ML19259B811
| ML19259B811 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 02/28/1979 |
| From: | Harris J JUSTICE, DEPT. OF |
| To: | |
| References | |
| NUDOCS 7903230194 | |
| Download: ML19259B811 (6) | |
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NUCLEAR REGULATORY COMMISSION 9
T,*Jf.TsN EFORE THE ATOMIC SAFETY AND LICENSING BOARD
'y w rp
)
In the Matter of
)
)
HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498A CO.,
et al (South Texas
)
50-499A Project, Units 1 and 2)
)
)
1 TEXAS UTILITIES GENERATING
)
Docket Nos. i50-445A COMPANY (Comanche Peak Steam
)
50-446A Electric Station, Units 1
)
and 2)
)
)
REPORT OF THE DEPARTMENT OF JUSTICE - February, 1979 Pursuant to the orders dated June 21, 1978, and December 5,
1978, issued by the Atomic Safety and Licensing Board
(" Board"), the Department of Justice
(" Department") submits this consolidated report on the progress made by the De-partment in completing discovery during the month of February, 1979.
On February 6, the Department filed a number of motions and responses with the Board pertaining to the Department's first sets of interrogatories and requests for the production of documents, which had been served during November and December, 1978, upon Houston Lighting and Power Co. ("HL&P"),
the Texas Utilities Companies ("TU"), and the City of Austin
(" Austin").
Two of these filings were concerned with plead ing s filed by HL&P: REScONSE OF THE DEPARTMENT OF gg3 30
Douglas F. John, Esquire R. Gordon Gooch, Esquire Akin, Gump, Hauer & Feld John P.
Mathis, Esquire 1100 Madison Of fice Building Baker & Botts 1155 15th Street, N.W.
1701 Pennsylvania Avenue, N.W.
Washington, D.
C.
20024 Washington, D.
C.
20006 Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A. Bou k n igh t, 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.
Washington, 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 Executive Director Houston, Texas 77002 Committee on Power for the Southwest, Inc.
Kevin B. Pratt, Esquire 5541 East Skelly Drive Assistant Attorney General Tulsa, Oklahoma 74135 P.O.
Box 12548 Capital Station John W.
Dav id s o n, Esquire Austin, Texas 78711 Sawtelle, Goode, Davidson
& Tioilo Frederick H.
Ritts, Esquire 1100 San Antonio Savings Law Offices of Northcutt Ely Building Watergate 600 Building San Antonio, Texas 78205 Washington, D.C.
20037 W.
S.
Robson General Manager M.
pk C
p ve n
Route 6, Building 102 RJHald H.
Clark, Attorney Victoria Regional Airport Energy Section Victoria, Texas 77901 Antitrust Division Department of Justice
Roff Hardy Michael I.
M ille r, Esquire Chairman and Chief Executive Richard E.
Powell, Esquire Officer David M.
Stahl, Esquire Central Power and Light Thomas G.
Ryan, Esquire Company Isham, Lincoln & Beale P. O.
Box 2121 One First National Plaza 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 Regulatory San Antonio, Texas 78203 Commission Washington, D. C.
20555 Perry G.
Brittain President Jerry L.
Harris, Esquire Texas Utilities Generating City Attorney, Company Richard C.
Balough, Esquire 2001 Bryan Tower Assistant City Attorney Dallas, Texas 75201 City of Austin P.O.
Box 1088 R.L.
Hancock, Director Austin, Texas 78767 City of Austin Electric Utility Department Robert C.
McGiarmid, Esquire P. O. Box 1088 Robert A. Jablon, Esquire Austin, Texas 78767 Spiegel and McDiarmid 2600 Virginia Avenue, N.W.
G. W. Oprea, Jr.
Washington, D.
C.
20036 Executive Vice President Houston Lighting & Power Dan H. Davidson Company City Manager P. O.
Box 1700 City of Austin Houston, Texas 77001 P. O.
Box 1088 Austin, Texas 78767 Jon C. Wood, Esquire W. Roger Wilson, Esquire Don R.
Butler, Esquire Matthews, Nowlin, Macfarlane 1225 Southwest Tower
& Barrett Austin, Texas 78701 1500 Alamo National Building San Antonio, Texas 78205 Joseph Irion Worsham, Esquire Merlyn D. Sampels, Esquire Joseph Gallo, Esquire Spencer C.
Relyea, Esquire Richard D. Cudahy, Esquire Worsham, Forsythe & Sampels Robert H.
Loeffler, Esquire 2001 Bryan Tower, Suite 2500 Isham, Lincoln & Beale Dallas, Texas 75201 Suite 701 1050 17th Street, N.W.
Joseph Knotts, Esquire Wa sh ing ton,
D.
C.
20036 Nicholas S.
Reynolds, Esquire Debevoise & Liberman 1200 17 Street, N.W.
Washington, D. C.
20036
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD A
YES$
AS 6
MAR 51973h y
)
In the Matter of
)
f4 73,17 t 7 w
)
p HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498A (
L*
f CO., et al.(South Texas
)
50-499A
n ja d
Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak Steam )
50-446A Electric Station, Units 1
)
and 2)
)
)
CERTIFICATE OF SERVICE I hereby certify that service of tne foregoing REPORT OF THE DEPARTMENT OF JUSTICE - F ebruary, 1979; has been made on the following parties listed hereto this 28th day of February, D 79, by depositing copies thereof in the United States mail, first class, p(stage prepaid.
Marshall E.
Miller, dsguire Atomic Safety and Licensing Chairman Appeal Board Panel Atomic Safety & Licensing Board U.S. Nuclear Regulatory Panel Conmission U.S. Nuclear Regulatory Wash.ngton, D.
C.
20555 Commission Washington, D.
C.
20555 Richard S. Salzaan, Esquire U.S.
Nuclear Regalatory Michael L. Glaser, Esquire Ccmmission 1150 17th Street, N.W.
Wastington, D. C.
20555 Washington, D.
C.
20036 Jer '>me E. Sharfman, Esquire Sheldon J. Wolfe, Esquire U.S.
Nuclear Regulatory Atomic Safety & Licensing Board Commission Panel Wash ington, D. C.
20555 U.S. Nuclear Regulatory Commission Chase R.
Stephens, Secretary Washington, D. C.
20555 Docketing and Service Branch U.S. Nuclear Regulatory Samuel J. Chilk, Secretary Commission Office of the Secretary of the Wa sh ing ton, D. C.
20555 Commission U.S. Nuclear Regulatory Jerome Saltzman Commission Chief, Antitrust and Washington, D. C.
20555 Indemnity Group U.S. Nuclear Regulatory Commission Washington, D.
C.
20555
HL&P served, on February 9, its SECOND SET OF INTERROGA-TORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POUSR COMPANY TO ANTITRUST DIVISION, U.S.
DEPT.
OF JUSTICE.
On February 22, the Department filed a motion with the Board for an extension of time within which to answer or otherwise respond to this second set of HL&P interrogateries.
On February 26, counsel for TU, in response to a request made by the Department on January 8, provided copies of missing documents omitted from the October 11, 1978, delivery of documents requested by the Department.
Throughout the entire month of February, the Department continued its process of reviewing discovery materials already received.
Respectfully submitted, 9uAdh L. /!&
J u d'i t h L. Harris Ronald H.
Clark Frederick H.
Parmenter Attorneys Energy Section Antitrust Division U.S.
Department of Justice Washington, D.C.
20530 February 28, 1979
e JUSTICE TO HOUSTON LIGHTING & POWER COMPANY'S OBJECTIONS AND MOTION FOR A PROTECTIVE ORDER REGARDING THE DEPARTMENT'S DISCOVERY REQUEST, and MOTION OF THE DEPARTMENT OF JUSTICE TO COMPEL HL&P TO PROVIDE FULLER RESPONSES TO THE DEPARTMENT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS.
Two of the filings related to TU: RESPONSE OF DEPARTMENT OF JUSTICE TO TUGCO'S OBJECTIONS AND MOTIONS FOR PROTECTIVE ORDERS REGARDING CERTAIN OF DEPARTMENT'S INTERROGA-TORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS, and MOTION OF THE DEPARTMENT OF JUSTICE TO COMPEL TEXAS UTILITIES COMPANY TO PROVIDE FULLER RESPONSES TO THE DEPARTM"NT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS.
The final filing pertained to Austin: MOTION OF THE DEPARTMENT OF JUSTICE TO COMPEL THE CITY OF AUSTIN TO PROVIDE FULLER RESPONSES TO THE DEPARTMENT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS.
On February 14 and 16, respectively, HL&P and TU moved the Board for extensions of time in which to respond to the Department's motions to compel.
On February 15, the Board granted HL&P's motion, establishing March 5, 1979, as the closing date for responding to the Department's motion.
On February 20, 1979, Austin served its OBJECTIONS TO THE MOTION OF THE DEPARTMENT OF JUSTICE TO COMPEL THE CITY OF AUSTIN TO PROVIDE FULLER RESPONSES TO THE JUSTICE DEPARTMENT'S FIRST SET OF INTERROGATORIES.
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