ML19256E759
| ML19256E759 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 10/18/1979 |
| From: | Blume M, Chanania F, Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911150148 | |
| Download: ML19256E759 (6) | |
Text
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Y gr UNITED STATES OF AMERICA L\\
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s NUCLEAR REGULATORY COMMISSION ll*
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Ed S
In the Matter of
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m HOUSTON LIGHTING & POWER COMPANY
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NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO
)
50-499A CITY OF AUSTIN
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CENTRAL POWER AND LIGHT COMPANY
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(South Texas Project, Unit Nos.
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1 and 2)
)
)
TEXAS UTILITIES GENERATING
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NRC Docket Nos. 50-445A COMPANY, et al.
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50-446A (Comanche Pea FSteam Electric
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Station, Units 1 and 2)
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ANSWER OF NR; STAFF AND THE DEPARTMENT OF JUSTIC TO MOTION OF TU TO QUASH SUBPOENA TO CHARLES T. MAIN, INC.
On October 11,1979 this.30ard issued subpoenas for production 'st documents to the Keeper of Records of Charles T. Main, Inc., as well as subpoenas for deposition of Mr. R. C. Ender and Mr. A. E. Fitzgerald of Charles T. Main. The subpoenas call for the production of records by Charles T. Main, Inc. on October 19, 1979 and the attendar :e of two Main personnel at depositions on October 22, 1979.
The Staff and the Department of Justice are advised-l/
that counsel for Texas Utilities Generating Co., et al, ("TV") now seeks to quash these subpoenas on the ground that C. T. Main, Inc. is a non-testifying outside consultant. The Staff and the Department oppose the motion to quash the Board's subpoenas for the reasons set forth below.
1.
As early as March 5,1979, in its Answer to Staff Interrogatory 50, TV advised the Staff that it had in the past employed C. T. Main, Inc. to review
-1/ The undersigned Staff counsel were served with a copy of TV's motion at 7:30 p;m.
on October 17, 1979.
1334 242 (A
7912 iso a particular engineering study (the PTI study). Moreover, ir, that interrogatory response, no mention was made of the fact that C. T. Main had been retained for anyone other than TU. No mention was made of any consultative relationship with counsel for TU.
2.
TU has produced docui.ents (both in its general production for this proceeding and at the depasition of TV personr.01) from C. T. Main, Inc. to TU personnel. All of these documents (one of which includes a brief engineering analysis prepared by C '. Main) have eitner a TU o1ficial or a C. T. Main official as the recipient or sender of le document.
3.
Moreover, at the deposition of TU official Mr. Roy Parks, the primary TU official working with C. T. Main, the following facts were established:
a.
that C. T. Main na longer acts as a consultant to TU (Dep. p. 63);
b.
that C. T. Main has not performed such consultant services since July of 1977 (Dep, p. 63);
It is clear, then, that C. T. Main has performed no consulting services in connection with this proceeding.
4.
A review of the list of documents over which TU has asserted privilege does not contain any documents referring to C. T. Main, Inc. or listing C. T.
Main, Inc. as either recipient or sender. TU has therefore clearly waived and failed to assert any privilege it may once have had with respect to this matter.
This Board has ruled that non-testifying outside consultants retained for this litigation need not be identified. Here, the past consultant has been identified; the past consultative relationship terminated prior to the inception -
of this proceeding; documents have been produced to and from this past consultant;.
no documents either sent to or received from C. T. Main have heretofore been listed as privileged; the past consultative relationship was referred to in TU's 1334 243
~.
answers to interrogatories and openly inquired into at deposition.
Finally, representatives of TV have had, in the Staff's view, approximately one week to move to quasi these subpoenas Moreover, Staff's discovery interest in C.T. Main has been known to TV since the filing of Staff's Initial Inter-rogatories in the Fall of 1978. As the end of the discovery period draws near, it has become increasingly more difficult to find replacement dates acceptable to all counsel, for depositions which have been postponed.-2/
Therefore, the Staff and the Department ask that TU's motion to quash or modify the subpoenas to C. T. Main, Inc. be denied.
Respectfully submitted, 5% & c, A+
- hes% 4 Susan B. Cyphertfl Roy P / Lessy, Jr/
/
Attorney, Energy Section Counsel for NRC Staff Antitrust Division U.S. Department of Justice h e k b b a.*1 O Fred D. Chanania Counsel for NRC Staff N LO 3a.A 0 /
Michael B. Blume Counsel for NRC Staff Dated at Bethesda, Maryland this 18th day of October,197c
-2/ An example of this situation is contained in TU's mo'. ion, wherein it is
~
asserted that a rescheduling of these subpoenas could not be commenced and completed "any sooner than approximately three-four weeks from today,"
(Motion,p.3).
1334 244
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE T!? ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
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N00STON LIGHTING & POWER COMPANY
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NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO
)
50-499A CITY OF AUSTIN
)
tiNTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit Nos.
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
NRC Docket Nos. 50-445A COMPANY,_e_t_al.
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50-446A (Comanche Tiak Steam Electric
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Station, Units 1 and 2)
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"ERTIFICATE OF SERVICE I hereby certify that copies of ANSWER OF NRC STAFF AND THE DEPARTMENT OF JUSTICE TO MOTION OF TU TO QUASH SUBPOENA TO CHARLES T. MAIN, INC. in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 18th day of October 1979.
Marshall E. Miller, Esq., Chairman Donald A. Kaplan, Esq.
Atomic Safety and Licensing Board Susan B. Cyphert Panel Ronald H. Clark, Esq.
U.S. Nuclear Regulatory Commission Frederick H. Pamenter, Esq.
David A. Dopsovic, Esq.
Washington, D.C.
20555
- P.O. Box 14141 Michael L. Glaser, Esq.
Washin_ ton, D.C.
20044 1150 Seventeenth Street, N.W.
Washingtor D.C.
20036 Roff Hardy Chairman and Chief Executive Officer Sheldon J. Wolfe, Esq.
Central Power & Light Company Atomic Safety and Licensing Board Corpus Christi, Texas 78403 Panel U.S. Nuclear Regulatory Commission G.W. Oprea, Jr.
Washington, D.C.
20555
- Executive Vice President Houston Lighting & Power Company Atomic Safety and Licensins Coard P.O. Box 1700 U.S. Nuclear Regulatory Comission Houston, Texas 77001 Washington, D.C.
20555
- Robert E. Bathen Docketing and Service Section R.W. Beck & Associates Office of the Secretary P.O. Box 6817 U.S. Nuclear Regulatory Comission Orlando, Florida 32803 Washington, D.C.
20555 R. Gordon Gooch, Esq.
R.L. Hancock, Director John P. Mathis, Esq.
City of Austin Electric Utility Baker & Botts P.O. Box 1088 1701 Pennsylvenia Avenue, N.W.
Austin, Texas 78767 Washington, D.C.
20006 1334 245
. 4 J.K. Spruce, General Manager Jerome Saltzman, Chief City Public Service Board Antitrust & Indemnity Group P.O. Box 1771 U.S. Nuclear Regulatory Conrnission San Antonio, Texas 78203 Washington, D.C.
20555 Robert C. McDiarmid, Esq.
Jay Galt, Esq.
Robert A. Jablon, Esq.
Jack P. Fite, Esq.
David A. Giacalone, Esq.
Looney, Nichols, Johnson & Hayes Marc R. Poirier, Esq.
219 Couch Drive Spiegel & McDiarmid Oklahoma City, Oklahoma 73102 2600 Virginia Avenue, N.W.
Washington, D.C.
20037 Merlyn D. Samples, Esq.
Jos. Irion Worsham, Esq.
Jon C. Wood, Esq.
Spencer C. Relyea, Esq.
W. Roger Wilson, Esq.
Worsham, Forsythe & Sampels Matthews, Nowlin, Macfarlane 2001 Bryan Tower, Suite 2500
& Barrett Dallas, Texas 75201 1500 Alamo National Building San Antonio, Texas 78205 Morgan Hunter, Esq.
McGinnis, Lochridge & Kilgore Joseph Gallo, Esq.
Fifth Floor, Texas State Bank Building Robert H. Loeffler, Esq.
900 Congress Avenue Richard D. Cudahy, Esq.
Austin, Texas 78701 Isham, Lincoln & Beale Suite 701 Joseph B. Knotts, Esq.
105017th Street, N.W.
Nicholas S. Reynolds, Esq.
Washington, D.C.
20036 Debevoise & Liberman 1200 Seventeenth Street, N.W.
J. Gregory Copeland, Esq.
Washington, D.C.
20036 Charles G. Thrash, Jr., Esq.
E. William Barnett, Esq.
Douglas F. John, Esq.
Melbert D. Schwarz, Esq.
Akin, Gump, Hauer & Feld Theodore F. Weiss, Esq.
1333 New Hampshire Avenue, N.W.
Baker & Botts Suite 400 3000 One Shell Plaza Washington, D.C.
2.0036 Houston, Texas 77002 Don R. Butler, Esq.
Robe rt Lowenstein, Esq.
Sneed, Vine, Wilkerson, Selman & Perry J.A. Bouknight, Esq.
P.O. Box 1409 William J. Franklin, Esq.
Aus;in, Texas 78767 Peter G. Flynn, Esq.
Douglas G. Green, Esq.
Kevin B. Pratt Lowenstein, Newman, Reis, Axelrad Attorney General's Office
& Toll State of Texas 1025 Connecticut Avenue, N.W.
P.O. Box 12548 Washington, D.C.
20036 Austin, Texas 78711 Jerry L. Harris James E. Monahan Richard C. Balough Executive Vice President and Dan H. Davidson, City Manager General Manager City of Austin Brazos E'?ctric Power Cooperative, Inc.
P.O. Box 1088 P.O. Box 6296 Austin, Texas 78767 Waco, Texas 76706 1334 246
e FrederickH.Ritts,Esq.
William H. Burchette, Esq.
Law Offices of Northcutt Ely Watergate 600 Building Washington, D.C.
20037 John W. Davidson, Esq.
Sawtelle, Goode, Davidson & Troilo 1100 San Antonio Savings Building San Anton'o, Texas 78205 David M. Stahl, Esq.
James A. Carney, Esq.
Michael 1. Miller, Esq.
Martha E. Gibbs Isham, Lincoln & Beale One First National Plaza Suites 4200, 4300 Chicago, Illinois 60603 Somervell County Public Library P.O. Box 417 Glen Rose, Texas 76043 Maynard Human, General Manager Western Farmers Electric Cooperative P.O. Box 429 Anadarko, Oklahoma 73005 Donald M. Clements, Esq.
Gulf States Utilities Company P.O. Box 2951 Beaumont, Texas 77704 Robert M. Rader, Esq.
Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 W.N. Woolsey, Esq.
Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 hh David J. Rosso, Esq.
Isham, Lincoln & Beale W
J 4200 One First National Plaza Rof'?T Lessy, 4.'
~,
Chicago, Illinois 60603 Counsel for NWStaff
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