ML19256G352
| ML19256G352 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 12/14/1979 |
| From: | Cyphert S, Luque N, Parmenter F JUSTICE, DEPT. OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 7912310137 | |
| Download: ML19256G352 (8) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Og ]/
d 3
O L J
Before the Atomic Sa fety a nd Licens ing Appea _l _B_
d, grwg&gp In the Matter of
)
(A A
HOUSTON LIGHTING & POiiER
)
Docket Nos. 50-498A COMPANY, et al. (South
)
50-499A Texa s Project, Units 1
)
and 2)
)
)
TEXAS UTILITIES GENERATING
)
COMPANY, et al. (Comanche
)
Docket Nos. 50-445A Peak Steam Electric
)
50-445A Sta t ion, Units 1 and 2)
}
DEPARTMENT OF JUSTICE HOTION FOR EXTENSION OF TIME Pursuant to Rule 2.711 of the Nuclear Regula tory Commission's Rules of Practice, 10 CFR S2.711, the Department of Justice
( "Depa r tme n t" ) hereby moves for an extension of time to and includ ing Februa ry 1, 1980, within which to file its supplementary response 1/ to the "First Set of Interroga tories and Requests for Production of Documents from Houston Lighting &
Power Company to Antitrust Division, U.S.
Dept. of Justice"
("In ter roga tor ie s" ). 2/
On November 30, 1979, Houston Lighting and Power ("HL&P")
filed " Motion of Houston Lighting & Power Company to Compel tne Depar tment of Justice and the NRC Staf f to Respond to Houston's First Set of Interrogatories and Requests for Production of Documents" (" Motion").
In its Motion HL&P requested tha t the 1/ The Department also anticipates making a final supplementary response if needed a f ter the close of discovery.
2/ On July 13, 1979, October 19, 1979, and November 27, 1979, the Department provided HL&P with Supplemental Responses to "Second Set of Interroga tories and Requests for Production of Documents from Houston Lighting & Power Company to Antitrust
- Division, U.S.
Dept. of Justice."
1661 290 R 91asio/3 h g
._2-Atomic Sa f ety and Licensing Boa t d (" Boa rd") direct the Department to pr ovide its response no la ter than December 14, 1979.
The Department does not object to HL&P's Motion insotar as it requests that interroga tory responses be upda ted to reflect ongoing discovery in the South Texas proceeding.
The Department does object, however, to HL&P's allega tions tha t it has not discovered any additional informa tion rega r ding the subject matter of these interroga tories since the time of the Department's initial response.
Much of the supplemental informa tion HL&P requests is contained in the transcripts of the depositions of this proceeding and in the documents produced at these depositions.
HL&P's counsel have been present at almost all of these depositions and have fully participated in discovery.
Furthermore, with respect ' to supplementary interroga tory responses rega rding the Department's economic analysis, HL&P enjoyed an extensive two-day deposition of the Department's expert economist, Dr.
Gordon Taylor.
At tha t deposition Dr - Taylor sta ted the general parameters of his analysis te. da te, and indica ted tha t he would not b, able to formulate his final conclusions until af ter he had completed his analysis of the facts following the conclusion of discovery in this case.
The Depa rtment has sta ted that Dr. Taylor will be made ava ilable for another deposition after this work is completed. 1/
1/ See " Motion of the Department of Justice For Modification of the July 24, 1979 Order of the Atomic Sa fety and Licensing Board and Application For Issuance of Subpoena s", da ted November 27, 1979.
1661 291
. In the " Response of Department of Justice to Applicant's First Request for Production of Documents and Answer to Interroga tor ies" of October 10, 1978, the Department indica ted tha t it would not respond to a number of HL&P's inter r oga tor ies until the Department had finished its review of the approxima tely 15,000 pages of documents produced by HL&P and Texas Utilities Generating Company ("TUGCO"), and the Department had the opportunity to proceed further with discovery.
Since the Department filed its first Response to HL&P's Interrogatories, the Department has interviewed or attended the depositions of approxima tely 150 individuals.
The Department has also received approxima tely 50,000 pages of documents in addition to the initial group received from HL&P and TUGCO.
Although a subs tan tial amount of work to distill this discovery has been completed some work still remains.
The Department is currently 'in the process of draf ting updated responses to HL&P's Interroga tories.
The Department had begun this process well before HL&P had served its Motion on the Department on November 30, 1979, and had informally notified counrel to that ef fect at the ongoing depositions.
In order for the Department to respond fully to HL&P, however, the Department must complete its review of the informa tion discovered to da te.
Since receiving HL&P's Motion, the Department has 1661 292
-A-participated in approxima tely eight depositions in Texas and Louisiana.
The Department must also prepare for and conduct an additional ten to twelve depositions scheduled in these proceedings during the month of December, 1979, in Texa s.
The Department has also received and is responding to " Petition of Houston Lighu.ag & Power Company for Directed Certification and Review of the Licensing Board's Order Denying Motions for Summary Decisior.", "TUGCO's Response to and Joinder in Houston Lighting and Power Company's Request for Directed Certification and Rev iew of Rulings on Colla teral Estoppel and Summa ry Decision", "TUGCO's Opposition to the Motion of the Department of Justice for Modification of Discovery and Hearing Schedule; Motion to Quash Subpoenas; and for Other Relief. ", and " Response of Houston Lighting and Power Company to Department of Justice's Motion for Extension of Hearing Schedule and Ancillary Relief".
The Department cannot submit meaningf ul responses to the HL&P Interroga tories that reflect the totality of the Department's discovery if it is required to submit a response by December 14, 1979.
Furthermore, ongoing discovery will be seriously jeopardized if the Department is compelled to supplement HL&P's request before an adequa te review of the evidence can take place.
1661 293
. WHEREFORE, it is respectfully requested tha t the time within which to file a supplementary response to HL&P's Interrogatories be extended to and including February 1, 1980.
Respectfully submitted, fktt $H'4'W
'usan Braden Cypher t [!
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Frederick H. Parmenter
~
s Nancy Lug <
i Wa shing ton, D. C.
Attorneys, r
December 14, 1979 Energy Section Antitrust Division U.S.
Depa rtment of Justice (202-724-6667) t Subscribed and sworn to before me, a notary public, this f_f g.
da y ofd /, Aj 1979.
Da ted :
December 14, 1979
,gg,#O
/IMv Wa shington, D. C.
Dff-u
<(a L,th 4C4L' My Cemmistfon Exntres A':7.14.1981 1661 294
UNITED STATES OF AMERICA NUCLEAR REGULATORY CO!! MISSION Before the Atomic Sa f ety_and Licens i ng_ Appea l Board
)
In the Ma tter of
)
)
UOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498A CO., et al.(South Texas
)
50-499A Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Pea k Steam )
50-446A Electric Station, Units 1
)
and 2)
)
)
CERTIFICATE OF SERVICS I hereby certify tha t service of the foregoing DEPARTMENT OF JUSTICE MOTION FOR EXTENSION OF TIME has been made on the following parties listed hereto this 14tl. day of December 1979, by depositing copies thereof in the United States mail, first class, postage prepaid.
Marshall E.
Miller, Esquire Atomic Sa fety and Licensing Cha irma n Appeal Board Panel Atomic Sa fety & Licensing Board U.S. Nuclea r Regula tory Pa nel Commission U.S. Nuclear Regulatory Wa shing ton, D.
C.
20555 Commission Wa shington,
D.
C.
20555 Richard S.
Sa l zma n, Esquire U.S. Nuclea r Regula tory Michael L. Gla ser, Esquire Commission 1150 17th Street, N. W.
Washington, D.
C.
20555 Wa shi ng ton,
D.
C.
20036 Jerome E.
Sharfman, Esquire Sheldon J.
Wolfe, Esquire U.S. Nuclear Regula tory Atomic Sa fety & Licensing Board Commission Pa nel Wa shing ton, D.
C.
20555 U.S. Nuclear Regula tory Commission Chase R. Stephens, Secretary Wa shington,
D.
C.
20555 Docketing and Service Branch U.S. Nuclear Regula tory Samuel J.
Chilk, Secretary Commission Office of the Secretary of the Washington, D.
C.
20555 Commission U.S. Nuclea r Regula tory Jerome Saltzman Commission Chief, Antitrust and Washington, D.
C.
20555 Indemnity Group U.S. Nuclear Regula tory Commission Washing ton, D.
C.
20555 1661 295
Roff Hardy Michael I.
Miller, Esquire Chairman and Chief Executive David M.
Stahl, Esquite Officer Thomas G.
Ryan, Esquire Central Power and Light Martha E.
Gibbs, Esquire Company Isham, Lincoln & Bea le P.
O.
Box 2121 One First National Pla za Corpus Christi, Texas 78403 Chicago, Illinois 60603 G. K. Spruce, General Manager Roy P.
Lessy, Esquire City Public Service Board Michael Blume, Esquire P.O.
Box 1771 U.S. Nuclear Regula to ry San Antonio, Texas 78203 Commission Wa shington, D.
C.
20555 Perry G.
Br i t ta in President Jerry L.
Harris, Esquire Texas Utilities Generating City Attorney, Company Richard C.
Ba l oug h, Esquire 2001 Bryan Tower Assistant City Attorney Da l la s, Texa s 75201 City of Austin P.O. Box 1088 R.L.
Hancock, Director Austin, Texa s 78767 City of Austin Electric Utility Department Robert C. McDiarmid, Esquire P.
O.
Box 1088 Robert A. Ja blon, Esquire Austin, Texas 78767 Spiegel and McDiarmid G.
W. Oprea, Jr.
2600 Virginia Avenue, N. W.
Executive Vice President Washington, D.
C.
20036 Houston Lighting & Power Da n H. Davidson Company City Manager P. O. Box 1700 City of Austin Houston, Texa s 77001 P. O.
Box 1088 Austin, Texas 78767 Jon C. Wood, Esquire W. Roger Wilson, Esquire Don R.
Butler, Esquire Matthews, Nowlin, bacfarlane 1225 Southwest Tower
& Barrett Austin, Texas 78701 1500 Alamo National Building San Antonio, Texas 78205 Joseph Irion Worsham, Esquire Merlyn D.
Sampels, Esquire Joseph Ga llo, Esquire Spencer C.
Relyea, Esquire Richard D. Cudahy, Esquire Worsham, Forsythe & Sampels Robert H.
Loeffler, Esquire 2001 Brya n Tower, Suite 2500 Isham, Lincoln & Beale Suite 701 Dal la s, Texa s 75201 1050 17th Street, N.W.
Joseph Knotts, Esquire Wa shing ton,
D.
C.
20036 Nicholas S. Reynolds, Esquire Debevoise & Liberma n 1200 17th Street, N.W.
Wa shing ton,
D.
C.
20036 1661 296
Douglas F. John, Esquire R. Gordon Gooch, Esquire Akin, Gump, hauer & Feld John P.
Mathis, Esquire 1333 New Hampshire Avenue, N.W.
Ba ker & Botts Suite 400 1701 Pennsylvania Avenue, N. W.
Washington, D.
C.
20036 washington, D.
C.
20006 Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J.
A. Bouknight, Esquire 5th Floor, Texas State Bank William J.
Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 1025 Connecticut Avenue, N. W.
Wa sh ing to n,
D.
C.
20036 Jay M. Galt, Esquire Looney, Nichols, Johnson E.
W.
Barnett, Esquire
& Hayes Charles G.
- Thrash, Jr.,
Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F.
Weiss, Jr.,
Esquire Baker & Botts Knoland J.
Plucknett 3000 One Shell Plaza Execut i've Director Houston, Texas 77002 Committee on Power for the Southwest, Inc.
Kevin B.
Pratt, Esquire 5541 East Skelly Drive As sis ta nt Attorney General
~
Tulsa, Oklahoma 74135 P.O. Box 12548 Capita l Sta t ion John W. Davidson, Esquire Austin, Texa s 78711 Sawtelle, Goode, Davidson
& Tioilo Frederick H.
Ritts, Esquire 1100 San Antonio Savings Law Offices of Northcutt Ely Building Waterga te 600 Building San Antonio, Texas 78205 Wa shington, D.C.
20037 W.
S.
Robson Donald M. Clements, Esq.
General Manager Gulf States Utilities Company South Texas Electric P.O.
Box 2951 Coope ra t ive, Inc.
Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport Victoria, Texas 77901 gy/7 [.
Robert M. Rader, Esquire busan B. Cyphert, Attorney Conner, Moore & Corber
. Energy Section 174 7 Pennsyl va nia Ave., N. W.
Antitrust Division Wa shington,
D.C.
20006 Department of Justice W.N. Woolsey, Esquire Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 jhhj[ .-}}