TERA m. s v.. e'

N%UNITED STATES OF AMERICABEFORE 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. 50-445Aet al. ) 50-466A

)

(Comanche Peak Steam Electric )Station, Units 1 and 2) )

TO: Marshall E. Miller, Esq., ChairmanAtomic 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

.

_2_

Subpoena for Production of Documents

(1) Keeper of the Records, Gulf States Utilities Co.

The subpoena for production of documents calls for~

documents from Gulf States Utilities Company ("GSU") that are

relevant to the general issue of competition in the electric

utility industry and, in particular, in Texas and adjacent

areas. Areas addressed by the request include the effect of

changing fuel supplies and of fuel planning on generationcosts of utilities in Texas and adjacent areas; the extent of

joint planning of generation and transmission facilities inTexas; relations of GSU, a company operating in interstate

commerce, sith members of TIS, entirely intrastate; relations

of GSU with municipal utilities (such as Brownsville) and

cooperative utilities that are located in Texas.

The subpoena for deposition is directed towards a

representative of Union Carbide Company, an industry with

plants located in Texas, including a plant located in theBrownsville Navigation District that is in the process of

changing its supplier of electric power. Central Power &

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Light Company ("CP&L") has already requsted from the Board

issuance of a subpoena directing Mr. Robert L. Wright of

Union Carbide Company to appear at the Best Western Shellfish

Inn, Highway 35 North, Box 2 7 in the City of Port Lavaca,e

Texas on the 16th day of March, 1979 at 9:30 A.M. CP&L stated

to the Board that the purpose of this deposition was to develop

further testimony made by Union Carbide in Texas Public

Utilities Commission Docket No. 1776. Brownsville attorneys

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

-.

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. )

1 and 2) )))

In the Matter of ))

TEXAS UTILITIES GENERATING COMPANY,) Docket Nos. 50-445Aet al. ) 50-466A

)(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

-3-

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.

RETURN ON SERVICE

Received this subpoena at .....................on

.................and on........... at.................

.......... served it on the within named.................

............ by deliverir.g a copy to h... and tendering

to h... the fee for one day's attendance and the mileage

allowed by law.

Dated.........., 19.... By......... ...............

Service Fees

Travel.............$

Services...........S

...........

Total.......... ...S

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

supply, transmission requirements, and/or competitive posi-

tion of any municipally or cooperatively owned and/or

operated electric utility located in whole or in part within

the State of Texas, including, but not limited to, studies

and analyses.

10. Please produce all contracts or agreements between

GSU and any municipally or cooperatively owned and/or operated

electric utility located in whole or in part in Texas.

-5-

11. Please produce documents sufficient to indicate the

rates of GSU for all classes of customers since January 1,

1970.

12.(a) Please produce all documents relating to each or

potential offer by GSU of any special rate or individually

designed rate to any customer, including, but not limited to,

industrial or commercial customers whose peak load has ever

exceed 2,000 kw? The scope of this request is from January

1, 1957. Exclude routine billing documents.

(b) Please produce all documents relating to any spe-

cial rate or individually designed rate that GSU offered or

cosidered offering to any potential new industrial customer

since January 1, 1957. Exclude routine billing documents.

13.(a) Please produce all principal documents relating

to each reason for which GSU does not operate in synchronism

with any electric utility that is a member of TIS.

(b) Please produce all documents relating to the relative

advantages to any electric utility of operating solely within

the State of Texas and operating in interstate commerce.

(c) Please produce all documents relating to any study,

or report bv any electric utility, or by any state or federal

agency that regulates electric utilties, the subject of which

relates to, in whole or in part, potential operation of any

electric utility or utilities actually operating solely

within the State of Texas so as to place such utility or util-

ities into interstate commerce. (For purposes of this

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request, operation in interstate commerce includes the defi-nition in FPC v. Florida Power & Light Co., 404 U.S. 453

(1972). ) This request includes documents relating to com-

munications between GSU and any other electric utility

relating to any study or report described above.

14.(a) Please produce all documents relating to the

wholesale sale of power and/or energy by GSU to College

Station, Texas.

(b) Please produce all documents relating to the rate

and terms under which GSU sells or will sell power and/or

energy to College Station, Texas.

(c) Please produce all documents relating to the

construction of transmission lines and/or interconnections toCollege Station, Texas.

15. Please produce all documents relating to actual,

potential, possible or contemplated competition between GSU

and any other electric utility located in the State of Texas.

16. Please furnish a copy of any information or docu-

ments provided formally or informally to any of the

following: CP&L, WTU, PSO, SWEPCO, CSW, TP&L, DP&L, TESCO,

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,

memoranda, correspondence, reports, surveys, tabulations,

churts , books , pamphlets , photographs , maps , bulletins ,

minutes, notes, diaries, log sheets,' ledgers, transcripts,

microfilm, i. neuter printouts, vouchers, accounting state-

ments, telegrams and telegraphic communications , engineering

diagrams (including "one-line diagrams"), mechanical and

electrical recordings, records of telephone communications,

speeches and all other records, written, electrical, mecha-

nical, or otherwise.

.

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" Documents" shall also mean copies of documents, even

though the originals thereof are not in the possession,

custody, or control of GSU, and every copy of a document

which contains handwritten or other notations, or which in

any other manner does not duplicate the original, or any

other copy furnished pursuant to this request.

B. " Communications" shall include, without limiting the

generality of its meaning, all conversations between two or

more persons either in person or by telephone, all state-

ments, speeches, declarations and comments, and shall

include documents as defined in A. above.

C. " Person" shall mean any natural person, company,

association, firm, corporation, cooperative, rural electric

cooperative, municipality, joint stock association, or any

political subdivision, agency or instrumentality of thefederal, state, or municipal governments, or a lawful asso-

ciation of any of the foregoing, or any entity that produces,

generates, transmits, distributes, purchases, sells, or fur-

nishes electricity.

.

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D3 " Identify," when used with respect to documents,

means that the type of document, author, recipient (s) of the

original, recipient (s) of copies, date, and subject of the~

document should be specified.

" Identify," when used with respect to communications,

means that the type of communication, maker of the com-

munication, persons communicated to, persons for whom the

communication was intended, date and subject of the com-

munication should be specified.

" Identify," when used with reference to any cor-

poration, association, cooperative, or other legal entity,

means to state the name and current address of said organiza-

tion or entity; if the current address is unknown, provide

the last known address.

" Identify," when used with respect to any person, means

that the person's name, current business acdress (or current

mailing address for persons now retired), current job title, and

employer, should be specified. If the current address is

unknown, please provide the last known address.

Where more than one request in this series asks for

identification of a document, communication, legal entity, or

person, in response to the second and subsequent requests,

please provide the name of a corporation, legal entity or

person, or the date and author or maker of a document or

communication, along with a reference to the response in

which a full identification was provided.

.

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E. "Representativo" shall be understood to include,

without limiting the generality of its meaning, any director,

officer, employee, contractor, or consultant, of any person as

defined in C., who at a particular formal or informal

meeting, or in a particular document or communication, appears

to participate in the meeting, or in the making of or the

receipt of the document or communication, 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.

F. " 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 sub-

ject or item should be understood to include possible or con-templated actions as to such subject or item. For example, a

request for documents relating to interconnection plans would

include documents relating to interconnection arrangements

that have been considered but rejected.

G. " Electric utility" means a private corporation,

cooperative, rural electric cooperative, municipality, jointstock association, or any political subdivision, agency or

instrumentality of federal, state, or municipal governments,

or a lawful association of any of tne feregoing that owns,

controls, or operates, or proposes or is studying tne possi-

bility of owning, controlling, or operating, facilities for

the generation, transmission and/or distribution of

electricity.

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H. " Transmission services" shall mean the undertaking

by a utility to transmit power and/or energy for any other

electric utility, whether the power and/or energy is

generated by the first utility or by any other electric util-

ity. " Transmission services" shall also include the sale by a

utility of transmission capacity without energy.

" Transmission services" include wheeling.

I. " Interconnection" shall mean the physical junction

of the electric transmission systems of two or more electric

utilities so that electricity may flow over the junction

according to location of points of power generation and

power usage, in the same manner as electricity flows over

the lines of an individual electric system. A junction nor-

mally maintained in an open position is considered an inter-

connection. A junction by which a '-wer voltage system is

joined to a transmission line through a transformer is con-

sidered an interconnection.

" Interconnected operation" between two or more electric

utilities shall mean a method of operation in which electri-

city flows over interconnections between the electric

transmission and/or subtransmission systems of the electric

utilities in the same manner as electricity flows along the

lines of an individual electric system, whccher or not such

flow of electricity occurs pursuant to the terms of an inter-

connection agreement. " Interconnected operation" includes

all forms of interchange, including sales, purchases or

exchange of energy or capacity, reserves sharing, firm power,,~

1 mv exchance soinnin* ' a

-13-

reserves and any similar transactions.

" Interconnection agreement" shall mean an agreement

governing the rates, metering, and other terms and conditionsunder which interconnected operation occurs.

J. " Gulf States Utilities" or "GSU" shall be understoodto include its parent, direct or indirect subsidiary, affi-

liated, or predecessor companies and any entities providingeleer.ic service at wholesale or retail, the properties or

assets of whch have been acquired by GSU.

K. " Central Power & Light Company" or "CP&L" shall be

understood to include its parent, direct or indirect sub-

sidiary or predecessor companies and any entities providingelectric service at wholesale or retail, the properties or

assets of which have been acquired by CP&L.

L. " Houston Lighting & Power Company" or "HL&P" shall

be understood to include its parent, direct or indirect sub-

sidiary, affiliated, or predecessor companies and any enti-ties providing electric service at wholesale or retail, the

properties or assets of which have been acquired by HL&P.

M. " Texas Power & Light Company" or "TP&L" shall be

understood to include its parent, direct or indirect sub-

sidiary, affiliated, or predecessor companies and any enti-

ties prcviding eletric service at wholesale or retail, theproperties or assecs of which have been acquired by TP&L.

N. " Dallas Power & Light Company" or "DP&L" shall be

understood to include its parent, direct or indirect subsidiary

_

e

'

-14-

affiliated, or predecesor companies and any entities pro-

viding electric service at wholesale or retail, the proper-

ties or assets of which have been acquired by DP&L.

O. " Texas Electric Service Company" or "TESCO" shall be

understood to include its parent, direct or indirect sub-

sidiary, affiliated, or predecessor companies and any enti-

ties providing electric service at wholesale or retail, the

properties or assets of which have been acquired by TESCO.

P. " West Texas Utilities" or "WTU" shall be understood

to include its parent, direct or indirect subsidiary, affil-

iated, or predecessor companies and any entities providing

electric service at wholesale or retail, the properties or

assets of which have been acquired by WTU.

Q. " Southwestern Electric Power Company" or "SWEPCO"

shall be understood to include its parent, direct or

indirect subsidiary, affiliated, or predecessor companies and

any entities providing electric service at wholesale or

retail, the properties or assets of which have been acquired

by SWEPCO.

R. "Public Service Company of Oklahoma" or "PSO" shall be

understood to include its parent, direct or indirect sub-

sidiary, affiliated, or predecessor companies and any enti-

ties providing electric service at wholesale or retail, the

properties or assets of which have been acquired by Public

Service Company of Oklahoma.

S. " Central & South West Corporation" or "CSW" shall be

understood to include its parent, direct or indirect subsidiary,

affiliated, or predecessor companies and any entities pro-

viding electric service.at wholesale or retail, the proper-

,

-15-,

ties or assets of which have been acquired by CSW.

T. " Texas Utilities" or "TU" shall mean Texas UtilitiesGenerating Company, its parent, affiliated, direct or

indirect subsidiary and all predecessor companies, including,

but not limited tc, Texas Utilities Company, Dallas Power &

Light Company, Texas Electric Service Company and Texas Power

& Light Company.

U. " South Texas Units" shall be understood to refer to

the nuclear generating units for which applicants in the

above-captioned proceeding have obtr.ined a construction per-

mit from the Nuclear Regulatory Commission.

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.

,. .

RETURN ON SERVICE

Received this subpoena at ......... on...................

and on at.............. .................................

...... served it en the within named .....................

by delivering a copy to h..... and............. .........

tendering to h... the fee for one day's attendance and the

mileage allowed by law.

Dated ......... 19.. By ....... ................

Service Fees

Travel S..............

Services S... ........

............

Tctal.................S ,

Subscribed and sworn to before me, a .......................

19......this .... day of.. ............,