ML19260D164

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Discusses DOJ Request for Conference Telcon W/Applicant Re Applicant 800125 Motion for Protective Order.Demands Reasonable Time to Respond to DOJ Oral Request for Production of Documents Believed to Be Confidential
ML19260D164
Person / Time
Site: South Texas, Comanche Peak  Luminant icon.png
Issue date: 01/25/1980
From: Green D
LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To: Mark Miller
Atomic Safety and Licensing Board Panel
Shared Package
ML19260D165 List:
References
NUDOCS 8002080017
Download: ML19260D164 (2)


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Marshall E. Miller, Esquire Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Re: Houston Lighting & Power Company, et al. (South Texas Project, Units 1 and 2), Docket Nos. 50-498A and 50-499A

Dear Chairman Miller:

Counsel for Houston Lighting & Power Company has been informed by counsel for the Department of Justice that the Department intends today to request a conference telephone call to discuss with the Board two matters: (1) disposition of Houston's Motion for Issuance of Protective Order which is served along with this letter, (2) a request for production of certain documents made orally by counsel for the Department one week ago today during the course of a deposition.

Houston is prepared to participate in a conference call regarding the first matter, so long as it is scheduled after the members of the Licensing Board have had an opportunity to review Houston's Motion for Issuance of Protective Order, which is being served by hand on all three members of the Board this morning.

Houston objects strenuously to the Department's extraordinary request that a question concerning document production be argued orally before any written request for production of the documents has been received by Houston and before Houston has had the oppor-tunity, provided by the Ccmmission's Rules of Practice, in 10 C.F.R. 2.741 (d), to consider the request for production and either com-ply with it or file an objection. The documents apparently in question do not appear to Houston to have any connection with the issues in this case. Moreover, they involve relationships with a fuel supplier which Houston may be centractually required to 1942 111 8 002080 OD

Low zx siztr, NzwMAN. Rzz a. Axzt. RAD & Tot.I.

Marshall E. Miller, Esquire January 25, 1980 Page Two hola confidential. In order to ascertain its contractual obliga-tion and to consult, if necessary, with the fuel supplier, Houston requires a reasonable time period in which to review and respond to a specific request. *./

Accordingly, it would be inappropriate for this matter to be considered by the Licensing Board in the context of a telephone conference call at this stage.

dp ec y submitted,

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/p i hbw ouglas G'.

Green Att,orney for Houston Lighting

& Power Company cc: Service List 1942 112

  • / Councel for Houston has indicated the willingness to wo::k informally with counsel for the Department and has further indicated a willing-ness to respond to a specific document request in substantially less than the 30 days allowed by the Rules of Practice.