ML19256E309
| ML19256E309 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 09/24/1979 |
| From: | Blume M, Chanania F, Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Glaser M, Mark Miller, Wolfe S Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911020078 | |
| Download: ML19256E309 (2) | |
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NUCLEAR REGULATORY COMMISSION gg Ly wemNcron. o. c. 20sss o,.
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September 24, 1979 s
Marshall E. Miller, Esq.
Sheldon J. Wol fe, Esq.
Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Michael L. Glaser, Esq.
Atomic Safety and Licensing Board 1150 Seventeenth Street, N.W.
Washington, D. C. 20555 Re: Houston Lighting & Power Company, South Texas Project, Unit Mos.1 & 2, NRC Dkt. Nos. 50-498A, 50-493A Texas Utilities Generating Company, Comanche Peak Steam Electric Station, Units 1 and 2, NRC Kdt. Nos. 50-445A and 50-446A Gentlemen:
Pursuant to the request of Chairman Miller, this letter is to infom you of certain matters relevant to the scheduled deposition of Mr. 0.E. Simmons prior to an expected conference call from Mr. Simmons on September 25, 1979.
On July 9,1979, this Licensing Board issued a subpoena ordering the appearance of Mr. Simmons of Housten Lighting and Power Company (Houston) to give testi-many by deposition in Houston, Texas in the above-entitled action. Mr. Simmons is a designated engineering expert for Houston. The subpoena was jointly noticed by counsel for the NRC Staff and the Department of Justice and provided that the witness shall appear on September 25, 1979 and "thereafter from day to day, i f necessary."
As forementioned, Mr. Simmons is listed to appear in this action as an expert witness for Houston and the NRC Staff, accordingly, regards his deposition as critical to the Staff's discovery and pre-hearing preparation. Mr. Simmons '
counsel was informed several weeks ago that the deposition would probably continue for more than one day, as has been the situation with other deposi-tions of engineering personnel of both Houston and Texas Utilities.
Last week, NRC Staff counsel was informed by counsel for Houston that Mr.
Simmons was going to go on vacation on September 26, 1979 and would be avail-able only on September 25 for his deposition.
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, The NRC Staff contends that it is contrary to the terms of the subpoena of July 9 and otherwise unreasonable for opposing counsel, at this late date, to claim the unavailability of Mr. Simmons. Counsel for Houston and Mr. Simmons has known about the date of his deposition since July, yet the Staff was only recently told of the witness' unavailability after one day of deposition.
In addit; ion, counsel for both the NRC Staff and the Department of Justice have scheduled and rescheduled depositions of other witnesses in October and November and to reschedule Mr. Simmons would be ex remely difficult. Morever, it is clear that under the Commission's Rules of Practice,10 CFR 92.720(f), a timely motion to quash a subpoena may be filed if the subpoena "is unreasonable or requests irrelevant information." No such motion has been filed, nor does the Staff believe that Houston could, at this time and under these circumstances, satisfy either criteria.
In light of the above, counsel for the NRC Staff respectfully asks that the Atomic Safety and Licensing Board order fir. Simmons to appear on September 25, 1979 and to remain until questioning has been completed.
Respectfully submitted, Roy P. Lessy, Jr.
Counsel for NRC Staff b
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//M Fre ric D. Chanania Counsel for NRC Staff
/ cC U LC. h l/l Qi {li k Michael B. Blume Counsel for NRC Staff flUclhcu L b /MUpw
-J NT cc: Service List HAND DELIVERED TO LICENSING BOARD, AND COUNSEL FOR HOUSTON 1258 182
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