Labor ML20245J9411989-06-30030 June 1989 Response of Texas Utils Electric Co to Request of Cap Rock Electric Cooperative,Inc,For Order Enforcing & Modifying Antitrust License Conditions ML20248D4891989-06-13013 June 1989 Motion for Protective Order.* Requests That Jj Macktal Deposition Be Taken at Stated Address in Washington,Dc & That Testimony Remain Confidential.W/Certificate of Svc 1993-03-19
[Table view] |
Text
'
O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
HOUSTON LIGHTING & POWER COMPANY, et al. NRC Docket Nos. 50-498A
) 50-499A (South Texas Project, Units 1 and 2)
In the Matter of TEXAS UTILITIES GENERATING COMPANY, NRC Docket Nos. 50-445A et al., 50-446A (Comanche Peak Steam Electric Station, Units 1 and 2)
OPPOSITION BY BROWNSVILLE TO JOINT MOTION FOR EXTENSION OF TIME AND REOUEST FOR PREHEARING CONFERENCE Comes now the Public Utilities Board of the. City of Brownsville, Texas ("Brownsville"), in opposition to the Motion- ] to extend for 30 days all procedural dates in the above-captioned matter, and in support of its opposition avers:
- 1. The Motion s e ek s a 30-day extension of time of all pro-cedural dates " based on the progress of very meaningful settlement-negotiations among certain private parti _s
- / - l which could lead to a i resolution of part or all of these proceedings" (Mot. p.1). These .,
l involve an " attempt to settle the underlying controversies between them-l selves which constitute a substantial part of these cases," and "there j
__/ Joint Motion of the Staff of the Commission, Central and South West Corporation, Houston Lighting & Power Company, Texas Utilities Generating Company, the City of Austin, the City Public Service Board of San Antonio, the STEC-MEC Electric Cooperatives, and Tex-La Electric Cooperative of Texas, Inc., for a 30-day Extension of Time, filed April 2,1980.
_/ Presumably,HoustonLighting&PowerCo.("HL&P");TexasUtilities("TU"),
(including its subsidiaries. Texas Power & Li ,
Company, and Texas Electric Service Company)ght Company,
- and Central Dallas and South West Power & Light Corporation ("CESW"), (including its subsidiaries Central Power & Light Company, Public Service Company of Oklahoma, Southwestern Electric Power Company and West Texas Utilities Co.)
sou5010 Nb
.J i
y ,, .
is a reasonable probability that the substantive matters in issue in this dispute can be resolved and settled, among at least some, and perhaps all of the parties" (Mot. p. 2). The extension of time would further "significantly" the Board's "important interests . . . in moving this matter to an expeditious resolution." (Jd.)
d There appears little doubt that C&SW, HL&P and TU have reached private agreement -2mong themselves to which no other party in Texas was privy.
- 2. Brownsville opposes the extension of time because of its
exclusion from the negotiations (see Attachment A); and also because, based upon what information it has received concerning the negotiations
(see, for example, Attachment B), (a) it does not believe the negotiations will solve the situation inconsistent with the antitrust laws which exist vis-a-vis CP&L (and others) and Brownsville (which lies at the southernmost Texas-Mexico border, whose sole interconnection to the outside electrical world is with CP&L, and whose sole access to power supplies competitive to CP&L is through some 200 miles of CP&L's transmission system); and (b) it does not believe that the arrangements as proposed for the DC inter-connections will be in the larger public interest (and therefore they will extend the s i t u a t i on inconsistent with the antitrust laws) for failure to assure the optimization of the power interconnection, interchange and pooling of electric utility resources throughout the Southwest region of the country for the benefit of all consumers and all smaller utility systems and thus to meet the purposes of Section 202(a) of the Federal Power Act Letter dated March 26, 1980 from George Spiegel to David M. Stahl.
- j/ March 27,1980 Affidavit of Robert E. Roundtree, Brownsville's General Manager concerning March 25th meeting with M. H. Borchelt, CP&L Executive Vice President and Chief Engineering Officer.
1 ..
as well as other pertinent standards of that Act, the Atomic Energy 1 -]
Act and the Public Utility Holding Company Act.
- 3. Brownsville would not oppose the time extension were Brownsville l
to have adequate assurances from CP&L comitting CP&L to serious negotiations seeking to alleviate the anticompetitive noose it has placed upon Brownsville.
Brownsville would then have some basis for anticipating a possible successful i
- culmination of the settlement negotiations, and therefore some basis not to oppose the extension. The contrary is the fact, and CP&L's anticompetitive activities have intensified so that Brownsville's need for early relief has increased.
- 4. Brownsville would not oppose the time extension if it were granted forthwith participation in the settlement negotiations with access to all current agreements or draft of agreements so that it could like "certain private parties" participate t'n " meaningful settlement negotiations" (Mot. p. 1). Brownsville requested, on March 26th, upon receipt of defini-
- j tive news concerning the settlement, that it be icinediately granted such participation, but has received no affirmative response. It is apparent that there is a strategy abroad to line up in advance enough systems, 1
- l with enough cross-commitments and bargained exchanges, so as to attempt to steamroller Brownsville and any other systems with the temerity to insist upon their rights.
I
_*f It is our understanding that the instant NRC proceedings cannot and will -
not be settled separate from a settlerrgnt of all related proceedings, i.e,.:
Central and South West Corp., et al., SEC Adnin. File No. 3-4951; Central Power & Light Co. , et al ., FERC Docket No. EL79-8; West Texas Utilities Co. v. Texas Electric Service Co., 470 F. S n p. 798 (N.D. Tex. 1979), appeal pending, No. 79-2677 (5th Cir.-).
Attachment A hereto.
Q*** / Attachment B hereto. There may be a question as to'the weight to be given CP&L's Mr. Borchelt's statements. His statement on March 25th that the Federal regulatory agency staffs had been contacted and their reactions had l , been favorable appears inaccurate. Telephone calls by tne undersigned on '
March 26th to trial counsel elicited lack of any knowledge of the matter; and on March 27th, at the oral argument before the NRC Appeals Board, counsel for Justice and NRC stated a.similar lack of knowledge regarding the status of settlement.
- 5. In further support of points 2(a) and 4 above, it appears that CP&L has, in the course of these private negotiations "among certain private parties" (Mot. p.1), intensified its anticompetitive actions towards its captive customer Brownsville. It refused to sign an Inter-connection Contract which had been fully negotiated, line-by-lica, and 4
agreed to by Brownsville's General Manager and CP&L's Vice President for sales, and insisted upon execution of a much more onerous Interconnection Contract with a 10-year take-or-pay provision as a conditio'h of obtaining any power sale commitment and commencement of a badly needed 138 kV inter-connection. Further, it proposed an obviously excessive transmission wheeling rate (almost double the rate for the sale of finn capacity both generated and l
transmitted by CP&L) while it continued to drag its feet on the long promised transmission agreement. This, plus other events, left Brownsville with no alternative but to accept CP&L's take-it-or-leave-it proposal by the April 1,1980 CP&L deadline.
- 6. In further support of point 2(b) above, it appears that the proposed settlement will not provide for related arrangements among the members of the Texas Interconnected Systems (" TIS") and South Texas Interconnected Systems ("STIS") necessary to provide for coordination and intechange to achieve the potential enonnous savings estimated by HL&P's consultants STagg Systems, Inc. to be available from recommended pooled operations of the systems. Instead, it will only beneff.t the corporate interests of "certain private parties" (Mot. p.1).
j* See also Deposition of S. B. Phillips, Jr., then Borad Chairman of C&SW, on February 27 and 28,1980 at Dallas, Texas; and letter dated February 15, 1980, Borchelt to Roundtree. (Attachment C hereto).
_f Two studies prepared by Stagg Systems, Inc. and submitted as evidence before the SEC estimate the savings from joint planning and joint ownership of large generating resources and coordinated dispatch by the member utilities l of the Electric Reliability Council of Texas. Generation and Transmission .
Planning Study of the Electric Reliability Council of Texas, December 1,1977; Economic EvaluaHon of Alternative Generation ExpanHon Plans for Electric
' Reliability Council H Texas and Southwest Power Pool, Dec. 17, 1979. See also Deposition of Glenn Stagg in the instant proceeding, March 31, 1980, l Washington, D. C. (Baker & Botts' office).
l
- 7. In further support of Point 2(b) above, it appears that the same rate-making methods for CP&L's proposed (grossly excessive) transmission wheeling rate would be used for determining the cost of wheeling power through intervening systems and across the state border. Thus, in practical effect.
CP&L, at least, is refusing to wheel power across state lines for the smaller electric utilities of Texas and adjoining states. No settlement can be successful unless the transmitting utilities tender reasonable joint trans-mission wheeling rates so that across-the-bonferpower transact 1rns are feasible for the smaller utilities; otherwise, bottleneck c;ntrol by "certain private parties" of the interstate interconnections amplifies the situation inconsistent with the antitrust laws,
- 8. In further support of Point 2(b) above, it appears that an essential item of settlement is the exclusion of HL&P and TU from FERC regulatory jurisdiction: in view of the needs to optimize utility resources throughout the Southwest region, it is most dubious that it can be found to be in the public interest that regulation of the total interconnected system should be split between Federal a'id State regulatory agencies. In addition, it also appears dubious that the limited DC interconnections will provide a basis for the Securities and Exchange Commission to find C&SW to be sufficiently integrated so as to avoid divestiture under t'ie Public Utility Holding Company Act.
- 9. Justice delayed is justice denied -- and made more expensive to the point that only the rich and powerful can afford to litigate. The small utilities can obtain relief only if trial courts move matters along to an early conclusion. One time extension leads to another and trial dates are continually put off for one arguably valid reason after another. Settlement l 1s most likely to be achieved ff the alternative is an early trial.
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- 10. If the Licensing Board is otherwise inclined towards* granting the extension, the Boai , should condition the extension upon requiring the three companies forthwit a to provide a full disclosure of the status of the negotiations and admit into the negotiating sessions Brownsville and other interested parties.
- 11. Brownsville requests an early prehearing conference on this matter because of its critical importance.
WHEREFORE, Brownsville submits, for the foregoing reasons, the Board shouTd deny the Joint Motion for extension of time, and, if it determines otherwise, the Board should condition its order upon requiring full participation by all interested parties in all settlement negotiations, Respectfully submitted.-
m Ad George Sp Wgel y #
CM G * -
Marc R. Poirier Attorneys for the Public Utilities Board of the City of Brownsville, Texas Law Offices:
Spiegel & McDiannid 2600 Virginia Avenue, N. W.
Washington, D. C. 20037 l l
April 3, 1980 i
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