ML19256F433

Monthly Status Rept for Nov 1979.Parties Arrived at Terms of Protective Order.Four Scheduled Depositions Delayed.Draft of Order Encl

ML19256F433
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	12/05/1979
From:	Poirier M SPIEGEL & MCDIARMID
To:
References
NUDOCS 7912190138
Download: ML19256F433 (8)

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LAW OFFICES SPIEGEL & McDIARSIID 2600 VIRGINIA AVENUE, N.W.

WASHINGTON. D.C. 20037 GEORGE SPIEGEL BONNIE S. BLAIR ROBERT C. McOf ARMID TELECOPtER (202) 333-2974 ROBERT HARLEY SEAR S ANDRA J. STRESEL THOM AS C. TRAUGER ROBERT A. JABLON JOHN MICHAEL ADRAGNA JAMES N. HORWOOO CYNTHIA S. 00GORAD ALAN J. ROTH G ARY J. NEWE LL FRANCES E. FRANCIS M ARC R. POIRIER D ANIEL 1. D AVIDSON THOM AS N. McHUGH. JR.

DANIEL J. GUTTM AN PETER x. uarT December 5, 1979 O AVID R. STRAUS Marshall E. Miller, Esquire, Chairman Michael L. Glaser, Esquire Sheldon J. Wolfe, Esquire Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D.

C.

20555 RE:

Houston Lighting & Power Company (South Texas Project, Units 1 & 2), Do cke t No s. 50-4 9 8A &

50-499A; Texas Utilities Generating Company (Comanche Peak Steam Electric Station, Units 1 & 2),

Docket Nos. 50-445A & 50-446A Gentlemen:

This is the monthly report of the Public Utilities Board of the City of Brownsville, Texas ( "B rown sv ille " ) concerning its progress toward completion of discovery in the above captioned proceeding.

Af ter reaching agreement with the Texas Utilities com-panies regarding protection of confidential documents,

Brownsville inspec ted in Dallas and Fort Worth documents responsive to its interrogatories and document requests.

Copies of requested documents should be received shortly.

The terms of the agreement protecting confidential documents are appended to this letter.

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Brownsville produced additional documents to Houston Lig hting & Power Company responsive to its interrog atories and document requests, and to its follow-up requests.

Brownsville and the Central and South West companies agreed to a final version of a protective order, which was entered by the Board on November 7, 1979.

Brownsville has arranged with West Texas Utilities Company and Public Service Company of Oklahoma for the inspection of documents in early December.

Gulf States Utilities documents copied by the Department of Justice were received by Brownsville.

Throughout November Brownsville continued its ongoing review of documents and information received in response to its discovery requests.

During the week of November 12 Brownsville participated in the depositions of four present and former employees and officers:

Mr. Robert E.

Roundtree, present General Manager of the Public Utilities Board, Mr. Larry Gawlik, present Associate General Manager for Engineering and Planning, Mr.

H.

E.

Hastings, former General Manager, and Mr. Israel J.

Lizka, former Chairman of the Pubic Utilities Board.

During November Brownsville also noticed the deposition of four persons :

Mr. Aaron E. Autry Chief Operating Officer, CP&L Mr. Merle L.

Borchel t Executive Vice President, CP&L Mr. Rof f W.

Hardy Former Chairman & Chief Executive Officer, CP&L Mr.

S.

B.

Phillips, Jr.

Chairman & Chief Executive Officer, Central &

South West Corporation These depositions were noticed for December 11, 12, 13 and 17 respectively.

However, at the request of Central Power &

Light Company, Brownsville had agreed to postpone these depo-sitions.

The dates for rescheduling will depend on the Board's ruling on the Department of Justice's pending Motion for Modification of the July 24, 1979 Order of the Atomic Safety and Licensing Board.

If the Board provides an addi-tional period for discovery, the depositions will be rescheduled during that period; if the Board declines to extend the discovery period CP&L has agreed to depositions.

at the end of December.

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1$20 D8'6-

. Brownsville has tentatively agreed with Houston Lighting

& Power Company to postpone until January depositions of Mr.

Ruben Edelstein, former Mayor of Brownsville and Mr. Al Cisneros, Director of the Brownsville Navigation District. l/

Brownsville has requested, and HL&P has agreed to, the pos t-ponement of the deposition of Mr. William Mayben, originally scheduled for December 18, 1979.

The deposition of Dr. John W.

Wilson will go forward as scheduled on December 20, 1979 in Washing ton,

D.

C.

Respectfully submitted, Marc R. h 'rier M mi Attorney for the Public Utilities Board of the City of Brownsville, Texas

Enclosure:

As Stated 1/

Although Brownsville has discussed a date for his depo-Eiticn and has been in contact with Mr. Cisneros, Mr.

Cisneros has never been an employee or officer of the Public Utilities Board, and the Board's counsel do not represent him at this time.

1'620 M 7

UNI *ED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:

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Houston Lighting A Power Co.,

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Docket Nos. 50-498A et al.

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and 50-499A (South Texas Projectr Unit

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Nos. 1 &- 2)

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. Texas. Utilities Generating Co.,)

Docket Nos. 50-445A et al.

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and. 50-446A (Comanche Peak Steant Electric

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Station, Unit Nos L r 2)

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PROTECrivZ ORDER On-January 3I,.197I,. the Public Utilities. Boari of the; CitI of Brownsville Texas. (" PUB") filed.its Initial Interroga-r tories to and First Request for Production of Documents by Texas Utilities Company and'its Subsidiaries (hereinafter referred to collectively as "TU").

In response, Texas Utilities Com-pany on behalf of itself and. its subsidiaries filed Objections to and Motion for Protective Order alleging, inter alia, that the fuel contracts and related documents requested in certain of PUB's Interrogatories and Requests for documents relate to or contain information which is of a confidential or prcprietary nature, the release or disclosure of which to third parties could impair TU's relationships with its existing or potential fuel suppliers and might otherwise jeopardize

"'U's competitive v

pcsition.

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TU has therefore requested this Board to issue a Protective Order concerning the. public disclosure 'of such ' fuel contracts and related documents (or information obtained from such. doeur ments).

WHEREFOREr rr IS' ORDERED thati fuel contracts and related documents which would. disclose-the terms of the fuel centracts.

(or information obtained from. such.'documentsi requested by PU3

- in. its Initial Interrogatories andi Reuqest for Product on. of u.;.+ -

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Documents to TtT, which have been designated by TIT te be confi-dential (hereim de#"ed. as protected. information), shall be sub-fect to the. following restrictions:

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I Erctected. informatiam defined. above shall not be.

disclosed to anr person. other tham (a) counsel for PUB, including necessarf paralegal, secretarial and clerical personnel assisting such counsel;- (b) qualified persons taking testimony-involving such documents o=-information and necessary stenographic and clerical personnel thereof; (c) identifiad independent consultants and technical experts and their respective technical and. clerical staff who are engaged in or for this litigation on behalf of PUB; and (d) the Commission, the Board, the presiding officer, d

or Commission.'s staff.

2.

Protected information defined above shall not be made available to any person designated. in paragraph 1(c) unless each such person shall have first read this order and shall have agreed, v

in writing (a) to be beund by-the terms thereof; (b) not. to reveal 1;620089

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such protected information to anyone other than another person designated in paragraph one who shall also have read this order; and (c) to utilize sucb. protected information solely for pur-poses of this proceeding.

3' If the Commission or the Board orders that access to or dissemination of protected information defined. abova shall be =ade to persons not included in paragraph one above, such. matter sh*T T only be accessibla to, or disseminated to, such persons. based. upon. the conditions set fortit in. that Order 4

AII. copies of documents provided to PUH ancL designated confidential. by TII in. accordance-witit the ter=s of this Order

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shall be marked. by TU as follows:

" CONFIDENTIAL. BUSINESS' INFORMATIONr SUBJECT TO PROTECTUE GRDER OF THE NUCLEAR REGULA-TORY CO.*ed.ISSION LICENSING SOARD DATED Copies of such docu=ents and all. notes and su=maries. therefrom made by counsel for' PUB or any other persons designated in. paragraph one shall be similarly marked.

Any portion of a transcript or exhibits relating to this proceeding which contain any pro-tected information defined above shall, on motion by TU, be bound separately and. filed under seal, unless otherwise ordered.

5 If protected informatiert is disclosed to any person other than in the-manner authorized. by this protective order, the person responsible for the disclosure shall notify counsel for TV and che NRC Licensing Board and. make every effort to re-trieve all such documents or information disclosed and to prevsnt 1 620 1)90

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'V further disclosure by it or by the person who was the recipient of such information.

6.

Ibthing in this order shall affect the right of any party to seek any further judicial or administrative ordeh concernin7 this matter,. including the admissibility or denial of admissibility into evidence of protected documents or infor-mation. defined above,. nor shall it abridge the right of any-person. to seek judicial. review or to pursue other appropriate judicial actica witir respect to any ruling made by the Commission, its Freedon of Informati Ir Act Officer the Board. or the-presiding e

officer concerning the issue of the status of confidential busi.-

.}

ness information 7

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Upon-the concInsicrr of this proceeding, related pro-ceedings,. as. defined. at pages. 6: and. T of the: Licensing Board's Order of July 13, 19 78 i:r this case, and. Central Power & Licht Comoanv, et al., FERC Docket No EL79-8, and any other proceedin7 that may hereafter be included by agreement or by Board order, including any further proceedings on review of orders in those proceedings, all copies of protected documents furnished pursuant to this Order shall be returned to 'IU for'.bith.

Counsel for PUB and other persons designated in paragraph one shall at the conclusion of this. and related proceedings as described above, destroy any notes, sum = aries or other such documents of a work product nature which.contain protected information defined above.

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/U A copy of this order shall be served on all parties.

BY ORDER OF THE ATCMIC SAFETY AND LICENSING BOARD Dated.

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