ML19210E835
| ML19210E835 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 11/21/1979 |
| From: | Stahl D CENTRAL & SOUTH WEST CORP., CENTRAL & SOUTH WEST SERVICES, INC., CENTRAL POWER & LIGHT CO., ISHAM, LINCOLN & BEALE, WEST TEXAS UTILITIES CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912130057 | |
| Download: ML19210E835 (7) | |
Text
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NUCLEAR REGULATORY COMMISSION
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?W&kV BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of:
)
)
HOUSTON LIGHTING & POWER COMPANY,
) NRC DOCKET NOS. 50-498A THE CITY OF SAN ANTONIO, THE CITY
)
50-499A OF AUSTIN, and CENTRAL POWER AND
)
LIGHT COMPANY
)
(South Texas Project, Unit Nos.
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING COMPANY,)
) NRC DOCKET NOS. 50-445A (Comanche Peak Steam Electric
)
50-446A Station, Unit Nos. 1 and 2)
)
MOTION FOR MODIFICATION OF PROTECTIVE ORDER Central and South West Corporation, Central and South West Services, Inc., Central Power and Light Company
(" CPL"), West Texas Utilities Company ("WTU"), Public Service Company of Oklahoma ("PSO") and Southwestern Elec-tric Power Company ("SWEPCO") (collectively "the Movants"),
pursuant to 10 C.F.R.
SS 2.740(c) and 2.790 (b) (6), move for the modification of a Protective Order previously eneered concerning the disclosure of certain documents and infor-mation which Movants have been requested to produce or disclose by Houston Lighting and Power Company ("HLP").
Since certain of these documents and information may also be made available to Texas Utilities Generating Company, 1546 321 7912130 D M
and its affiliated companies, Texas Electric Service Com-pany, Dallas Power & Light Company and Texas Power and Light Company (the "TU Companies"), Movants request that the Protective Order requested herein also be made applicable to the documents and information disclosed to those parties,'
and be made binding on the TU Companies.
This Board has previously entered, on March 23, 1979, a Protective Order governing the production of docu-ments by CPL, WTU, PSO and SWEPCO to HLP in response to interrogatories and request for production of documents filed by HLP.
Movants now request that that Protective Order (a) be expanded to include documents produced by Central and South West Corporation and Central and South West Services, Inc.,
(b) be expanded to include an additional category of documents considered as " confidential" consisting of "all documents and information referring or relating to or setting forth the current or future terms and conditions of gas or other fuel supply to any Movant, including entitlements, ownership interests or any other form of control of or access to gas or other fuel"; and (c) as amended by this Order, be made binding on the TU Companies.
WHEREFORE Movants respectfully request that this Board enter an order expanding the terms of the Protective Order previously entered on March 23, 1979 as set forth herein.
1546 322
- Respectfully submitted, ISHAM, LINCOLN & BEALE
[t By
'3' N
Attorneys for Central and South West Corporation, et al.
Isham, Lincoln & Beale 1050 17th Street, N.W.
Suite 701 Washington, D.C.
20036 Dated:
November 21, 1979 1546 323
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
S S
HOUSTON LIGHTING & POWER S
NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN S
50-499A ANTONIO, THE CITY OF AUSTIN, S
and CENTRAL POWER AND LIGHT S
COMPANY S
(South Texas Project, Unit S
Nos. 1 and 2)
S S
TEXAS UTILITIES GENERATING S
NRC DOCKET NOS. 50-445A COMPANY, ET AL.
S 50-446A (Comanche Peak Steam S
Electric Station, S
Unit Nos. 1 and 2)
S CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing:
MOTION FOR MODIFICATION OF PROTECTIVE ORDER was served upon the following persons by deposit in the United States mail, first class postage prepaid this 21st day of November, 1979.
YW.
~
David,M.
Stahl 1546 324
.. ~ -..
~
.~
..........'2..:._--
n...
/
Marshall E.
Miller, Esq.
Roy P.
- Lessy, 7r., Esq.
U.S.
Nuclear Regulatory Commission Michael B.
Blume, Esq.
Washington, D.C.
20555 U.S.
Nuclear Regulatory Comm s
Washington, D.C.
20555 Michael L.
Glaser, Esq.
1150 17th Street, N.
W.
Roff Hardy Washington, D.
C.
20036 Chairman and Chief Executiv Officer Sheldon J.
Wolfe, Esq.
Central Power & Light Co.
U.S. Nuclear Regulatory Commission P.
O.
Box 2121 Washington, D.C.
20555 Corpus Christi, Texas 7840 Atomic Safety and Licensing G.
K. Spruce, Gen. 1ianager 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)
Mr. Perry G.
Brittain Docketing and Service Section President U.S. Nuclear Regulatory Commission Texas Utilitics Generating Washington, D.
C.
20555 2001 Bryan Tower Dallas, Texas 75201 Jerome D.
Saltzman Chief, Antitrust and Indemnity Group R.
L.
Hancock, Director U.S.
Nuclear Regulatory Commission City of Austin Electric Uti Washington, D.C.
20555 P.
O.
Box 1088 Austin, Texas 78767 J.
Irion Worsham, Esq.
Merlyn D.
Sampels, Esq.
G. W.
Oprea, Jr.
Spencer C.
Relyea, Esq.
Executive Vice President Worsham, Forsythe & Sampels Houston Lighting & Power Co 2001 Bryan Tower, Suite 2500 P.
O.
Box 1700 Dallas, Texas 75201 Houston, Texas 77001 Jon C.
Wood, Esq.
Michael I.
Miller, Esq.
W.
Roger Wilson, Esq.
Isham, Lincoln & Beale Matthews, Nowlin, Macfarlane & Barrett One First National Plaza 1500. Alamo National Building Chicago, Illinois 60603 San Antonio, Texas 78205 Morgan Hunter, Esq.
J.
A.
Bouknight, Esq.
Bill D.
St. Clair, Esq.
Bill Franklin, Esq.
McGinnin, Lnchridge & Kilgo Lowenstein, Newman, Reis, Axelrad Fifth Floor, Texas State
& Toll Bank Building 1025 Connecticut Avenue, N.
W.
900 Congress Avenue Washington, D.
C.
Gordon Gooch, Esq.
Don R.
Bu tler, Esq.
Baker & Botts 1225 Southwest Tower 1701 Pennsylvania Avenue, N.
W.
Austin, Texas 78701 Washington, D.
C.
20006 1546 325
..a....~..:._
_2-Jerry L.
Harris, Esq.
W.
S. Robson Richard C.
Balough, Esq.
General Manager City of Austin South Texas Electric P.
O.
Box 1088 Cooperative, Inc.
Austin, Texas 78767 Route 6, Building 102 Victoria Regional Airport Joseph B.
- Knotts, Jr., Esq.
Victoria, Texas 77901 Nicholas S.
Reynolds, Esq.
Debevoice & Liberman Robert C.
McDiarmid, Esq.
1200 17th Street, N. W.
Robert A.
Jablon, Esq.
Washington, D.
C.
20036 Marc R.
Poirier Speigel & McDiarmid Don H.
Davidson 2600 Virginia Avenue, N.W.
City Manager Washington, D.
C.
20036 City of Austin P.
O.
Box 1088 Kevin B. Pratt Austin, Texas 78767 Texas Attorney General's Of P. O. Box 12548 Jay Galt, Esq.
Austin, Texas. 78711 Looney, Nichols, Johnson & Hays 219 Couch Drive William H.
Durchette, Esq.
Oklahoma City, Oklahoma 73102 Frederic H.
Ritts, Esq.
Law Offices of Northcutt El Knoland J.
Plucknett Watergate Building Executivo Director Washington, D.
C.
20037 Committee on Power for the Southwest, Inc.
Wheatley & Miller 5541 East Shelly Drive 1112 Watergate Office Bldg.
Tulsa, Oklahoma 74135 2600 Virginia Avenue, N.W.
Washington, D.
C.
20037 John W.
Davidson, Esq.
Sawtelle, Goods, Davidson & Tiolo Joseph Rutberg, Esq.
1100 San Antonio Savings Building Antitrust Counsel San Antonio, Texas 78205 Counsel for NRC Staff U.S. NRC Washington, D.
C.
20555 Douglas F.
John, Esq.
Linda L.
Aaker, Esq.
Akin, Gump, Haver & Feld Asst. Attorney General 1333 New Hampshire Avenue, N.
W.
P.
O.
Box 12548 Suite 400 Capitol Station Washington, D.
C.
20036 Austin, Texas 78711 W. N. Woolsey, Esq.
Robert M.
Rader Dyer and Redford Conner, Moore & Corber 1030 Petroleum Tower 1747 Pennsylvania Ave., N.W Corpus Christi, Texas 78474 Washington, D.C.
20006 Donald Clements Melvin G.
Berger, Esq.
Gulf States Utilitics Company Ronald Clark, Esq.
P.
O.
Box 2951 Antitrust Division, Energy Beaumont, Texas 77704 Section 1546 326 noo= 83ou U.S.
Department of Justice
~
..m
. s Charles G.-Thrash, Jr.,
Esq.
Joseph J.
Saunders, Eng.
s E.
W.
Barnett, Esg.
Chief, Public Counsel &
Theodore F.
Weiss, Esq.
Legislative Section J.
Gregory Copeland, Esq.
Antitrust Section-Baker & Botts U.S.
Department of Justice 3000 One Shell Plaza P. O. Box 14141 Houston, Tc77002 Washington, D.
C.
20044 Donald A.
Kaplan, Chief Robert E. Bathen Robert Fabrikant, Asst. Chief R. W. Beck & Associates Energy Section P.
O.
Box 6817 Antitrust Division Orlando, Florida 82853 U.S. Department of Justice Washington, D.C.
20530 A
J 1546 327 S
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
S S
HOUSTON LIGHTING & POWER S
NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN S
50-499A ANTONIO, THE CITY OF AUSTIN, S
and CENTRAL POWER AND LIGHT S
COMPANY S
(South Texas Project, Unit S
Nos. 1 and 2)
S S
TEXAS UTILITIES GENERATING S
NRC DOCKET NOS. 50-445A COMPANY, ET AL.
S 50-446A (Comanche Peak Steam S
Electric Station, S
Unit Nos. 1 and 2)
S MODIFICATION OF PROTECTIVE ORDER On March 23, 1979, this Board entered a Protective Order governing the production of documents by Central Power
& Light Company, West Texas Utilities Company, Public Service Company of Oklahoma and Southwestern Electric Power Company to Houston Lighting & Power Company in response to Inter-rogatories and Requests for Production of Documents filed by HLP.
On November 21, 1979, Movants, along with the Central and South West Corporation and Central and South West Services, Inc., filed a Motion for Modification of Protective Order in which it was represented that certain of the docu-ments and information which HLP has requested may also be dis-closed to the Texas Utilities Generating Company and/or its 1546 328
.. affiliated companies:
Texas Electric Service Company, Dallas Power & Light Company and Texas Power & Light company (the "TU Companies").
That motion specifically requested that the March 23, 1979 Protective Order be expanded to include as confidential documents "all documents and information referring or relating to or setting forth the current or future terms and conditions of gas or other fuel supply to any Movant, including entitlements, ownership interests or any other form of control of or access to gas or other fuel" and to include documents produced by Central and South West Corporation and Central and South West Services, Inc.; and that the March 23, 1979 Protective Order should be made applicable to and binding on the TU Companies.
For good cause shown, it is therefore ordered that the Protective Order previously entered by this Board in this matter on March 23, 1979:
(a) is expanded to include an additional category of documents considered as " confidential" consisting of "all documents and information (repeat as above);
(b) is expanded to include documents produced by the Central and South West Corporation and Central and South West Services, Inc., and (c) as amended by this Order, is made binding on the TU companies.
1546 329