ML19319B849

Interrogataries of City of Cleveland to Cleveland Electric Illuminating Co.Certificate of Svc Encl

ML19319B849
Person / Time
Site:	Davis Besse, Perry
Issue date:	08/26/1974
From:	Goldberg R CLEVELAND, OH, GOLDBERG, FIELDMAN & HJELMFELT
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19319B850	List: ML19319B849
References
NUDOCS 8001280676
Download: ML19319B849 (1)

Text

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os UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

The Toledo Edison Company Docket No.

The Cleveland Electric Illuminating )

Company )

(Davis-Besse Nuclear Power Station))

)

The Cleveland Electric Illuminating ) Docket Nos. 50-440A Company, et al. ) and 50-441A (Perry Nuclear Power Plant, Units )

l and 2) ,

)

INTERROGATORIES OF THE CITY OF CLEVELAND TO THE CLEVELAND ELECTRIC ILLUMINATING COMPANY The City of Cleveland joins in the interrogatories served jointly in this proceeding by the Department of Justice and the Commission Staff on the Cleveland Electric Illuminating Company, and incorporates those interrogatories herein by reference.

CITY OF CLEVELAND By &&bu. l/k*44],

Rc'uben Goldberg g Its Attorney (/

^

Reubett Goldberg i David C. Hjelmfelt l 1700 Pennsylvania Avenue, N. W.

j Washington, D. C. 20006 l Telephone (202) 659-2333 Herbert R. Whiting l Director of Law Robert D. Hart Assistant Director of Law City of Cleveland City Hall /

Cleveland, Ohio 44114 Telephone (216) 694-2717 8001280 h7 b August 26, 1974

- , .o UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

Th ' Toledo Edison Company ) Docket No. 50-346A The t,1cveland Electric Illuminating )

Compan7 )

(Davis-Besse Nuclear Power Station))

)

The Cleveland Electric Illuminating ) Docket Nos. 60-440A Company, et al. ) and 50-441A (Perry Nuclear Power Plant, U9its )

l and 2) )

FIRST REQUEST OF THE CITY OF CLEVELAND FOR THE PRODUCTION OF DOCUMENTS BY

, APPLICANT, THE CLEVELAND ELECTRIC ILLUMINATING COMPANY Pursuant to 10 CFR, Sections 2. 740b and 2. 741, City of Cleveland requests The Cleveland Electric Illuminating Company (CEI or Company) to produce the documents requested herein. s o

The documents requested hereby are necessary in order for the J

City of Cleveland to prepare for the antitrust hearing ordered to be held in the Perry and Davis-Besse proceedings. The document request has l been framed in an attempt to minimize the necessity for later discovery; i however, City of Cleveland reserves the right 'o submit additional dis-covery requests including interrogatories and depositions.

It is' requested that any documents within the categories in the l

attached schedule withheld by CEI by reason of any assertion of privilege

_ _ e 2 * *

? . .

be identified individually by listing the person (s) preparing, sending, or receiving the document withheld, the subject and date thereof, and a brief statement of the basis for asserting privilege as to each such document.

Except as otherwise stated, it is requested that documents received, prepared, mailed or obtained after January 1,1964, be produced.

SCHEDULE A. Definitions i

1. " Company" means The Cleveland Elec tic Illuminating Company (CEI),

its subsidiaries or affiliates, predecessor companie. and any entities providing electric service at wholesale or retail, t% properties or assets of which have been acquired by CEI.

2. " Documents" means all writings and records of every type in the possession, control or custody of the Company, its directors, officers, employees or agents, including, but not limited to, memoranda, corres-pondence, reports, surveys, tabulations, charts, books, pamphlets, photographs, maps, bulletins, minutes, notes, diaries, log sheets, ledgers, transcripts, microfilm, computer printouts, vouchers, accounting statements, engineering diagrams ("one-line" diagrams),

mechanical and electrical recordings, telephone and telegraphic com-munications, speeches, testimony and all other records, written, electrical, mechanical or otherwise.

" Documents" shall also mean copies of documents, even though the originals thereof are not in the possession, custody or control of 2

the Company, and every copy of a document which contains hand-written or other notations or which otherwise does not duplicate the original or any other copy.

3. " Electric Utility" means a private corporation, rural electric coopera-tive, municipality, or any political subdivision, agency or instrumen-tality of the Federal or any state or municipal government which owns or controls, or proposes to own or control, facilities for the genera-tion, transmission or distribution of electric power and energy.

4. " Coordination" and " coordinating" shall include but are not limited to, reserve sharing, coordinated development, economic dispatch or economy interchange, and pooling of load growth for joint or staggered additions of generating or t.ansmission facilities.

" Coordination" and " coordinating" shall also mean joint ventures or the sharing of participation in the ownership, operation or output of generating facilities and the sharing of ownership, construction or use of transmission facilities.

5. " Competition" includes actual, estimated or possible effects of any action taken by, planned or considered by CEI or aay other electric utility company relating to: actual, potential or possible sales of electric power; gain or loss of customers; rates and rate changes for each class of business; profits; ability to secure funds; quality of

service; market share by class of customer and by geographical re-l gion; costs of generation, transmission and distribution; additional supply of electric power of any sort; reliability of electric service.

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" Competition" also includes actual, possible, or contemplated actions by any electric utility company relating to the areas specified above on CEI.

B. Documents No Longer In Company's Possession, Custody Or Control If any document described in this schedule was, but is no longer in the Company's possession, or subject to the Company's control, or in existence, state whether: (a) it is missing or lost; (b) has been destroyed; i (c) has been transferred, voluntarily or involuntarily, to others; or (d) has been disposed of otherwise. In each instance, explain the circumstances surrounding such disposition and identify the person (s) directing or authori-zing same, and the date(s) thereof. Identify each such document by listing its author and addressee, type (e. g. , letter, memorandum, te bgram, F

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

C. Documents Requested

1. Documents showing the Company's corporate organization for each year since January 1,1960, to date, including:

(a) Names of departments, divisions and subunits and dates of their organization and reorganization; (b) Names of all directors, corporate officers, department or division managers and the dates of their service in each office held (indicate l

l date of election or appointment, if prior to 4

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January 1,1960) for each individual serving in such capacity as of that date; (c) Functicn and responsibilities of each officer, manager and department'or division listed in (a) and (b) above and the dates of any changes the rein; (d) Occupations of all directors and/or the names and addresses of all other businesses with which they serve as director or officer; (e) Name or identification, period of existence, function of, and persons comprising each committee reporting to Company officers or the Board of Directors on a regular or ad hoc basis. (Chart (s), tabulations or hets setting forth the above information and verified by a Company officer may be furnished in lieu of the foregoing documents. );

(f) Names and job titles of all persons assigned to committees of CAPCO and a list of all CAPCO committees; (g) Articles of Incorporation, by-laws, and modi-fications and amendments thereto.

2. Any narrative history (or histories) of the Company, including those maintained by the Company's General File Department.

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3. A list of all municipal, private or industrial electrical systems taken over by CEI by purchase or otherwise.

4. Indexes to general and departmental files maintained by the Company.

5. Documents setting forth the Company's policy regarding the destruction of documents and files.

6. Annual reports to stockholders from January 1,1960 to date, each separate prospectus filed with the Securities and Exchange Ct m-mission since January 1,1960, and FPC Form Nos. I and 12 for the years 1960,1965, and 1965 through 1973.

7. Financial reports by auditors, including:  ;

(a) Position Statement (Balance Sheet);

(b) Income Statement; (c) Statement of Sources and Uses of Funds; (d) Statement of Change in Restricted Accounts; (e) Notes to Financial Statements; (f) Other comments, reports and tables, prepared .

by auditors.

8. A copy of the map of the combined CAPCO company territories entitleci

" Principal Facilities of CAPCO as of utober 31, 1969", prepared by Duquesne Light Company and submitted by CEI as Exhibit F to Infor-mation Requested by the Attorney General for Antitrust Review in l connection with the Perry Nuclear Power Plant Units 1 and 2 and re-ferred to in footnote 13 of the Board's Prehearing Conference Order No.

2 and any later editions, revisions, or modificat >ns of that map.

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9 One small scale and one large scale copy of the most recent geogra-phic one-line diagram or map of the Company's electric generation and bulk transmission system and points of interconnection with other electric utilities indicating transmissions or subtransmissions of 23 kv and a'oove, delivery points and supply voltage for mur.icipalities and cooperatives; further, large scale maps of CAPCO and the area covered by any p >oling agreements not exclusively limited to CAPCO.

10. The most recent electrical one-line diagram showing the generation and transmis sion systems corresponding to the diagrams requested in Request No. 9.

11. Maps or diagrams for each planning period or year through 1985 corresponding to those requested in Request Nos. 9 and 10.

12. The operating manuals or equivalent documents for CAPCO.

13. Documents setting forth instructions, policies, guidelines, etc. , for the guidance rf Company's dispatchers for response to requests by the City of Cleveland for power over the load transfer points or the 69 kv ir.cerconnection. (include oral instructions)

14. Documents pertaining to Company policy regarding assistance, com-pensation, discount, rebates or allowances in money, material or engineering to prospective customers, including any limitations on the availability of such assistance, compensating discount, rebates, or allowances.

15. Copy of the Company's " Guide Book for Electric Service Installations. "

16. Documents, including minutes of meetings of the Board of Directors and i

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the executive committee of the Company; documents prepared in ad-vance of meetings (e. g. , agenda, memos in summary or critique of plans, costs, proposals or status of negotiations), and letters and memoranda to or from Company officers, relating to:

(a) Competition at wholesale between Company and other electric utilities. Retail competition with City of Cleveland, City of Painesville, and other electric utilities; (b) Acquisitions by' Company of electric utility pro-perties (any property employed in generation, transmission and distribution of electricity) and proposals for such acquisitions or invitations to purchase electric utility properties; (c) Identification of number of current residential, commercial, institutional or industrial customers of CEI who were formerly customers of another electric utility in 1960, and each year thereafter to 1973, showing total annual kwh in first year served by CEI, and total k,vh. in 1973, or most recent year available; ssles district of CEI in which located in first year of service by CEI, identity of electric utility servicing these customers immediately prior to their service by CEI, and dollar value of sales in first and most recent year of service by CEI; 8

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(d) Legislation and constitutional revision affecting the ability of electric utilities to own, finance, and construct facilities and to sell electricity; (e) Wholesale and retail electric rates, and propo-sals for changes in rate levels and rate design for each class of service; (f) Elections in any municipality operating an electric distribution system; (g) Litigation, actual and considered, before courts or agencies in opposition to the construction of competing generation or transmission facilities; (h) Number of new customers excluding those in paragraph 16(c) above, added each year from 1960 to date by class of customers (as in 16(c) above) showing kwh and dollar value of sales in first year served by CEI and most recent year available and location by sales districts of CEI; (i) Labor union negotiations, involving CEI, and/or MELP; (j) Supply contracts involving coal, fuel oil and natural gas, or possible acquisition of coal and other hydro-carbon properties.

17. Documents relating to the following:

(a) (i) New electrical loads, area growth or development and locations available for  ;

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sites for commercial or industrial development in areas in which such electrical loads might be served by electric utilities other than Company.

Land purchases and activities of CEICO.

(ii) With respect to (a)(i) identify documents relating to areas served by MELP.

(b) Electric service franchises for service by Com-

. i i pany at retail, and applications, renewals or terminations thereof; (c) Annexations or possible annexations by the City of Cleveland; (d) Policies or practices, understandings or arrange-ments with other electric utilities as to allocation of wholesale or retail service areas; l (e) Inquiries, invitations, negotiations, evaluations l and proposals for the acquisition of electric power facilities of municipalities,' electric cooperatives or other electric utilities, including: ,

(i) Offers to serve at wholesale.

(ii) Communications to or about elected officials, councils and boards.

(iii) Sponsorship, support or opposition by the Company of activities sponsored by 10 l

s,-. , sy.,

citizen or taxpayer committees, com-munity advisory councils, or the like.

18. Correspondence between the Company and Edison Electric Institute or any committee thereof; the National Association of Electric Com-panies, and any electric utilities; and documents referring to these entities relating to:

(a) System construction, financing, ownership, operation of electric generation, transmission or distribution facilities by any municipal and/or electric cooperative utility, including acquisitions of any such utility by the Company, or competition between any such utility and the Company; (b) Wholesale power supply to municipal and coopera-tive utilitics; (c) Coordination, interconnection or pooling arrange-ments with municipal and cooperative systems; (d) Wholesale or retail territorial or customer allo-cations.

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19 Documents pertaining to the following subjects located in the files of those individuals who by job or title are now or have been since i January 1,1960, responsible for, prepared analysis of, or forecast the effects of the following subjects:

(a) . Long-term competitive aspects of the Com-pany's relationship with other electric utilities 11

serving or able to serve at wholesale or retail in areas overlapping or in close proximity to the Company's service area; (b) Interconnection arrangements with other electric utilities; (c) Coordinated system operation, generation, and transmission facilities expansion, and pooling arrangements involving other elec-tric utilities.

20. Documents pertaining to each wholesale electric customer of the Com-pany (excluding billing data):

(a) In files identified by specific customers' names; (b) Concerning the policy, sale or purchase of electric power or facilities to or from each customer; (c) Concerning retail or wholesale competition a

relating to suc t customers; (d) Any analysis or study of each customer's system operations, rates, finances, ex-pansion proposals and programs, incluing, but not limited to, any maps and diagrams of customer's transmiJsion system; (e) Any communications with officials or mem-r bers ofboardsof directors of wholesale cus-12

tomers which are or were cooperatives or private corporations, and with managers and persons in elective or appointive office who are or were responsible for the operations of each such municipal wholesale customer:

(f) Communications to or from, or internal documents concerning any taxpayer's com-mittee or any similar group, and any action taken or proposed to be taken by such com-mittee or group with respect to matters affecting a wholesale customer.

21. Documents referring to or relating to communications between the Company and other Applicants and members of CAPCO and among Company personnel in connection with CAPCO:

(a) Its formulation and the evaluation of any advantages or disadvantages thereof; l

l (b) Participation by third parties, including l

j City of Cleceland, and limitations thereon; 1

(c) Documents relating to the Northeastern Electric Reliability Council, ECnR, NAPSIC (Northeast region), their formation and acti-vities and Company's participation therein, including but not limited to any documents pertaining to the decisions setting qualifica-tions for membership and full participation. .

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22. All agreements, modifications, or supplements thereto executed or under consideration relating to the organization and/or operation of CAPCO.

23. Minutes of meetings and reports of each committee established under pooling or coordination agreements to which Company is a party, those of each subcommittee or task force thereof, and documents relating there-to prepared or circulated within the Company, including committees established pursuant to the CAPCO Memorandum of Understanding and the CAPCO Administrative Agreement, dated September 14, 1967.

24. Documents concerning the request made by the City of Cleveland for membership in CAPCO, including correspondence with and among other members of CAPCO pertaining thereto.

25. Documents referring or relating to the formation of a holding company to become the parent company of some or all of the Applicants.

26. Any contract for the sale or exchange of electric power between Company and any other electric utility and a copy of any power pooling arrangement under consideration.

27. Documents relating to the Interconnection Systems Group and a listing of its members.

Documents, including minutes of meetings of the Board of Directors

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and the executive committee of the Company; documents prepared in advance of meetings (e. g. , agenda, memos in summary or critique of plans, cost, proposals or status of negotiations), and letters and memoranda to or from Company officers, relating to:

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(a) Interconnection plans, proposals or agree-ments with other electric utilities; (b) Expansion of, or additions to, generating capacity or transmission systems to be (i) Owned and utilized solely by the Company; or (ii) Shr. red on any basis with one or more electric utilities.

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29. Documents relating to pooling agreements or interchange agreements in which the Company is a participant, directly or indirectly, which show:

(a) The method (s) used to interpret and determine any installed, spinning or operating reserve requirement (s) under the terms of such agreements; (b) The method (s) and bases whereby pay-ments are made, receipts disbursed and the manner in which funds flow among the participants in determining any settlement of balances for such reserve obligations.

30. Reports and analyses (excluding load flow diagrams not a part of any such report or analyses except as requested in (c) below) pertaining to:

(a) Joint transmission studies with the other Applicants, or any of them; 15

l (b) Joint transmission studies with any other electric utilities; j (c) Company transmission; in addition, all transmission load flow studies (plotted on a system one-line diagram of 100 k" and above) for Company's complete system relating to planned bulk power additions for the period 1970-1985; (d) Comparative or alternative programs of generation and transmission expansion for Company, CAPCO, any other coordinating group in which Company participates, and letters or memoranda pertaining thereto; (e) Maximum uncommitted line capacity in Mva available for wheeling over individual trans-mission line rections between present and future substations.

31. Any contract for the sale or exchange of electric power between Com-pany and any other electric utility, and a copy of any power pooling arrangement under consideration but not yet entered into.

32. Documents with respect to the following:

(a) Cost studies of nuclear vs. fossil-fueled generation; 16

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W ._. _ , ,_

(b) Planning studies made in the period 1960 to date, alone or jointly, with other utilities; (c) Transmission load flow studies made in the period 1960 to date which have been used in planning; (d) Discussions with other electric utilities regarding the allocation of responsibility for, the location of, and the timing of transmission construction.

33. Documents relating to all offers to interconnect with the City of Cleveland electric system including all documents pertaining to the proposed requirements that the City raise its electric rates to the level of CEI's rates or that the City limit its service area or customer growth. Include also documents relating to the interconnection between CEI and the City which was in existence in the late 1910's and early 1920's.

34. Documents concerning the proposed (or executed) interconnection agreement between Company and the City of Painesville.

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35. Drafts of all contracts which were prepared for proposed interconnection agreements with the City of Cleveland or the City of Painesville.

l 36. Documents pertaining to the activities of CCO Company, including minutes of meetings, reports, correspondence, studies, and projections prepared by CCO Company.

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_. _____J

37. Documents relating to the following:

(a) Cost analyses or estimates of other Ohio electric utilities (present or proposed) system operations; comparisons of costs, rates or services of the Company vis-a-vis other electric utilities serving or able to serve in northeastern Ohio at wholesale or retail; (b) Studies of joint ownership or other partici-pation considered, proposed or agreed upon between the Company and other electric utilities, especially other members of CAPCO with respect to nuclear, fossil-fuel or hydro .

electric generating facilities and transmission facilities, and the guarantee of the obligations of Quarto Mining Company; (c) Present and future planned interconnections with other electric utilities, and their proposed capacity and status (tentative or assured);

(d) Studies or analyses of full generation and/or transmission integration or coordination be-tween Company and any other electric utility; (e) The Company's line extension policy, including l

l any modifications or interpretations thereof; 18

(f) Reliability data for each generating unit, including forced and planned outages, number of hours down-time, number of outages, reason for down-time, nature of forced out-4 age rate and calculation thereof, and number of hours operated during the past year; (g) Reliability data for transmission lines, in-cluding outages per 100 miles per year for each of the various voLge classifications of lines, reasons for outages, and maximum single-occurence outage time, in hours, during the past year; (h) The outage time in 1973 per customer per year in each of Company's districts and the number of outages per customer per year; (In lieu of documents, a verified summary of such informa-tion may be supplied);

(i) Financing:

(1) Methods and mix; (ii) Cost of new capital; (iii) Cost of existing capital; (iv) Terms and conditions associated with capital:

(1) Restricted funds and payments thereto; 19

(2) Interest and debt service coverage; (3) Accumulative nature of prefer ed dividends.

(v) _ Schedule of projected payments on debt (principal and interest payments);

(vi) Plans for future financing through December 31, 1979.

(j) Complete description of the method used in determining des' ired levels of spinning and stand-by reserves based on probability and statistics including a copy of the most recent study relating to consideration of expansion plans.

38. Names of all engineers retained by the Company for generation and transmission services, design, studies, consultation and expert ,

testimony. (In lieu'of the foregoing, a verified list containing the in-formation would be acceptable)

39. Yearly peak flow diagrams through 1985 for Company's system and for such larger bulk power supply system areas as may be studied by any power planning or operating groups in which Company participates by furnishing personnel, data or otherwise.

40. Each press release or article containing data supplied by the Company, or any internal documente describing the Company's bulk power supply control center, or the major features thereof, such as equipment for load-frequency control, economic dispatch, security monitoring, sys-l 20 t-

s tems diagram board, remote supervisory equipment, information brought in to the control center from remote points, and the like.

41. Documents containing or pertaining to capital and operation and maintenance cost estimating factors utilized by the Company for:

(a) Transmission facilities (by varying voltages and range of capacities for each voltage) per mile or per hundred miles; (b) Ancillary substation facilities (by major cost components) and right-of-way; (c) Generation (by types) and ancillary facili-ties (provide breakdown by major compo-nents for both generation and ancillary facilitie s);

(d) Escalation factors relating to (a), (b), and (c) of this paragraph, and for fossil fuel, nuclear fuel, and other expenses, including, but not limited to, labor and administrative aw general expenses which Company projects or would project through 1983; (e) Depreciation factors, including method, term, and rate of depreciation; (f) Tax factors, including incremental income tax rate, property tax rate and amount for each generating unit and transmission line at sub-stations, and other taxes.

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42. Documents indicating:

(a) The most recent nuclear unit cost estimates, in accordance with the FPC Uniform System of Accounts, showing separately the rate of return used; (b) The total demand and energy cost of the nuclear unit as of the first year of opera-tion showing as a distinct factor escalation percentages adopted for cost projection pur-poses through 1985.

43. Documents showing the following with respect to each existing genera-ting unit on Company's system and estimates thereof with respect to each unit under construction or planned:

(a) Incremental costs at various levels of unit output including incremental fuel cost and variable operation and mainten-ance cost; (b) No-load running cost of each unit including fixed fuel cost; (c) Start-up costs in dollars following a:

(i) four-hour shutdown; (ii) twelve-hour shutdown; (iii) 24-hour shutdown.

(d) Average annual fixed costs for each unit, including:

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(i) Fixed operation and maintenance; (ii) Fixed charges, including a break-down of fixed charge rate by all components; (iii) Other fixed costs, including ad-ministrative and general expense allocable to each unit.

(e) Original investment cost and date of commercici operation; (f) Incremental heat rate and total heat rate through-out normal net loading range; (g) Average annual fuel cost in cents /MMBtu for each year 1970-1985; (h) Minimum and maximum net output in mw; (1) Normal annual amount of time for scheduled maintenance and refueling; (j) For future nuclear units, documents describing how amortization of the initial fuel core is handled in the ,

above costs and providing a break-down of total capital cost and unit cost amounts for each unit; (k) Unit rating (nameplate and gross capacity),

summer and winter; (1) Type of each generating unit (steam turbine, gas 23 .

turbine, hydro, diesel, etc. ), and whether used for base load, intermediate, peaking, or standby service; (m) Insurance rates and amounts, including types and coverage (coinsurance, fire, boiler, ex-4 tended coverage, etc. );

(n) Steam temperature, pressure, and flow con-ditions for each unit, existing and planned; (o) Unit operating personnel including number and i

classification of employees, hourly wage rates, fringe benefits and administrative overheads, etc.

(p) Copy of studies on nuclear fuel management, including design criteria, such as number of 4

regions, size of inventory and of core, repro-i cessing time, design load factor, initial and final enrichment, etc. , and studies on costs r

l and method of financing nuclear fuel, including unit costs for ore, conversion, enrichment, l

fabrication, shipping spent fuel, recovery, plu-tonium, credit, etc. ;

(q) Sequence of loading units (incremental hading plan) and derivation thereof.

.44. -Documents showing all actual and proposed power purchases and sales 24

for the pe. iod 1970-1985, indicating mw and mwh quantities and fixed and variable charges for each such transaction.

45. Total system load data, including:

(a) Load duration data and curve (hourly loads since December,1969);

(b) Monthly load data in mw and mwh, gross and net; (c) Projected load forecast (including method) in mw and mwh'for period 1973 to 1990 with maximum expected derivation, also separate load projections 1973-1990 for each wholesale customer; (d) System power factor in percent for peak load .

period and light load period; (e) Percent station usage energy by generating unit and/or by station; (f) Percent system losses and unaccounted-for energy; ,

(g) Daily load curves (24-hour) for Company system's loads, including typical week in spring, summer, fall and winter and for the peak load, say, in 1973.

46. Planned power supply sources to serve projected loads through 1990, including:

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I (a) Generating unit additions; (b) Ratings and types of generating units; (c) Individual in-service dates contemplated; (d) Purchased capacity and energy and names of potential power suppliers; (e) Schedule for retirement of units.

47. Statement of reliability and load shedding criteria employed, including operating manuals and load shedding schedule.

48. Documents relating to each occasion on which Cleveland was requested to reduce the amount of power and energy being taken over the load transfer points, including documents showing what loads had first been shed on the CEI system.

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49 Copies of the System Planning Department's 5-year and 20-year plans.

50. Documents regarding the ability of municipal and cooperative systems to purchase bulk power at Company's wholesale rates and to resell to retail customers at rates equal to or comparable to Company's retail rates.

51. Documents relating to the proposed Yankee-Dixie generation and trans-mission system.

. 5 2. Documents relating to alternative sources of bulk power for the City of Cleveland or the City of Painesville.

53. A set of all rate schedules filed by the Company with the FPC and in effect at any time since January 1,1960.

54. Wholesale and retail rate design studies, and any comparative studies j 26

of wholesale and retail rates, documents relating to the decision to file for new rates, all correspondence and memoranda regarding each filing from January 1,1960, to present.

55. All cost of service studies relating to wheeling or transmission ser-vice on Company's system for the period 1965 to date and in the future from date through 1985.

56. Documents showing the names and addresses of all public relations firms in Ohio employed by the Company and describing the purpose of such employment. (In lieu of the foregoing, a verified list containing .

the information would be acceptable. ) A breakdown of all advertising and public relations expenditures.

57. Documents including, but not limited to, advertising material prepared for the purpose of encouraging commercial and industrial. customers to locate in the Company's service area or for the purpose of enceura-ging increased use of electricity in that service area, and documents

concerning Company's approach to, discussion or other contact with

any commercial or industrial customer (actual or potential) for either l

j of these two purposes.

l l 58. Documents (including records of expenditures) regarding any advertise-ments, public relations campaigns, or other means employed by Com-pany to secure support for its views in or in connection with any muni-l cipal election in Cleveland.

59 Breakdown and description of nature of expenditures made under Com-pany's public relations budget from 1965 to date.

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60. Copies of all advertisements published or proposed which were paid for by CEI pertaining to the City of Cleveland electric system whether or not CEI appeared as the sponsor of the advertisement.

61. Vouchers for all advertising expenditures since January 1,1964.

62. Documents relating to promotional allowances given to electric appliance dealers and customers.

63. Documents relating to comments by WJW radio and WJW-TVand WERE radio, including statements by Gary Dee about MELP.

64. All documents concerning and relating to the transmission of 30 mw of PASNY power to the City of Cleveland, including negotiations with AMP-O.

65. All documents concerning the transmission of power for Cleveland from Buckeye Power, Inc. or a plant to be built by American Electric Power Company System pursuant to Columbus and Southern OhioElectric settlement in Administrative Proceeding File No. 3-1476 before the Securities and Exchange Commission. .

66. Documents relating to a request by Cleveland on December 15, 1972, for emergency power over the 69 kv interconnection ordered by the Federal Power Commission.

67. Documents relating to Cleveland's request of February 6,1973, for 30 mw of electricity from'CEI over the 69 kv interconnection when CEI refused to supply power unless Cleveland agreed to take 43 mw.

68. Documents relating to the case of Charles Miller v. City of Cleveland, Common Pleas Court, Docket No. 905940 (1972) which was brought to enjoin the construction by the City of a 138 kv transmission line.

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69 Documents relating to CEI's position expressed at a meeting held on June 25,1974, that the 69 kv emergency interconnection should be used as a load transfer point.

70. Documents pertaining to attempts by CEI to have the City Council remove approximately $10 million from the City's Light Plant budget for construction of 75,000 kv of capacity and $5 million for inter-connection of the municipal power plants of Cleveland, Painesville and Orrville in 1960 and 1961, including the activities and statements of Mr. Lee C. Howley before the City Planning Commission, and any other documents pertaining to efforts by the Company, its directors or officers to influence the budget for the City's electric system since January 1,1960. .

71. Documents describing the economic condition of the area served by Company, projections of future economic conditions, or the prospect for attracting commercial and industrial customers, or other potential stimuli of economic growth of the area.

72. Documents concerning the drafting, amendment, passage or otherwise concerning Ordinance No. 2104-72 of the City Council of the City of Cleveland, including correspondence with Bond Counsel for the City )

l of Cleveland and with members of the City Council of the City of Cleve- I land.

73. Documents concerning the offering for bid by the City of Cleveland of

$9,800,000 Temporary Electric Light and Power Plant System Sub-ordinate Mortgage Revenue Bonds. Include documents concerning a 29 ,

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possible or proposed bid for the bonds by the First National Bank of Boston and its correspondent Bank, Central National Bank of Cleveland, Ohio.

74. Documents relating to the drafting of Bond Ordinances for the City of Cleveland for the City's Electric Light System First Mortgage Revenue Bonds and Temporary Electric Light and Power Plant System Subordinate Mortgage Revenue Bonds, including correspondence with Mr. Brueckel of the law firm of Squire, Sanders & Dempsey.

75. Documents relating to all a'ctions at law or equity brought to defeat, delay or interfere with the City of Cleveland's proposed sale of

$9,800,000 Temporary Electric Light and Power Plant and System Subordinate Mortgage Revenue Bonds whether brought in the name of the Company or some other party.

76. Documents relating to the 1938 $40 million bond issue for the Cleveland electric system, including documents pertaining to the use of'CEI em-ployees to canvas and transport voters to the polls to vote on the bond issue, the introduction in the Cleveland City Council of Ordinance No.

2135-38, and Ordinance No. 2136-38, a suit filed in Common Pleas Court on or about December 2,1938, attacking the validity of the Bond Ordinance and special election and all appeals therefrom, and docu-ments relating to a grant by the Federal Public Works Administration of funds to be used in conjunction with the funds received from that bond issue.

77. Documents relating to the City of Cleveland's Electric Light System i

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First Mortgage Revenue Bonds, including any correspondence with the Union Commerce Bank or Mr. J. A. Hirkla, Trust Officer, or Mr.

Raymond G. Hengst.

78. Documents concerning Civil Action No. C-73-730 in the U.S. District Court for the Eastern District of Ohio, brought by James D. Nolan against the City of Cleveland in which it is alleged that the City's general fund has been used to subsidize the Division of Light and Power.

79 Documents showing the names and addresses of all attorneys in Ohio retained by the Company and describing the basis for such retainers.

(In lieu of the foregoing, a verified list containing the information would be acceptable. )

80. Budget planning reports from January 1,1965 to date and all documents used or relied upon in formulating the budget planning reports.

81. Weekly reports submitted to Mr. Lee Howley by the Government Affairs Department of the Company.

82. Documents including statements made before the Cleveland City Council, press releases, letters to Cleveland City Council members, and memo-randa of ciscussions or contacts with Cleveland City Council members relating to the appropriate rate level or rate structure for the City's electric system, including statements by Elmer H. Lindseth in April, 1957.

83. Documents concerning the appointment of Ben Stafanski as Director of Public Utilities of the City of Clevaland.

84. Documents concerning the appointment of Arnold Turkel to the position of Executive Commissioner of Light and Power of the City of Cleveland.

31

4

85. Names of officers, directors and employees of Company holding office in pclitical organizations, including the name of the organization and the office held.

86. A list of all campaign contributions by officers or directors of Com-pany in excess of $25.00 to candidates for City Council or Mayor of the City of Cleveland since 1960.

87. A list of all disbursements of the Committee of Subscriptions of the Company.

88. Documents showing all amounts collected from officers and employees on the Treasurer's payroll for political purposes, including the amounts collected, the amounts listed in the receipts given therefor and the disbursements made from the political fund established.

d 89 Documents pertaining to the activities of:

(a) Greater Cleveland Growth Association; (b) Citizens League; (c) Electric League.

90. Documents concerning the March 4, 1974, and March 5,1974, meetings of the Public Utilities Committee of the Council of the City of Cleveland and the Finance Committee of the Council of the City of Cleveland, in-cluding documents concerning contacts with Mr. Francis E. Gaul and Mr. Michael Zone or any other person either before or after the public hearings pertaining to matters discussed at those hearings or in any way connected with the allegations contained in Mr. Howley's affidavit r filed on March 27, 1974, in these proceedings.

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91. A list of all banks where CEI or CAPCO have maintained deposits and the average annual balance for each bank.

92. Documents relating to the policy of the Cleveland Trust Company or any other Cleveland bank or savings and loan association to require that prospeedve mortgage customers obtain their electric service from CEI.

93. Documents concerning a $1,700 advertising allowance f ven to the manager of an apartment building located at 18050 Lake Shore Boulevard.

94. Documents relating to electric service to Maria Parkway Nursing Home, 3600 Franklin Boulevard, Cleveland, Ohio, including reports on the activities of Mr. Chester Mayland in the fall of 1972.

95. Documents concerning the change over of service of a building at 3631 West 45 Street, Cleveland, Ohio, on February 5,1972, from Cleveland to Company.

96. Documents relating to wiring and material furnished to State Chemical Manufacturing Company of 3100 Hamilton Avenue, Cleveland, Ohio.

97. Documents relating to providing service to Park Central Towers, located at East 12th Street and Chester Avenue, including extent of CEI's parti-cipation in the cost of installing equipment to induce acceptance of s,er-vice from Company.

98. Documents pertaining to attempts by Bill Bush, CEI Sales Representative, to obtain Cleveland's customer Pentagon Plating Industries, Inc. as a j customer of CEI.

I

99. Documents relating to the change in service of R. J. Heating, 3803 Clark t Avenue, Cleveland, Ohio, from the City to CEI.

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100. Documents relating to change in electric service at 4603-17 Franklin Avenue, Cleveland, Ohio, from City to CEI.

101. Documents relating to providing electric service to Nu-Grain Corpora-tion, 17710 South Waterloo Road, Cleveland, Ohio.

102. Documents relating to providing electric service to An-Mar, Incorpora-ted, 3290 West 65 Street, Cleveland, Ohio.

103. Documents relating to statements made about February and March,1972, and at other times, by CEI employees to customers who switched ser-vice from Cleveland to CEI advising against payment of outstanding light bills to Cleveland.

104. All documents relating to House Power Electricians and the licensing of House Power Electricians.

105. Documents relating to the financing of electrical repairs .needed to comply with Building and Wiring Codes through House Power Electri-cians and CEI, including the offer of CEI through Mr. Chester Malin to pay a portion of the costs estimated by Mr. Joe Nadar for additional electric repairs at 6621-25 Demison Avenue, Cleveland, Ohio.

106. Documents relating to instructions to, and the activities of, electrical inspectors employed by Company.

107. Documents relating to offers to reimburse Cleveland's customer (s) for correction of electrical violations if the customer (s) switch service from Cleveland to Company.

108. Documents relating to payment by Chester Malin of CEI to electrical contractor for removal of conductors at Acacial Rest Home, 880 Carnegie l Avenue, Cleveland, Ohio.

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l

1 109. Documents relating to payments made to Dietz Electric for work per-formed on electric customer's premises.

110. Expenses incurred in providing service to Forest City Foundry, 2500 West 27 Street, & West 94 Street & Maywood, Cleveland, Ohio.

111. Payments to Hi-Lite Electric for rewiring St. Aloysius Church School Building, 10932 St. Clair Avenue, Cleveland, Ohio.

112. Documents concerning the purchase, lease or takeover by other means of the Municipal Electric Light and Power System of the City of Cleve-land or the system of the City of Painesville.

113. Daily diaries, logs, and appointment calendars of the officers and directors of Company.

CITY OF CLEVELAND, OHIO By ////

O c 4",dAf.

Reuben Goldberg Its Attorney Reuben Goldberg -

David C. Hjelmfelt 1700 Pennsylvania Avenue, N. W.

Washington, D. C. 20006 Telephone (202) 659-2333 Herbert R. Whiting Director of Law

. Robert D. Hart Assistant Director of Law City of Cleveland City Hall Cleveland, Ohio 44114 j Telephone (216) 694-2717 l August 26, 1974 l

35

UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

The Toledo Edison Company ) Docket No. 50-346A The Cleveland Electric Illuminating )

Company )

(Davis-Besse Nuclear Power Station))

) ,

T'.e Cleveland Electric Illuminating ) Docket Nos. 50-440A Company, et al. ) and 50-441A (Perry Nuclear Power Plant, Units )

l and 2) )

Certificate of Service I hereby certify that service of the foregoing " Interrogatories of the City of Cleveland to the Cleveland Electric Illuminating Company" and "First Request of the City of Cleveland for the Production of Documents by Applicant, The Cleveland Electric Illuminating Company", has been made on the following parties listed on the attachment hereto this 26th day of August, 1974, by depositing copies thereof in the United States mail, first chss or air mail, po=tage prepaid, i

• Y. W '

Reuben' Goldber Attachment

ATTACHMENT Atomic Safety and Licensing Board J seph J. Saunders, Esq.

U.S. Atomic Energy Commission Steven Charno, Esq.

Washington, D. C. 20545 Antitrust Division Department of Justice Mr. Frank W. Karas, Chief Post Office Box 7513 Public Proceedings Branch Washington, D. C. 20044 Office of the Secretary Abraham Eraitman, Esq.

U. S. Atomic Eneigy Commisaion Offe . of Antitrust and Indemnity Washington, D. C. 20545 U. S. Atomic Energy Commission Washington, D. C. 20545 John B. Farmakides, Esq.

Chairman William T. Clabault, Esq.

Atomic Safety and Licensing Board David A. Leckie, Esq.

U. S. Atomic Energy Commission Department of Justice Washington, D. C. 20545 <

Post Office Box 7513 Washington, D. C. 20044 John H. Brebbia, Esq.

Atomic Safety and Licensing Board Gerald Charnoff, Esq.

Alston, Miller & Gaines Shan , Pittman, Potts & Trowbridge 1776 K Street, N. W. 910 - 17th Street, M. W.

Washington, D. C. 20006 Washington, D. C. 20006 Dr. George R. Hall Frank R. C1okey, Esq.

Atomic Safety and Licensing Board Special Assistant Attorney General U. S. Atomic Energy Commission Room 219 - Towne House Apartments Washington, D. C. 20545 Harrisburg, Pennsylvania 17105 Benjamin H. Vogler, Esq. Thomas J. Munsch, Jr. , Esq.

Joseph Rutberg, Esq. General Attorney Office of the General Counsel Duquesne Light Company Regulation 435 Sixth Avenue U. S. Atomic Energy Commission Pittsburgh, Pennsylvania 15219 Washington, D. C. 20545 David McNeil Olds, Esq.

Robert J. Verdisco, Esq. John McN. Cramer, Esq.

Office of the General Counsel Reed, Smith, Shaw & McClay Regulation 747 Union Trust Building U. S. Atomic Energy Commission Pittsburgh, Pennsylvania 15219 Washington, D. C. 20545 John R. White, Esq.

Jon T. B rown, Esq.

Vice President and General Counsel Duncan, Brown, Weinberg & Palmer Ohio Edison Company Suite 777 47 North Main Street 1700 Pennsylvania Avenue, N. W. Akron, Ohio 44308 Washington, D. C. 20006

Page 2 ATTACHMENT (Continued)

Penreylvania Power Company I East Washington Street New Castle, Pennsylvania 16103 Leslie Henry, Esq.

Fuller, Henry, Hodge & Snyder 300 Madison Avenue Toledo, Ohio 43604 Donald H. Hauser, Esq.

The Cleveland Electric Illuminating Co.

Post Office Box 5000 Cleveland, Ohio 44101 John Lansdale, Jr. , Esq.

C ox, Langford & Brown 21 Dupont Circle, N. W.

Washington, D. C. 20036 Alan S. Rosenthal, Chairman Atomic Safety and Licensing Appeals Board U. S. Atomic Energy Commission Washington, D. C. 20545 Dr. John H. Buck Atomic Safety and Licensing Appeals Board U. S. Atomic Energy Commission Washington, D. C. 20545 Dr. Lawrence K. Quarles Atomic Safety and Licensing Appeals Board U. S. Atomic Energy Commission Washington, D. C. 20545 C. Raymond Marvin, Esq.

Deborah M. Powell, Esq.

Antitrust Section 8 East Long Street Suite 510 Columbus, Ohio 43215 I

.._