ML19209A999

Request for Production of Documents by Tx Utils Generating Co & Houston Lighting & Power.Documents Requested Should Be Relevant to Transactions Between Both Utils Re Purchase & Sale of Fuel & Other Related Info.W/Proof of Svc

ML19209A999
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	08/22/1979
From:	Carney J CENTRAL & SOUTH WEST CORP., CENTRAL POWER & LIGHT CO., PUBLIC SERVICE CO. OF OKLAHOMA
To:
References
NUDOCS 7910050765
Download: ML19209A999 (12)

Text

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UNITED STATES OF AMERICA ,

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NUCLEAR REGULATORY COMMISSION j

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD's,,p ~v , '.

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In the Matter of )

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HOUSTON LIGHTING & POWER ) NRC Docket Nos. 50-493A COMPANY, et al. ) 50-499A

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(South Texas Project, Unit )

Nos. 1 and 2) )

)

)

In the Matter of )

)

TEXAS UTILITIES GENERATING ) Docket Scs. 50-145A COMPANY, et al. ) 50-446A

)

(Comanche Peak Steam )

Electric Station, Units 1 )

and 2) ) (Consolidated for Discovery)

REQUEST OF CENTFAL .1ND SOUTH WEST CORPORATION, ET AL. FOR PRODUCTIC'N OF DOCUMENTS ADDRESSED TO TEXAS UTILITIES GENERnTING COMPANY AND HOUSTON LIGHTING AND POWER COMPANY Central and South West Corporation ("CSW"),

Central Pcwer and Light Company (" CPL") , Public Service Ccmpany of Oklahcma ("PSO") , Southwestern Electric Power Company ("SWEP") and West Texas Utilities Company ("WTU" ) ,

through their attorneys and pursuant to Rule 2.741 of this Commission's Rules of Practice, hereby recuests that the dccuments set forth below be made available for inspection and copying at 9:30 a.m. on September 27, 1979, at the offices of Isham, Linco'.n & Beale, One First National Pla:a, Chicago, Illinois, or at such otaer time and place as the parties may agree upon in writing.

.4 7910050 / 6 5 g i128 050

A. Definitions

1. " Documents" neans, without limiting the gen-erality of its meaning, all original (or copies where ori-ginals are unavailable) and non-identical copies (whether different from originals by reason of notation made on such copies or otherwise) of all written, recorded or graphic matter, however produced or reproduced, whether or not now in existence, including but not limited to correspondence, telegrams, notes or sound recordings of any type of conver-sation, meeting, or conference, minutes of directors' or committee meetings, memoranda, inter-office ccmmunications, studies, analyses, notes, books, records, reports, summaries and results of investigations and tests, reviews, contracts, agreements, pamphlets, diaries, calendar or diary entries, maps, graphs, charts, statistical records, computer data or papers similar to any of the foregoing, however denominated, including preliminary versions, drafts or revisions of any of the foregoing and any supporting, underlying or pre-paratory material.

2.

" Relating to" or " relate" means consisting of, referring to, reflecting, or being in any way legally, logically or factually connected with. Requests " relating to" a subject or item should be understood to include pos-sible or contemplated actions as to suca subject or item.

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a For example, a request for documents relating to a purchase or sale would include documents relating to proposed pur-chases and sales that have been considered but rejected.

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

4. " Representative" shall be understood to in-clude, without limiting the generality of its meaning, any director, officer, employee, contractor, attorney, accountant or consultant, of any person or entity, who at a particular formal or informal meeting, or in a particular document or communication, appear to participate in the meeting, or in the making of or the receipt of the document or communica-tion, on behalf of or as agent for, said person-, Whether or not a representative has actual authority as an agent of the person is irrelevant to his or her status as a representative.

5. " Texas Utilities" or "TU" shall mean Texas Utilities Generating Ccmpany, its parent, affiliated, direct 1128 052

and indirect subsidiary and all predecessor companies, in-cluding, but not limited to, Texas Utilities Company, Dallas Power & Light Company, Texas Electric Service Company, Texas Power & Light Company, Texas Utilities Service Company and Texas Utilities Fuel Company.

6. " Houston Lighting & Power Company" or "HL&P" shall be understood to include its parent, direct and in-dir?ct subsidiary, affiliated, or predecessor companies and any er.tities providing electric service at wholesale or retail, the properties or assets of which have been acquired by HLI.P.

3. Instructionr_

l. Pursuant to the directive of the Board

' Transcript at 105), issued at the prehearing conference on June 21, 1973, these interrogatories and requests for pro-duction cf documents are continuing in nature and, accord-ingly, require supplemental answers or production should TU or HLP generate or obtain further pertinent information or docume.nts after the time for compliance with these discovery requests.

2. Unless otherwise indicated, the documents hereby requested to be furnished shall include all documents from the files and records of TU or HL&P or otherwise within the possession, custody or control of TU or HL&P or any of their representatives dated January 1, 1965, to the present.

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3. If any document otherwise responsive to any request was, on or after December 19, 1970, (date of enact-ment of P. L.91-560), but is no longer, in the possession of TU or HL&P, or subject to the control of TU or HL&P, or in existence, state

• whether (1) it is missing or lost, (2) has been destroyed, (3) has been transferred voluntarily to others, or (4) has been otherwise disposed of. In each instance, explain the circumstances surrounding such dispo-sition and identify the person (s) directing or authorizing 4.ts destruction cr transfer, and the date (s) of such direc-tion or authorization. Identify each such document by listing its author and addressee, type (e.g., letter, memo-randum, telegram, chart, photograph, etc.), date, subject matter, whether the document (or copies) are still in exist-ence, and if so, their present location (s) and custodian (s).

4. Any documents withheld by reason of any as-sertion of privilege shall be identified individually by listing the person (s) preparing, sending, or receiving the same, the subject and date thereof, and a brief statement on the basi's for asserting privilege as to each document. All documents for which privilege is claimed shall be submitted to the Licensing Board under seal no later than the last day for this document production.

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C. Documents to be Produced

1. All documents relating or referring to any transactions proposed by or to or otherwise given considera-tion by either or both TU and HL&P, whether or not consum-mated and whether,or not still under consideration, for any purchase or salc or other exchange between TU and HL&P of all or part of or any proprietary interest in the Forest Grove generating plant located in Henderson County, Texas or in any other electric power generating plant or unit.

2. All documents relating or referring to any transactions proposed by or to or otherwise given considera-tion by TU, whether or not consummated and whether or not still under consideration, for any purchase or sale between TU and any person or entity other than HL&P of all or part of or any proprietary interest in any electric power generating plant or unit other than the Comanche Peak Steam Electric Station, Units 1 and 2.

3. All documents relating or referring to any transactions proposed by or to or otherwise given considera-tion by ML&P, whether or not consummated and whether or not still under consideration, for any purchase or sale between HL&P and any persen or entity other than TU cf all or part of or any proprietary interest in any electric power generating plant or unit other than the South Texas Project, Unit Nos.

1 and 2.

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4. All documents relating or referring to any

, transactions prcposed by or to or otherwise given considera-tion by either or both TU and HL&P, whether or not consummated and whether or not still under consideration, for any purchase, sale or other exchange of fuel for use in generating electric power, which transactions refer or relate to any of the trans-actions described in paragraphs 1-3 hereof.

5. All documents relati cr referring to any requests made by or to either or boti TU and HL&P for the purchase, sale or other exchange of fuel for use in generat-ing electric power, which requests refor or relate to any of the transactions described in paragraphs 1-3 hereof.

6. All documents relatin or referring to any transactions proposed by or to or otherwise given censidera-tion by either or both TU and HL&P, whether or not consummated and whether or not still under considera:. ton, for any pur-chase, sale or other exchange of electric power between tnem for any period of time after December 1, 1978.

7. All documents relating or referring to any transac.tions croucsed bv or to or otherwise given consideration by TU, whether or not consw.. mated and whether or not still under consideration, for any purchase, sale or other exchange of electric power at wholesale between TU and any person er entity other than HL&P for any period of time after December 1

s, 1910.

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8. All documents relating or referring to any transactions proposed by or to or otherwise given consideration by HL&P, whether or not consummated and whether or not still under consideration for any purchase, sale or other exchange of electric power,at wholesale between HL&P and any person or entity other than TU for any period of time after Decem-ber 1, 1978.

9. All documents relating or referring to any possible additions to or other changes in the electric transmission facilities of either or both TU and HL&P that have been discussed, studied, planned or otherwise given consideration by either or both TU and HL&P since December 1, 1978, which refer or relate to any of the transactions described in paragraphs 1-8 hereof, whether or not such possible additions or changes are still under consideration.

Respectfully submitted, ISHAM, LINCOLN & BEALE

)

Bye (L vM ' '

M ^. A 4Li l ttorneys for Central nd South West Corporatie.

(/ Central Power and Light Company, Public Service Company of Oklahoma, Southwest Electric Power Company and West Texas Utilities Company Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60603 (312) 558-7500 1 8 057

State of Illinois )

) ss.

County of Cook )

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

)

HOUSTON LIGHTING & POWER ) NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN ) 50-499A ANTONIO, THE CITY OF AUSTIN, )

and CENTRAL POWER AND LIGHT )

COMPANY )

(South Texas Project, Unit )

Nos. 1 and 2) )

)

TEXAS UTILITIES GENERATING ) NRC DOCKET NCS. 50-445A COMPANY, ET AL. ) 50-446A (Comanche Peak Steam Electric )

Station, Unit Nos. 1 and 2) )

PRCOF OF SERVICE I, David M. Birnbaum, having been duly sworn, on oath state that I caused copies of the foregoing Request of Central and South West Corporation, Et A1. For Production of Documents Addressed to Texas Utilities Generating Company and Houston Lighting and Power Company to be served upon the following persons by deposit in the United States, mail first class postage prepaid, on this 22nd day of August, 1979.

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Marshall E. Miller, Esq. Mr. Jerome D. Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Michael L. Glaser, Esq. Nuclear Reactor Regulation ,

1150 17th Street, N.W. Washington, D.C. 20555 Washington, D.C. 20036 J. Irion Worsham, Esq.

Sheldon J. Wolfe, Esq. Merlyn D. Sampels,'Esq.

U.S. Nuclear Regulatory Spencer C. Relyea, Esq.

Commission Worsham, Forsythe & Sampels Washington, D.C. 20555 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon C. Wood, Esq.

U.S. Nuclear Regulatory W. Roger Wilson, Esq.

Commission Matthews, Nowlin, Macfarlane Washington, D.C. 20555 & Barrett 1500 Alamo National Building San Antonio, Texas 78205 Charles G. Thrash, Jr., Esq.

Chase R. Stephens E. W. Barnett, Esq.

Docketing and Service Branch Theodore F. Weiss, Esq.

U.S. Nuclear Regulatory J. Gregory Copeland, Esq.

Commission J. Michael Baldwin, EH.

Washington, D.C. 20555 Baker & Botts 3000 One Shell Plaza Houston, Texas 77002 R. Gordon Gooch, Esq. Don R. Butler, Esq.

John P. Mathis, Esq. Sneed, Vine, Wilkerson, Baker & Botts Selman & Perry 1701 Pennsylvania Avenue, N.W. P.O. Box 1409 Washington, D.C. 20006 Austin, Texas 78767 Roy P. Lessy, Jr., Esq.

Michael B. Blume, Esq. Jerry L. Harris, Esq.

OELD U.S. Nuclear Regulatory Richard C. Balough, Esq.

Ccmmission City of Austin Washington, D.C. 20555 P.O. Box 1088 Austin, Texas 78767 Durwood Chalker Chairman and Chief Executive Don H. Davidson Officer City Manager Central Power and Light Company City of Austin P.O. Box 2121 P.O. Box 1088 Corpus Christi, Texas.78403 Austin, Texas 78767 1128 059

r Mr. Perry G. Brittain Robert Lowenstein President J.A. Bouknight, Jr.

Texas Utilities Generating William J. Franklin Company Lowenstein, Newman, Reis &

. 2001 Bryan Tower Axelra'i Dallas, Texas 75201 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Joseph Rutherg, Esq. Wheatley & Miller Antitrust Counsel 1112 Watergate Office Bldg.

Counsel for NRC Staff 2600 Virginia Avenue, N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20037 Washington, D.C. 20555 Joseph J. Saunders, Esq. Linda L. Aaker, Esq.

Chief, Public Counsel & Assistant Attorney General Legislative Section P.O. Box 12548 Antitrust Section Capital Station U.S. Department of Justice Austin, Texas 78711 P.O. Box 14141 Washington, D.C. 20044 G.K. Spruce, General Manager Knoland J. Plucknett City Public Service Board Executive Director P.O. Box 1771 Committee on Power for the San Antonio, Texas 78203 Southwest, Inc.

5541 East Skelly Drive Tulsa, Oklahoma 74135 Jay M. Galt, Esq. Robert E. Bathen Looney, Nichols, Johnson & Hayes R.W. Beck & Associates 219 Couch Drive P.O. Box 6817 Oklahoma City, Oklahoma 73101 Orlando, Florida 82853 John E. Mathews, Jr., Esq. W. N. Woolsey, Esq.

Mathews, Osborne, Ehrlich, Dyer & Redford Gobalman & Cobb 1030 Petroleum Tower 1500 American Heritage Life Bldg. Corpus Christi, Texas 78474 Jacksonville, Florida 32202 Robert M. Rader, Esq. Tom W. Gregg Connor, Moore & Corben P.O. Box Drawer 1032 1747 Pennsylvania Ave. N.W. San Angelo, Texas 76902 Washington, D.C. 20006 Donald M. Clements, Esq. Leland F. Leatherman, Esq.

Gulf States Utilities Co. McMath, Leatherman & Woods, P.A.

Post Office Box 2951 711 West Third Street Beaumont, Texas 77704 Little Rock, Arkansas 72201 Paul W. Eaton, Jr., Esq.

Hinkle, Cox, Eaton, Coffield

& Hensley 600 Henkle Eldg., P. O. Box 10 Roswell, New Mexico 88201 1128 060

John W. Davidson, Esq.

R.L. Hancock, Director Sawtelle, Goode, Davidson &

City of Austin Electric Utility Tioilo P.O. Box 1086 1100 San Antonio Savings

. Austin, Texas 78767 Building San Antonio, Texas 78205 G.W. Oprea, Jr.

Executive Vice President Douglas F. John, Esq.

Houston Lighting & Power Akin, Gump, Haver &,Feld Company 1333 New Hampshire Ave. N.N.

P.O. Box 1700 Suite 400 Houston, Texas 77001 Washington, D.C. 20036 Melvin G. Berger, Esq. Morgan Hunter, Esq.

Ronald Clark, Esq. Bill D. St. Clair, Esq.

Frederick H. Parmenter, Esq. McGinnis, Lockridge &

Susan B. Cyphert, Esq. Kilgore U.S. Department of Justice Fifth Floor, Texas State Antitrust Division Bank Building 411-llth Street, N.W. 900 Congress Avenue Washington, D.C. 20530 Austin, Texas 78701 Kevin B. Pratt Texas Attorney General's Office State of Texas William H, Burchett, Esq.

P.O. Box 12548 Frederick H. Ritts, Esq.

Austin, Texas 78711 Northcatt Ely Watergate 600 Building W.S. Robson Washington, D.C. 20037 General Manager South Texas Electric Cooperative, Robert C. McDiarmid, Esq.

Inc. Robert Jablon, Esq.

Route 6, Building 102 Marc Poirier, Esq.

Victoria Regional Airport 2600 Virginia Avenua, N.W.

Victoria, Texas 77901 Washington, D.C. 20037 Joseph B. Knotts, Jr. Joseph Gallo, Esq.

Nicholas S. Reynolds Isham, Lincoln & Beale Debevoise & Liberman 1050 17th Street, N.W.

1200 Seventeenth St., N.W. Seventh Floor Washington, D.C. 20036 Washington, D.C. 20036 fl' // h?l' % w>

. David M. Birnbaum Subscribed and sworn to before me this,2fd day of August, 1979.

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/ Notarypublic 1128 061