ML19211C428
| ML19211C428 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 12/19/1979 |
| From: | Poirier M TEXAS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8001110350 | |
| Download: ML19211C428 (7) | |
Text
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UNITED STATES CF AMERICA NUC LEAR REGULATORY COMMISSION In the Matter of
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Docke t No s. 50-498A g@
'02,
50-499A
'(y HO US TON LIGHTING AND POWER CO.,4 y
et al.
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) 9,>,.
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,4 (South Texas Proj ect, Units
$ )', Y l and 2) 7
_1 ". ) l.. C Y$k qf?
'1 C5)
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. Docke t Nos. 50-445A TEXAS UTILITIES GENERATING
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5;( N. I to:I)
C$ 2 '
50-446A COMPANY, et al.
c (Comanche Peak Steam Electric Station, t%1ts 1 and 2)
)
RESPONSE OF THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS TO TEXAS UTILITIES' MOTION FOR MODIFIED PROTECTIVE ORDER Counsel for Texas Utilities Generating Company
("TU") advised us yesterday that it had inadvertently filed by mail a proposed protective order that differs materially f rom the terms of the draf t order previously agreed to cet-ween TU and the Public Utilities Board of the City of BrownsvilJ e, Ibxas ( "Brownsv ille" ) on treatment of TU's con-fidential documents; and that the filing inadvertently repre-sented to the Board that Brownsville did not oppose these changes.
Brownsville in fact had not agreed to the proposed order, and indeed objects to several of tne changes proposed by TU.
(We have not yet received the proposed order as mailed and are working from our first and only notice of TU's proposed changes, a telecopy draft we received Friday, 1736 012 December 14, 1979.)
8001 110 23 5 ()
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. The agreement which we believed we had reached with TU was negotiated, at TU's request, over a period of months,
af ter the Board issued an order (Marc'.. 23, 1979) overruling TU's objections to Brownsville's document requests and requiring TU to produce responsive documents without any mention of a protective order.
Susan White, a paralegal with Spiegel & McDiarmid, pursuant to authorization by and under tae supervision of attorneys with this firm, discussed this matter with counsel for TU over a number of months.
Counsel for TU has now suggested that the agreement which he seems to concede he had made is somehow vitiated because it was negotiated, on behalf of Brownsville, primarily by a paralegal rather than by an a t to rne y.
Brownsville had been under the impression that an agreement was an agreement.
TU also raised no objection to our November and December discovery status reports (dated November 8,1979 and December 5,1979) which mentioned the ongoing protective order negotiations and the resulting agreement.
Brownsville does not seek to put before the 3 card at this time substantive argument on its dicagreements with TU's current draft of its proposed changes, since we are con-tinuing to attempt to resolve our differences and indeed,
1736 013
.. are not yet in receipt of this current proposal.
Apparently, however, TU no longer finds the terms of its agreement acceptable.
We understand part of the problem to be that TU has discovered its agreement with Brownsville conflicts with the terms of agreements it has made with certain fuel suppliers to protect the " confidentiality" of its fuel supply arrange-ments.
Brownsville is yet again willing to conside,r reaso-nable changes.
Considering that the issue of confidentiality was under discussion from April through November,1979, and was specifically limited to fuel contracts, however,
Brownsville believes tha t it is justified in observing that it would have expected TU to discover the conflict before noW.
Until the last five days, it had been our understanding that TU intended to move the Board for the pro-tective order agreed upon, but that in the meantime discovery could go forward in conformity with the agreement.
Accordingly, Brownsville conducted its discovery at the TU companies during the cnd of November, under the understanding that confidential documents would be treated in accordance with the agreement.
None of the requested documents (inc__d! g documents asserted to contain confidential infor.
.o n ) have been received as yet.
In its December 5, 1979 monthly status report concerning progress in discovery, Brownsville noted it had conducted discovery during November 1736 014 and appended a copy of the draf t protective order.
_4_
We understand counsel for TU contacted Mr. Wolfe of this Board by telephone yesterday afternoon at our request, informed him that the filing of the proposed protective order was an error, and reques.ted that the Board not take action on it at this time.
Brownsville respectfully joins in that request.
Respectf ully submitted,
b7 C C1 LLC Marc R.
Poirier Attorney for the Public Utilities Board of the City of Brownsville, Tbxas Law Offices Of:
Spiegel & McDiarmid 2600 Virginia Avenue, NW Washington, D.C.
20037 (202) 323-4500 December 19, 1979 1736 015
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UNI A.
fES CF AMERICA 2
0:
THE n-NUChEAR R.GL aTORY COMMISSION gC[e fj C C$Y e o
'I mi In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY,
)
Docke t Nos. 50-4 9 8A e t al.
)
and 50-499A
)
(South Texas roject, On it No s.
)
1 and 2)
)
)
)
)
In the Matter of
)
)
TEXAS UTILITIES GENERATING COMPANY,)
Docke t No s. 5 0-4 4 5 A e t 41.
)
and 50-446A
)
(Comanche Peak Steam Electric
)
S ta tion, Unit Nos.1 and 2 )
)
CERTIFICATE CF SERVICE I hereby certify that I have caused copies of the foregoing RESPONSE OF THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWUSVILLE, TEXAS TO TEXAS UTILITIES ' MOTION FOR MODIFIED PROTECTIVE ORDER to be served on the following by deposit in the United States mail, first class, postage prepaid, or as indicated for hand delivery by an asterisk on the list, this 19 th day of December,19 79 :
- Marshall E. Miller, Chairman Ro y P. Lessy, Esquire Atomic Safety & Licensing Board Michael B.
Blume, Esquire Panel Nuclear Regulatory Commission Nuclear Regulatory Commission Washing ton, D. C.
20555 Washington, D. C.
20555 Jerome Saltzman, Chief
- Sheldon J.
Wolfe, Esquire Antitrus t & Indemnity Group Atomic Safety & Licensing Board Nuclear Regulatory LCommission Panel Washington, D. C.
20555 Nuclear Regulator f Commission Washington, D. C.
20555 Chase R.
Stephens, Chief Docketing & Service Section
- Michael L. Glaser, Esquire office of the Secretary 1150 17th Street, N.W.
Nuclear Regulatory Commission Washington, D. C.
20036 Washington, D. C.
20555 Joseph Rutherg, Esquire Joseph J. Saunders, Esquire An titrus t Counsel Chief, Public Counsel &
Nuclear Regulatory Commission Legislative Section Washington, D. C.
20555 An titrus t Division Department of Justice P. O.
Box 14141 Washing ton, D. C.
20444 1736 016
. Joseph Gallo, Esquire Ro f f Hardy, Chairman and Robert H.
Loef fler, Esquire Chief Executive Officer
- David M. Stahl, Esq.
Central Power & Light Company Isham, Lincoln & Beale P. O. Box 2121 1050 17th Street, N. W.
Corpus Christi, Texas 78403 Suite 701 G.
K. Spruce, General Manager Washington, D. C.
20036 7City Public Service Board Susan B. Cyphert, Esquire P.
O. Box 1771 Antitrust Division San Antonio, Texas 78203 Department of Justice P.O.
Box 14141 Jon C.
Wood, Esquire Washington, D. C.
20444 W.
Roger Wilson, Esquire Matthews, Nowlin, Macfarlane Joseph Knotts, Esquire
& Barrett Nicholas S.
Reynolds, Esquire 1500 Alamo National Building Debevoise & Libe rman San Antonio, Texas 78205 1200 17th Street, N. W.
Washington, D. C.
20036 Perry G.
Brittain, President Texas Utilities Generating Co.
Douglas F. John, Esquire 2001 Bryan Tower Akin, Gump, Hauer & Feld Dallas, Texas 75201 13 3 3 New Hampshire Ave., N. W.
Suite 400 Joseph I.
Worsham, Esquire Washington, D. C.
20036 Merlyn D.
Sampels, Esquire Spencer C.
Relyea, Esquire R. Gordon Gooch, Esquire Worsham, Forsythe & Sampels John P. Mathis, Esquire 2001 Bryan Tower Baker & Botts Suite 2500 1701 Pennsylvania Avenuc, N. W Dallas, Texas 75201 Wasnington, D. C.
20006 R.
L.
Hancock, Director Robert Lowenstein, Esquire City of Austin Electric Utility J. A.
Bouknight, Jr., Esquire De partmen t William J.
Franklin, Esquire P. G. Box 1088 Lowen s te in, Ne wman, Re is &
Austin, Texas 78767 Axelrad 1025 Connecticut Avenue, N. W.
Jerry L. Harris, Esquire Washington, D. C.
20036 Richard C. Balough, Esquire City of Austin Frederick H.
Ritts, Esquire P.O. Box 1088 Law Cf fices of Northcutt Ely Austin, Te xas 78767 Watergate 600 Building Washington,
D. C.
20037 Dan H.
Dav idson City Manager Wheatley & Wolleson City of Austin 1112 Watergate Office Building P. O. Box 1088 2600 Virginia Avenue, N. W.
Austin, Te xas 78767 Washington, D. C.
20037 1736 017
. Don R.
Butler, Esquire Knoland J.
Plucknett Sneed, Vine, Wilkerson, Selman Executive Director
& Perry Committee on Power for the P.
O. Box 1409 Southwest, Inc.
Austin, Texas 78767 5541 Skelly Drive Tulsa, Oklahoma 74135 Morgan Hunter, Esquire McGinnis, Lochridge & Kilgore Jay M.
Gal t, Esquire 900 Congress AVen'u'e Looney, Nichols, Johnson & Hayes Austin, Texas 78701 219 Couch Drive Oklahoma City, Oklahoma 73101 Kevin B.
Pratt, Esquire Linda Aker, Esquire John E. Mathews, Jr., Esquire P. O. Box 12548 Mathews, Osborne, Ehrlich, McNatt, Capital Station Gobelman & Cobb Austin, Texas 78767 1500 American Heritage Life Bldg.
Jacksonville, Florida 32202 E. W. Ba rne t t, Esquire Charles G.
Thrash, Jr., Esquire Robert E. Bathen J. Gregory Copeland, Esquire R.
W.
Beck & Associates Theodore F. Weiss, Jr., Esquire P.
O. Box 6817 Baker & Botts Olla".do, Florida 82803 3000 Cne Shell Plaza Houston, Texas 77002 Somervell County Public Library P.O.
Box 417 G. W. Oprea, Jr.
Glen Rose, Texas 76403 Executive Vice President Houston Lighting & Power Co.
Maynard Human, General Manager P. O. Box 1700 Western Farmers Electric Coop.
Houston, Texas 77001 P. O. Box 429 Anadarko, Oklahoma 73005 W. S.
Robson, General Manager South Texas Electric Coop., In c.
James E. Monahan Route 6,'uilding 102 Executive Vice President Victoria agional Airport and General Manager Victoria, Texas 77901 Brazos Electric Power Coop, Inc.
P. O.
Box 6296 Michael I. Miller, Esquire Waco, Texas 76706 Isham, Linceln & Beale One First National Plaza Ro be r t M. Rader, Esquire Chicago, Illinois 60603 Conner, Moore & Corber 1747 Pennsylvania Avenue, N. W.
Donald Clements, Esquire Washington, D. C.
20006 Gulf States Utilities Co.
P.
O. Box 2951 W.
N.
Woolsey, Esquire Be aumon t, Texas 77074 Dyer and Redford 1030 Petroleum Tower G.
Holman King Corpus Christi, Te xas 78474 West Texas Utilities Company P.O. Box 841
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1736 018 Abilene, Texas 79604 l
klllIb C Clw l Marc R.
Poirier Attorney for the Public Utilities Board of the City of Brownsville, T4xas