ML19253A199
| ML19253A199 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 07/05/1979 |
| From: | Poirier M SPIEGEL & MCDIARMID |
| To: | Glaser M, Mark Miller, Wolfe S Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7908200097 | |
| Download: ML19253A199 (6) | |
Text
.__
DETC DocugYf ROO.y E-L.AW opmCES SPIEGEL Js McDIARMID 2600 VIRGINIA AVENUE, N.W.
WASHINGTCN. O.C. 20037 TELEPMCNE 1202) 333-4300 RC SE RT C. Mc3:ARMID TELECCP'ER (202) 333-3574 RCSERT MARLEY 8 EAR S ANCRA J. STRESEL THOMAS C. TRAUG ER RO B E RT A. J A S LON JCMN michael ACRAGNA J AM ES N. MCRWCCO CYNTHIA S. SCGCRAQ ALAN J. RCTM (MASSACWSETTS SAA CPekyl Sn9ANCES E. PRANCIS GARY J. NEWELL DmMIEL L DAVIOSCN M ARC 4. FQlRIER THOMASN McMUGs. sR Q ANIEL J. GUTTMAN "Co"IS[EuS July 5, 1979
. g' o
,s
'\\
.7
-o bC Marshall E. Miller, Esq.
C
-\\
Michael G. Glaser, Esq.
g
{g 7 s5thgd T
$dk,,9 Sheldon J. Wolfe, Esq.
Atomic Safety and Licensing Board Panel ics -3 SS United States Nuclear Regulatory Commission E
~ 1,M.t ' '. _ #
Washington, D.C.
20555 Re:
Houston Lighting & Power Co. et al.
c31 c7 (South Texas Units 1 & 2)
NRC Docket Nos. 50-498A, 50-499A; Texas Utilities Generating Company, et al.,
(Comanche Peak Steam Electric Station, Units Nos. 1 and 2,)
Docket Nos.
-4 RA An_dagA Gentlemen:
This is the report of disco'very activities by the Public Utilities Board of the City of Brownsville, Texas
(" PUB") for the month of June,1979.
PUB counsel travelled to Dallas, Texas to inspect documents at the offices of Central and South West Corporation ("CSW").
The requested copies of these documents have not yet been received and reviewed.
PUB received the requested copies of documents frcm Soc.thwestern Electric Power Company ("SWEPCO") that it had inspected during May.
Documents from West Texas Utilities Company ( Abilene, Texas) and Public Service Company of Oklahoma (Tulsa, Oklahoma) have not yet been made available to PUB.
PUB received the signed subpoena for production of documents to El Paso Electric Company, and plans to have the subpoena served during the first week of July.
PUB has been in contact with counsel for El Paso, and PUB hereby gives notice to all parties that the date for production has been postponed at least until the end of July.
908200097
. PUB has not yet inspected documents to be produced at the Texas Utilities companies in compliance with its In
'. Interrogatories and Request for Documents of January 31, 1979.
During June PUB provided additional information responsive to Houston Lighting & Power interrogatories and requests for production of documents.
Additional documents will be provided during July.
PUB has not yet inspected documents in the possession of Gulf States Utilities responsive to the subpoena for production of documents.
PUB participated in oral argu-ment before the Board on June 1,1979 and informed Gulf States by telephone and by letter of the Board's rulings on June 1,1979 requiring Gulf States to produce all documents responsive to the subpoena at its offices in Beaumont, Texas on June 18, 1979, and denying Gulf States' motion to recover costs of compliance from PUB.
Subsequently, Gulf States took the position that it would not produce confidential documents responsive to the subpoena without a written protective order.
In a conference call on June 19, 1979, Chairman Miller confirmed that at the Jane 1 conference Gulf States' Motion for a Protective Order had been denied except to the extent indicated.
Counsel for PUB and Gulf Statta have not yet reached agreement on a protective order unuer which Gulf States would be willing to produce documents it considers confidential, although negotiations are continuing.
PUB has refrained from inspecting Gulf States documents until it can review all responsive documents at one time.
During June HL&P and TU requested the Board to issue seventy-six subpcenas for depositiat and for production of documents, including several to members Qi the PUB, employees of the PUB, and potential witnesses of the PUB.
PUB and HL&P have agreed to postpone the following deposi-tions until the week of September 24, with a more definite schedule to be arranged shortly:
Mr. Robert Ro und tree, Mr.
Israel Lizka, Dr. John Wilson, Mr.
H.E.
Hastings, R:. Albert Ciseros.
Depositions of Mr. Larry Gawlick and Mr. George Lindsey were already seneduled for the week of September 24.
Respectfully submitted, oj
?
]l/[ CfA(', fMi t
Marc R.
Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas 803 194