TERA m . s v .. e ' N% UNITED STATES OF AMERICA BEFORE THE h 6 . #* NUCLEAR REGULATORY COMMISSION ? & In the Matter of ) ) HOUSTON LIGHTING AND POWER CO., ) , et al. ) Docket Nos. 50-498A (South Texas Project, Units ) No. 1 and 2) ) ) _) ) In the Matter of ) ) TEXAS UTILITIES GENERATING COMPANY, ) Docket Nos. 50-445A et al. ) 50-466A ) (Comanche Peak Steam Electric ) Station, Units 1 and 2) ) TO: Marshall E. Miller, Esq., Chairman Atomic Safety & Licensing Board Panel APPLICATION FOR ISSUANCE OF SUBPOENAS The Public Utilities Board of the City of Brownsville, Texas, pursuant to 10 C.F.R. 52.720, hereby makes application for the issuance of subpoenas, attached hereto, as follows: Subpoena for Deposition (1) Robert L. Wright, Union Carbide Corporation ?90313 oS77
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have been informed that this subpoena was returned, signed by
Chairman Miller, to CP&L's attorneys.
Brownsville received notice of this deposition, and
plans to have one of its attorneys in attendance, in order toprotect its own interests in this proceeding. At the deposi-
tion Brownsville may wish to direct its own questions to Mr.
Wright concerning competition in the electric utilityindustry in Texas, including alternative sources of energy
supply and transmission services to Union Carbide plants
located in Texas, and contacts between Union Carbide and
representatives of any electric utility located in Texas.
These topics are within the purview of the deposition noticed
by CP&L, and CP&L's attorney Mr. Ryan has stated that
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there would be no objection to attorneys in attendance at
the deposition putting direct questions to the deponent on
any subject. Nevertheless, in order to be fully assured of
the opportunity to raise the above-described topics at the
deposition noticed by CP&L, Brownsville w' auld like to submit
its own notice of deposition for the same time and place, specifying
the areas in which Brownsville may wish to ask additional questions.
The Public Utilities Board of the City of Brownsville,
Texas requests this Board to sign the enclosed subpoenas and
return then to the undersigned at Spiegel & McDiarmid,
Washington, D.C.
Respectfully submitted,
OA L .'11t C ,Marc R. PoirierOne of the Attorneys for thePublic Utilities Board ofBrownsville, Texas
SPIEGEL & MCDIARMID2600 Virginia Avenue, N.W.Washington, D.C. 20037(202) 333-4500
Dated: February 22, 1979
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UNITED STATES OF AMERICABEFORE THE
NUCLEAR REGULATORY COMMISSION
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of ))
*
Houston Lighting & Power Company ) Docket Nos. 50-498AThe City of San Antonio ) and 50-499AThe City of Austin )Central Power & Light Company )(South Texas Project, Unit Nos. )
)(Comanche Peak Steam Electric )Station, Units 1 and 2) )
)
CERTIFICATE OF SERVICE
I hereby certify that I have caused a copy of theforegoing APPLICATION FOR ISSUANCE OF SUBPOENAS in the abovecaptioned proceeding to be served on the following by depositin the United States mail, first class, postage prepaid, or,as indicated by an asterisk, through deposit in the NuclearRegulatory Commission internal mail system, this 22nd day ofFebruary, 1979.
* Marshall E. Miller, Chairman Joseph J. Saunders, EsquireAtomic Safety & Licensing Board Chief, Public Counsel &
Panel Legislative SectionNuclear Regulatory Commission Department of JusticeWashington, D. C. 20555 P. O. Box 14141
Washington, D. C. 2^044* Sheldon J. Wolfe, EsquireAtomic Safety & Licensing Board Joseph Gallo, Esquire
Panel Richard D. Cudahy, EsquireNuclear Regulatory Commission Robert H. Loeffler, EsquireWashington, D. C. 20555 Isham, Lincoln & Beale
Suite 701Michael L. Glaser, Esquire 1350 17th Street, N. W.1150 17th Street, N. W. Washington, D. C. 20036Washington, D. C. 20036
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John D. Whitler, EsquireJoseph Rutberg, Esquire Ronald Clark, Esquire*
Antitrust Counsel Department of JusticeCounsel for NRC Staff P. O. Box 14141Nuclear Regulatory Commission Washington, D. C. 20044Washington, D. C. 20555
Joseph Knotts, EsquireChase R. Stephens, Chief Nicholas S. Reynolds, Esquire*
Docketing and Service Section Debevoise & LibermanOffice of the Secretary 1200 17th Street, N. W.
Nuclear Regulatory Commission Washington, D. C. 20036Washington, D. C. 20555
Douglas F. John, Esquire Joseph I. Worsham, EsquireAkin, Gump, Hauer & Feld Merlyn D. Sampels, Esquire1100 Madison Office Building Worsham, Forsythe & Sampels1155 15th Street, N. W. 2001 Bryan Tower, Suite 2500Washington, D. C. 20)24 Dallas, Texas 75201
R. Gordon Gooch, Esquire Spencer C. Relyea, EsquireJohn P. Mathis, Esquire Wt . 'am, Forsythe & SampelsBaker & Botts 20b ,ryan Tower, Suite 25001701 Pennsylvania Avenue, N. W. Dallas, Texas 75201Washington, D. C. 20006
R. L. Hancock, DirectorRobert Lowenstein, Esquire City of Austin ElectricJ. A. Bouknight, Jr., Esquire Utility DepartmentLowenstein, Newman, Reis & P. O. Box 10C8Axelrad Austin, Texas 78767
1025 Connecticut Avenue, N. W.Washington, D. C. 20036 Jerry L. Harris, Esquire
City AttorneyWilliam J. Franklin, Esquire City of AustinLowenstein, Newman, Reis & P. O. Box 1088Axelrad Austin, Texas 78767
1025 Connecticut Avenue, N. W.Washington, D. C. 20036 Richard C. Balough, Esquire
Assistant City AttorneyFrederick H. Ritts, Esquire City of AustinLaw Offices of Northcutt Ely P. O. Box 1088Watergate 600 Building Austin, Texas 78767Washington, D. C. 20037
Dan H. DavidsonWheatley & Wolleson City Manager1112 Watergate Office Building City of Austin2609 Virginia Avenue, N. W. P. O. Box 1088Washington, D. C. 20037 Austin, Texas 78767
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Roff Hardy, Chairman and Chief Don R. Butler, EsquireExecutive Officer Sneed, Vine, Wilkerson, Selman
Central Power & Light Company & PerryP. O. Box 2121 P. O. Box 1409Corpus Christi, Texas 78403 Austin, Texas 78767
G. K. Spruce, General Manger Morgan Hunter, EsquireCity Public Service Board McGinnis, Lochridge & KilgoreP. O. Box 1771 900 Congress AvenueSan Antonio, Texas 78203 Austin, Texas 78701
Jon C. Wood, Esquire Kevin B. Pratt, EsquireW. 7.oger Wilson, Esquire Assistant Attorney GeneralMatthews, Nowlin, Macfarlane P. O. Box 12548
& Barrett Capital Station1500 Alamo National Building Austin, Texas 78711San Antonio, Texas 78205
Linda L. Aakar, EsquirePerry G. Brittain, President Assistant Attorney GeneralTexas Utilities Generating P. O. Box 125/.3
Company Capital Station2001 Bryan Tower Austin, Texas 78711Dallas, Texas 75201
E. W. Barnett, Esquire John E. Mathews, Jr., EsquireCharles G. Thrash, Jr., Esquire Mathews, Osborne, Ehrlich,Baker & Botts McNatt, Gobelman & Cobb3000 One Shell Plaza 1500 American Heritage Life Bldg.Houston, Texas 77002 Jacksonville, Florida 32202
J. Gregory Copeland, Esquire Robert E. BathenTheodore F. Weiss, Jr., Esquire R. W. Beck & AssociatesBaker & Botts P. O. Box 68173000 Or.c $"all Plaza Orlando, Florida 82803Houston, rexas 77002
Somervell County Public LibraryG. W. rprea, Jr. P. O. Box 417Execut ive Vice President Glen Rose, Texas 76403Houstin Lighting & Power CompanyP. O. Box 1700 Maynard Human, General ManagerHous' ;, Texas 77001 Western Farmers Electric Coop.
P. O. Box 429Aradarko, Oklahoma 73005
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W. S. Robson, General ManagerSouth Texas Electric Cooperative,
Inc. James E. MonahanRoute 6, Building 102 Executive Vice President andVictoria Regional Airport General managerVictoria, Texas 77901 Brazos Electric nower Coop., Inc.
P. O. Box 6296Michael I. Miller, Esquire Waco, Texas 76706Richard E. Powell, EsquireIsham, Lincoln & Beale Judith Harris, EsquireOne First National Plaza Department of JusticeChicago, Illinois 60603 P. O. Box 14141
Washington, D. C. 20044David M. Stahl, EsquireThomas G. Ryan, Esquire Jerome Saltzman, ChiefIsham, Lincoln & Beale Antitrust & Indemnity GroupOne First National Plaza Nuclear Regulatory CommissionChicago, Illinois 60603 Washington, D. C. 20555
Knoland J. Plucknett Jay M. Galt, EsquireExecutive Director Looney, Nichols, Johnson &Committee on Power for the Hayes
Southwest, Inc. 219 Couch Dic.'5541 Skelly Drive Oklahoma City, Oklahoma 73101Tulsa, Oklahoma 74135
G1C C SMarc R. PoirierAttorney for the Public Utilities Board of theCity of Brownsville, Texas
Subpoena for Deposition
UNITED STATES OF AMERICABEFORE THE
NUCLEAR REGULATORY COMMISSION
In the Matter of ))
HOUSTON LIGHTING AND POWER COMPANY ) Docket Nos. 50-498ATHE CITY OF SAN ANTONIO ) 50-499ATHE CITY OF AUSTIN and )CENTRAL POWER AND LIGHT COMPANY )
)(South Texas Project, Units Nos. )1 and 2) )
SUBPOENA
TO: Robert L. WrightUnion Carbide CorporationChemicals and Plastics DivisionP.O. Box 186Port Lavaca, Texas 77979
YOU ARE HEREBY COMMANDED to appear at Best Western
Shellfish Inn, Highway 35 North, Box 227 in the city of Port
Lavaca, Texas on the 16th day of March, 1979 at 9:30 o' clock
A.M. (and thereafter from day to day, if necessary) to testifyon behalf of the Public Utilities Board of the City of
Brownsville, Texas at the taking of a deposition in the
above-entitled action pending before the Atomic Safety and
Licensing Board of the Nuclear Regulatory Commission. The
subject matter of the deposition shall include all mattersnoticed by Central Power & Light Company for its deposition
of Mr. Wright at the same date, hour, and 1ccation; and shall
include competition in the electric utility industry in Texas,
Subpoena for DepositionPage Two
alternative sources of energy supply to Union Carbide plants
located in Texas (including Union Carbide's plant in the
Brownsville Navigation District), and contacts between Union
Carbide and representatives of any electric utility locatedin Texas (including Central Power & Light Company).
BY ORDER OF THE ATOMIC SAFETYAND LICENSING BOARD
By
19.................,
Marc R. PoirierAttorney for the PublicUtilities Board of theCity of Brownsville, TexasSPIEGEL & McDIARMIDloud Virginia Avenue., NWWashington, D.C. 20037(202) 333-4500
10 C.F.R. 2.720(f)On motion made promptly, and in any event
at or before the time specified in the subpoenafor compliance by the person to whom the sub-poena is directed, and on notice to the party atwhose instance the subpoena was issued, thepresiding officer or, if he is unavailable, theCommission may (1) quash or modify the sub-poena if it is unreasonable or requires evidencenot relevant to any matter in issue, or (2) con-dition denial of the motion on just and reasonableterms.
Subscribed and sworn to before me, a ........................
19....this ........ day of ...............,
.
Subpoena for Production of Documents
UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSION
In the Matter of ))
HOUSTON LIGHTING AND POWER COMPANY ) Docket Nos. 50-498ATHE CITY OF SAN ANTONIO ) 50-499ATHE CITY OF AUSTIN and )CENTRAL POWER AND LIGHT COMPANY )
)(South Texas Project, Units Nos. )1 and 2) )
SUBPOENA
TO: Keeper of the RecordsGulf States Utilities Company285 Liberty StreetBeaumont, Texas
YOU ARE HEREBY COMMANDED to make available for inspec-
tion and copying at 285 Liberty Street in the city of
Beaumont, Texas on the 12th day of March, 1979 the
documents (s) or object (s) described in the attached schedule.
.
Subpoena for Production of DocumentsPage Two
BY ORDER OF THE ATOMIC SAFETYAND LICENSING BOARD
By
1979..............,
Marc R. PoirierAttorney for the PublicUtilities Board of theCity of Brownsville, TexasSPIEGEL & McDIARMID2600 Virginia Avenue NWWashington, D.C. 20037(202) 333-4500
10 C.F.R. 2.720(f)
On motion made promptly, and in any eventat or before the time specified in the subpoenafor compliance by the person to whom the sab-poena is directed, and on notice to the party atwhose instance the subpoena was issued, thepresiding officer or, if he is unavilable, theCommission may (1) quash or modify the sub-poena if it is unreasonable or requires evidencenot relevant to any matter in issue, or (2) con-dition denial of the motion on just.and reasonableterms.
_
SCHEDULE TO SUBPOENA FOR PRODUCTION OF DOCUMENTS
1.(a) Please produce maps sufficient to indicate all actual
and projected GSU transmission and subtransmission lir.as
located within the State of Texas since 1965.
(b) Please produce maps indicating present GSU distribution
facilities within 50 miles of any area served by any electric
utility that is a member of the Electric Reliability Council
of Texas ("ERCOT").
2. Please produce all documents relating to any joint
actions, actual or contemplated, by three or more operating
companies that are members of the Texas Interconnected
System (" TIS"), or by GSU and two or more operating companies
that are members of the Texas Interconnected System (including
acti.ons by representatives of such companies), including,
but not limited to, joint reports or studies, joint planning
of generation or transmission expansion, and meetings of any
kind.
3. Please produce all documents relating to GSU's gas
supply that involve any other electric utility located in whole orin part within Texas. This request includes, but is no t
limited to, entitlements, ownership interests or any other
form of control of or access to gas, and includes projections
or potential supply. The scope of this request is from
January 1, 1972 to date. Exclude routine billing documents.
4.(a) Please produce all fuel contracts in effect at
any time from January 1, 1972 to the present.
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(b) Please produce copies of the Uniform Statistical
Report to the Edison Electric Institute from 1972 to the
present.
(c) Please produce copies of the FERC Form 423 from its
inception to date. For periods from January 1972 to date for
which a Form 423 is unavailable, please produce copies of any
report or reports made to the Texas Public Utilities
Commission or its predecessors that contain equivalent
information.
(d) Please produce copies of the FERC Form 1 from 1972
to the present.
(e) Please produce copies of the FERC Form 12 from 1972
to the present.
(f) Please produce load flow diagrams for the main
transmission system from 1972 to date, including summer peak,
winter peak, and a typical off-peak period.
5.(a) Produce all documents relating to each offer of
participation in any nuclear electric generating unit located
in Texas, made or received by GSU.
(b) Produce all documents relating to participation,
actual or potential, by any electric utility in the South
Texas Units, including the terms and conditions, limitations
or restrictions of such participation.
6.(a) Please produce all documents relating to
transmission services, actual or potential, by GSU to each of
the following:
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(i) any municipally owned or operated electric utility
located in whole or in part in Texas;
(ii) any cooperative or rural electric cooperative located
in whole or in part in Texas;
(iii) any other electric utility that is a member of TIS.
Please note that transmission services as definedincludes transmission of power and/or energy generated by GSU.
(b) Please produce all documents relating to construc-
tion of additional transmission facilities, or to increasing
the capacity of existing transmission facilities, actual or
potential, by GSU for the purpose of providing transmissionservices to any of the electric utilities listed in (a) (i)-(iii)
above.
7.(a) Please produce all documents relating to intercon-
nection and/or interconnected operation of GSU with any other
electric utility located in whole or in part within the
geographic boundaries of the State of Texas. Exclude routine
billing and log data.
(b) To the extent not otherwise provided or supplied in
response to this subpoena for production of documents,
please produce copies of any interconnection agreements
entered into between GSU and any other electric utility
located in whole or in part within the geographical boun-
daries of the State of Texas.
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8.(a) Please produce all documents relating to policy for
the sale of power, actual, planned or potential, or to
establishing terms for the sale of power, from GSU to any of the
following:
(i) any municipally owned or operated electric utility
located in whole or in part in Texas;
(ii) any electric cooperative or rural electric
cooperative located in whole or in part in Texas;
(iii) any other electric utility that is a member of TIS.
Exclude billing and log data.
(b) Please produce all documents relating to policy for
participation, actual, planned or potential, or to establishing
terms for any participation, by any electric utility listed
in (a) (i)-(iii) above in any generation facility of which
GSU is whole or part owner.
9. Please produce all documents relating to the power
TU, HL&P, the Texas Public Utilities Commission, the United
States Department of Justice, the Staf f of the United States
Nuclear Regulatory Commission, relating to any cf the
following proceedings:
(a) In the Matter of Houston Lighting & Power Co. et
al. (South Texas Project, Units 1 and 2), NRC Docket Nos.
50-498A and 50-499A;
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(b) In the Matter of Texas Utilities Generating Company
(Comanche Peak Steam Electric Station, Units 1 and 2), NRC
Docket N's. 50-445A and 50-446A;
(c) In tha Matter of Central and South West
Corporation, et al., SEC Administrative Proceeding File No.
3-4951;
(d) West Texas Utilities Company et al. v. Texas
Electric Service Company, et al., No. CA3-76-0633-F, United
States District Court (N. D. Texas, Dallas Division);
(e) In the Matter of the Emergency Hearing on
Intrastate and Interstate Service of Texas Interconnected
System, Docket No. 14, Public Utilities Commission of Texas.
INSTRUCTIONS
The period of time for which documents are requested
includes the entire period from January 1, 1965 to tne date
on which documents are made available for inspection and
copying to the Public Utilities Board of the City of
Brownsvile, Texas ("Brownsville") or its representatives.
Brownsville reqcests that the Keeper of the Records
identify the specific request or requests to which each
document is responsive. Where possible, the Keeper of the
Records is requested to maintain the integrity of Union
Carbide's filing and recordkeeping systems by producing
together documents responsive to this Subpoena, which are
f ound together in the Keeper of the Records' files.
.
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If you claim that any document requested hereunder is
privileged, with respect to each such documents, please pro-
vide the following:
(a) date;
(b) type of document;
(c) identity of author and addressee;
(d) present location and custodian;
(e) any other description necessary to enablethe custodian to locate the particulardocument;
(f) the basis for the claimed privilege; and
(g) a detailed description of the nature of anyjudicial protection alleged to be necessaryto protect the privilege or confidentialnature of any such document.
DEFINITIONS
A. " Documents" mean all writings and records of every
type in the actual or constructive possession, control, or
custody of GSU, its directors, officers, employees, con-
sultants, or agents, including but not limited to contracts,