ML19257C844

Fourth Set of Interrogatories Directed to Doj.Requests Identification of Witnesses Who Will Provide Engineering Testimony Re SB Cyphert Statement,Contained in Encl to Jg Copeland

ML19257C844
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	01/21/1980
From:	Franklin W BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	JUSTICE, DEPT. OF
Shared Package
ML19257C845	List: ML19257C844 ML19257C850
References
NUDOCS 8001300581
Download: ML19257C844 (5)

Text

'

s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

)

HOUSTON LIGHTING & POWER

)

Docket Nos. 50-498A COMPANY, et al.

)

50-499A

)

(South Texas Project,

)

Units 1 and 2)

)

)

)

TEXAS UTILITIES GEMl' RATING

)

Docket Nos. 50-455A COMPANY, et al.

)

50-446A

)

(Comanche Peak Steam Electric

)

and 2)

)

Station, Units 1

FOURTH SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COS1PANY TO ANTITRUST DIVISION, U.

S.

DEPT. OF JUSTICE Preface Pursuant to Sections 2.740b and 2.741 of the Commission's Rules of Practice, Houston Lighting & Power Company propounds the following Interrogatories and Requests for Production of Documents to the Antitrust Division, U.

S.

Department of Justice

(" Division").

Each interrogatiory should be answered separately and fully in writing under oath or affirmation by the person or persons making them no later than 14 days after service of these Interrogatories and Requests for Production, and each document recuested should be produced no later than 30 days after service of these Interrogatories and Pequests for Production.

~

1833 206 8 00130 0 IS /

. Definitions As used herein the terms listed below are, unless otherwise specifically indicated, intended to have the following meanings:

1.

"First Set" refers to the First Set of Interrogatories and Requests for Production of Documents from Houston Lighting &

Power Company to Antitrust Division, U.

S.

Department of Justice, dated August 1, 1978.

2.

All Definitions of the First Set are incorporated in these Definitions by reference.

General Instructions The following General Instructions apply to each of the discovery requests contained herein:

1.

Restate the interrogatory or document request as the first part of the answer.

2.

Documents in the possession of any other party to this proceeding or publicly available are not to be regarded as being in Houston's possession.

3.

All General Instructions of the First Set are incorporated in these General Instructions by reference.

1833 207

, Interrogatories 1.

With respect to the statement contained in the January 15, 1980 letter from Susan Braden Cyphert, counsel for the Department of Justice, to J. Gregory Copeland, counsel for Houston Lighting

& Power Company (Attachment A to these interrogatories) that:

The Department does, however, anticipate providing engineering testimony through individuals who have already been designated as expert witnesses in these proceedings.

(a)

Identify each expert witness who the Division expects to rely upon or utilize as a provider of engineering testimony in this proceeding.

(b)

State (i) any understandings between the Division and each such expert witness, and (ii) the substance of any communication between the Division and any other person, which partially or completely provides the basis for the Division's anticipation that it can provide engineering testimony through each such expert witness.

(c)

Provide a summary of the testimony which each such expert witness is expected to offer on behalf of the Division.

(d)

State the basis for each conclusion or opinion each such expert witness expects to present or draw in his/her testimony on behalf of the Division.

(e)

Identify all documents prepared by, for, or under the supervision of each such expert witness, or reviewed or relied upon in any way by such expert in the performance of his/her duties, formulation of his/her conclusions or opinions, or preparation of his/her testimony, including particularly work papers, status reports, preliminary outlines and memoranda, drafts of testimo.ny, and communi-cations between such expert and the Division, any p, arty to the

~

i833 208

. proceeding, or any person with knowledge in any way relied upon by such expert, and provide copies of any such document not already in the possession of Houston.

(f)

Identify each such party to the proceeding and any person with knowledge in any way relied upon by such expert with whom such expert has communicated.

Respectfully submitted,

.A William J.

Frpnklin Attorney for Houston Lighting &

Power Company OF COUNSEL:

Ba}rer & Botts 3000 One Shell Plaza Houston, Texas 77002 Lowenstein, Newman, Reis, Axelrad

& Toll 1025 Connecticut Avenue, N.W.

Washington, D.C.

20036 uate:

uanuuty 21, 19GG l'833 209'

Attachment A

<- 7;:%

%;i.\\

UNITED STATES DEPAllTMENT OF JUSTICE w.. yG'.,'

WhillNGTON, D.C.

20Mo 15 J A N 1980 m.....,....

,~..._....,_,a

.,J H.t.

...;ii.t...J m.a,

DAK:SBC 60-415-105 J.

Gregory Copeland, Esquire Baker & Botts One Shell Plaza Houston, Texas 77002 Re:

Houston Lighting & Power Company, et al.,

(South Texas Project, Units 1 & 2), Docket Nos. 50-49CA and 50-499A and Texas Utilities Generating Company, et al.,

(Comanche Peak Steam Electric Station, Units 1 & 2) Docket Nos. 50-445A and 50-446A

Dear Mr. Copeland:

Please be advised that the Department of Justice

(" Depart-ment") presently does not anticipate that William E.

Scott will testify as an expert witness in the above captioned matters.

Accordingly, the Department will not produce Mr. Scott's draft t0stimony or make him available for deposition in March.

If the Departnent decides to re-designate Mr. Scott as an expert witness the Department will promptly notify all counsel, pro-vide his draf t testimony and any other materials responsive to the Board's Order on expert witnesses and provide counsel with an immediate opportunity to further depose Mr. Scott.

The Department anticipates that Mr. Scott will continue to assist the Department in its preparation for trial as a non-testifying expert, as his time permits.

The Department dces, however, anticipate providing engi-neering tes timony through individuals who have already been designated as expert witness in these proceed ings.

Sincercly,

/lI,fnfhY),h$ dbl 47 L Vh>M Susan Braden Cyphert Attorney Energy Section Ant itrust Division cc:

Chairman Miller and Messors. Wolfe and Glaser j Richard Weiner, Depar tment of Energy William E. Scott, Department of Energy All counsel of record .}}