ML19253C530

Ack Receipt of Advising of Houston Lighting & Power Assertion of Work Product Privilege Re Gerber Scripts. NRC Will File Motion to Compel Discovery

ML19253C530
Person / Time
Site:	Comanche Peak, South Texas
Issue date:	11/09/1979
From:	Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Bouknight J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
References
NUDOCS 7912060009
Download: ML19253C530 (1)

Text

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t NUCLEAR REGULATORY cot.~.*.*lSSION EE W ASHINGTON. D. C. 20555

,,E flovember 9,1979

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[ [#(()s Docket Nos. 50-498A q

50-499A

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50-445A

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J. A. Bouknight, Esq.

6 Peter G. Flynn, Esq.

2 4

Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue,fl.W.

Washington, D.C.

20036 Re:

Deposition of Abraham Gerber National Economic Research Associates Gentlemen:

I am in receipt of your letter of November 7,1979 in which you advise that Houston Lighting & Power La. is asserting work product privilege en (i) " cross-examination scripts written by Mr. Gerber for use in the Securities and Exchange Commission proceeding"; (ii) proposed deposition questions v;ritten by Mr. Garber for use in the U.S. Distnict Court trial; and (iii) a letter from Mr. Gerber to Mr. Weiss of Baker & Botts proposing interrogatories to be addressed to CP&L in the !!RC proceeding. Moreover, your letter advises that HL&P's counsel is in the process of indexing certain documents produceable pursuant to 'ir. Gerber's subpoena which HL&P believes are privileged on the The Staff has been advised by you that such basis of a nontestifying expert.

inde:: will be available within approximately ten days.

Please be advised that after receipt of the index, the ~ : f will file an appropriate motion to compel discovery with respect to some or all of these Inasmuch as these documents directly relate to Mr. Gerber, it will materials.

be necessary for us to reschedule his deposition, (now listed for l'ovember 19-20,1979) pending resolutir,n of HL&P's assertion of privilege by the Licensing Boa rd.

Sincerely yours,

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'D.

Roy P. Lessy, Jr.

Counsel for NRC Staff cc: Counsel of Record 1506 353 79120606