ML19208B431

Responds to NRC 790713 Supplemental Request for Production of Documents.Util Has No Way of Knowing Full Scope of Expert Testimony.Certificate of Svc Encl

ML19208B431
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	08/09/1979
From:	Copeland J HOUSTON LIGHTING & POWER CO.
To:
References
NUDOCS 7909200281
Download: ML19208B431 (8)

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EN L UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION .,

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the i'atter of S S

HOUSTON LZGHTING & POWER COMPANY, S Docket Nos. 50-498A et al. S 50-499A S

(South Texas Project, Units S Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S Docket Nos.L50-445A COMPANY, et al. S QO-446A S

(Comanche Peak Steam Electric S Station, Units 1 and 2) S RESPONSE OF HOUSTON LIGHTING & POWER COMPANY TO THE NRC STAFF' S SUPPLEMENTAI REQUEST FOR PRODUCTION OF DOCUMEl IS Houston Lighting & Power Company (HL&P) has already provided a complete response to the NRC Staff's Supplemental Document Request of July 13, 1970, based on HL&P's present knowledge as to what, if any, testimony will be called for in defense of this proceeding. The only work done by either Dr.,Woodson or Mr. Gerber to date is in connection with preparation for their testimony 'a the Federal District Court litigation. Both Dr. Woodson and Mr. Gerber have workpapcrs which ware gathered in preparation for such testimony. These workpapers cc.ntain the documents respon-sive to Staff's motion and have. been available for the Staff's inspeccion and copying since informal discovery N9 3 7 9 092 0 0 Mt, li5$

began in this proceeding in August, 1978. Dr. Woodson's workpapers are still available for inspection in Austin, Texas. Likewise, Mr. Gerber's workpapers will be available for. inspection in Palm Beach, Florida'.

All of the documents relied upon by Mr. Simmons in his testimony in the Federal District Court have already been produced, and Mr. Simmons has done no further work in preparation for testimony in this case. HL&P has listed on its list of privileged documents certain documents related to Mr. Simmons' testimony in the PUC proceeding; however, these documents were subsequently produced to the Department of Justice during negotiations on production of privileged documents. If the NRC has not already obtained a copy of these documents from the Department, HL&P will provide the NRC with a copy.-1/

As stated earlier, HL&P has no way of knowing at this time the full scope of its experts' testimony in this proceeding. CSW has indicated that it intends to call the same expert witnesses as it ca' led at trial in the Feder-A District Court. Morec7er, CSW has not give.n any indication that it intends to change the scope of their testimony. Thus, 849 323 MP?5 1,/ HL&P assumes that the Staff meant the phrase " perform-ance of duties" to be related to preparation of testimony.

This interpretation is consistent with the Board's ruling that documents generated or received by Mr. Simmons in the ordinary course of business, and not relied upon in the preparation of testimony, are not subject to discovery.

HL&P would have no reason to change the scope of testimony to be presented by its experts based on what it now expects to hear from CSW's witnesses.

In four weeks of depositions not a single fact or expert witness for the Department or the NRC has indicated that he knew exactly what he would be called upon to testify to at trial. For example, the NRC Staff's economic expert testified on deposition that he had not even entered into a contract for his services as of the time of his deposition on July 19, 1979. (See Deposition of N. C. Lerner, p. 69).

Given these circumstances, HL&P could not reasonably be expected to kncw at this time what witnesses it will call in defense nor what areas they will be asked to cover in their testimony in response to witnesses presented by the govern-ment.

HL&P notes the continuing nature of the Staff's request and will respond further when it is in a position to do so.

Respectfully submitted,

. MV J Or eg y CopeYand ttorney f7r Houston Lighting

& Power Company Date: August 9, 1979

[1 a?u f _ ^ r2 -c> -

849 324 OF COUNSEL:

LOWENSTEIN, NEWMAN, REIS, BAKER & BOTTS AXELRAD & TOLL 3000 One Shell Plaza 1025 Connecticut Avenue, N. W. Houston, Texas 77002 Washington, D. C. 20036

. 1, 7s :. '97 849 325 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY, 5 Docket Nos. 50-498A et al. S 50-499A S

(South Texas Project, Units S Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S Docket Nos. 50-445A COMPANY, et al. S 50-446A S

(Comanche Peak Steam Electric S Station, Units 1 and 2) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Response of Houston Lighting & Power Company to the NRC Staff's Supplemental Request for Production of Documents were served upon the following persons by deposit in the United States mail, first-class postage prepaid, this .

9th day of August, 1979.

WV J Gregor C peland 849 326-Ws u-

Marshall E. Miller, Esq. Roy P. Lessy, Jr., Esq.

U.S. Nuclear Regulatory Commission Michael B. Blume, Esq.

Washington, D.C. 20555 U.S. Nuclear Regulatory Commissio Washington, D.C. 20555 Michael L. . laser, Esq.

1150 17th Street, N.W. Roff Hardy Washington, D.C. 20036 Chairman and Chief Executive Officer Sheldon J. Wolfe, Esq. Central Power and Light Company U.S. Nuclear Regulatory Commission P.O. Lox 2121 Washington, D.C. 20555 Corpus Christi, Texas 78403 Atocic Safety and Licensing G.K. Spruce, General Manager Appeal Board Panel City Public Service Board U.S. Nuclear Regulatory Commission P.O. Box 1771 Washington, D.C. 20555 San Antonio, Texas 78203 Chase R. Stephens (20) Perry G. Brittain Docketing and Service Section President U.S. Nuclear Regulatory Commission Texas Utilitia.s General Company Washington, D.C. 20555 2001 Bryan Tower Dallas, Texas 75201 Jerome D. Saltzman Chief, Antitrust and Indemnity R.L. Hancock, Director Group City of Austin Electric Utility U.S. Nuclear Regulatory Commission P.O. Box 1088 Washington, D.C. 20555 Austin, Texas 78767 J. Irion Worsham, Esq. G.W. Oprea, Jr.

Merlyn D. Sampels, Esq. Executive Vice President Spencer C. Relyea, Esq. Houston Lighting & Power Company Worsham, Forsythe & Sampels P.O. Box 1700 2001 Dryan Tower, Suite 2500 Houston, Texas 77001 Dallas, Texas 75201 Richard D. Cudahy, Esq.

Jon C. Wood, Esq. Joseph Gallo, Esq.

W. Roger Wilson, Esq. Robert H. Loeffler, Esq.

Matthews, Nowlin, Macfarlane Isham, Lincoln & Beale

& Barrett 1050 17th Street, N.W., Suite 701 1500 Alamo National Building Washington, D.C. 20036 San Antonio, Texas 78205 Michael I. Miller, Esq.

J.A. Bouknight, Esq. ichard E. Powell, Esq.

Bill Franklin, Esq. Javid M. Stahl, Esq.

Lowenstein, Newman, Reis, Thomas G. Ryan, "14 Axelrad & Toll Isham, Lincoln & Beale 1025 Connecticut Avenue, N.W. One First National Plaza Washington, D.C. 20036 Chicago, Illinois 60603 R. Gordon Gooch, Esq.

Baker & Botts 1701 Pennsylvania Avenue, N.W. 849 327 .,-.I '~79_ . 1no Washington, D.C. 20006 '

Don R. Butler, Esq. Morgan Hunter, Esq.

1225 Southwest Tower Bill D. St. Clair, Esq.

Austin, Texas 78701 McGinnis, Lockridge & Kilgore Fifth Floor, Texas State Bank Bld 900 Congress Avenue Jerry L. Harris, Esq. Austin, Texas 78701 Richard C. Balough, Esq.

City of Austin W. S. Robson P. C. Box 1088 General Manager Austin, Texas 78767 South Texas Electric Cooperative, Inc.

Joseph B. Knotts, Jr., Esq. Route 6, Building 102 Nicholas S. Reynolds, Esq. Victoria Regional Airport Debevoise & Liberman Victoria, Texas 77901 1200 17th Street, N.W.

Washington, D. C. 20036 Robert C. McDiarmid, Esq.

Robert A. Jablon, Esq.

Don H. Davidson Marc R. Poirier City Manager Speigel & McDiarmid City of Austin 2600 Virginia Avenue, N.W.

P.O. Box 1088 Washington, D. C. 20036 Austin, Texas 'id767 Kevin B. Pratt Jay Galt, Esq. Texas Attorney General's Office Looney, Nichols, Johnson & Hays P. O. Box 12548 219 Couch Drive Austin, Texas 78711 Oklahoma City, Oklahoma 73102 William H. Burchette, Esq.

Knoland J. Plucknett Frederic H. Ritts, Esq.

Executive Director Law Offices of Northcutt Ely Committee on Power for the Watergate Building Southwest, Inc. Washington, D. C. 20037 5541 East'Skelly Drive Tulsa, Oklahoma 74135 Tom W. Gregg, Esq.

P. O. Drawer 1032 John W. Davidson, Esq. San Angelo, Texas 76902 Sawtelle, Goode, Davidson & Tiolo 1100 San Antonio Savings Building Leland F. Leatherman, Esq.

San Antonic, Texas 78205 McMath, Leatherman & Woods, P. A.

711 West Third Street Douglas F. John, Esq. Little Rock, Arkansas 72201 Akin, Gump, Haver & Feld 1333 New Hampshire Avenue, N. W. Paul W. Eaton, Jr., Esq.

Suite 400 Hinkle, Cox, Eaton, Coffield &

Washington, D. C. 20036 & Hensley 600 Hinkle Building P. O. Box 10 Roswell, New Mexico 88201 849 328 7i. W

W. N. Woolsey, Esq.

Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 Robert M. Rader Conner, Moota & Gbrber 1747 Pennsylvania 7. venue, N. W.

Washington, D. C. 20006 Donald Clements Gulf States Utilities Company P. O. Box 2951 Beaumont, Texas 77704 Susan Cyphert U. S. Department of Justice Antitrust Division, Energy Section Room 8308 414 lith Street, N. W.

Washington, D. C. 20530 ts. ; s 849 329