ML19261B400

Motion for Extension Until 790206 in Which to File Response to Objections & to Motions for Protective Orders to Compel Production Re City of Austin'S Responses.W/Certificate of Svc Encl

ML19261B400
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	01/25/1979
From:	Parmenter F JUSTICE, DEPT. OF
To:
References
NUDOCS 7902210096
Download: ML19261B400 (7)

Text

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UNITED STATES OF AMERICA lgj NUCLEAR REGULATORY COMMISSION ' 4, M N gg73 ? 3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD \

Its &

)

In the Matter of )

)

HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498A CO., et al (South Texas ) 50-499A Project, Units 1 and 2) )

)

TEXAS OTILITIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanche Peak Steam ) 50-446A Electric Station, Units 1 )

and 2) )

)

DEPARTMENT OF JUSTICE MOTION FOR EXTENSION OF TIME

1. Pursuant to 10 CFR S2.711 of the Commission's Rules of Practice, the Department of Justice (" Department") hereby moves for an extension of time to and including February 6, 1979, within which to file its responses (including motions to compel production) to objections and motions for protective orders filed by Houston Lighting and Power Company ("HL&P") and Texas Utilities Companies ("TU")

regarding the Department's first set of interrogatories and document requests served upon HL&P and TU. The Department further requests that this February 6 date also be adopted as the date for the Department to file a motion to compel production respecting the responses of the City of Austin

(" Austin") to the first set of Departmental interrogatories served upon it.

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2. On January 11, 1979, HL&P served by mail its OBJEC-TIONS AND ANSWERS TO THE DEPARTMENT OF JUSTICE'S FIRST SET OF WRITTEN INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS. Tu filed, on January 12th by mail, its ANSWER OF TEXAS UTILITIES COMPANY AND ITS SUBSIDIARIES TO THE FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM THE DEPARTMENT OF JUSTICE, as well as a motion entitled TUGCO'S OBJECTIONS TO AND MOTIONS FOR PROTECTIVE ORDERS REGARDING CERTAIN OF DEPARTMENT'S INTERROG-ATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS. On January 15, HL&P supplemented its earlier responses and objections with a motion served by mail entitled HOUSTON LIGHTING & POWER COMPANY'S OBJECTIONS AND MOTION FOR A PROTECTIVE ORDER RECnRDING. DISCOVERY REQUEST FROM DEPART-MENT OF JUSTICE. On January 12, Austin served by mail its RESPONSE OF THE CITY OF AUSTIN TO THE DEPARTMENT OF JUSTICE'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION.

3. Under 10 CFR SS 2.710 and 2.740(f), the Depart-ment would have until January 29 in the case of TU and January 30 in the case of HL&P (both being 15 days after service), to respond to each company's respective objections and motions for protective orders, and to file the Depart-ment's motions to compel production. With regard to Austin, the Department would have until January 29 to file a motion to compel production.

4. On the afternoon of January 23, 1979, it became necessary for the Department's lead counsel in these proceedings, Ms. Judith L. Harris, to fly tc Minnesota in order to attend to an unexpected and quite serious illness in her family. It appears that the serious nature of this illness will prevent Ms. Harris from returning to Washing-ton, D.C. Sooner than January 26, 1979. Ms. Harris' absence will seriously impede the ability of the Department to respond to the objections and motions for protective orders filed by HL&P and TU, and to determine if motions to compel production against HL&P, TU and Austin should be filed, within the time period established by the Rules of the Commission.

5. Counsel for HL&P, TU, and Austin have been informed of this cequest and have authorized the Department to state that HL&P, TU, and Austin have no objection to the Board 's granting the requested extension of time.

WHEREFORE, it is respectfully requested that the time within which to file the Department's responses to HL&P's and TU's objections and motions for protective orders, and within which to file motions to compel production against HL&P, TU, and Austin, be extended to and including February 6, 1979.

Respectfully submitted,

[Pr eo .r Pica r4ae k nH te r ,

.: -c d : W c.,A:.torn Energy Section Antitrust Division U.S. Department of Justice January 25, 1979 Washington, D.C. 20530

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

)

HOUSTON 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 Peak Steam ) 50-446A Electric Station, Units 1 )

and 2). )

)

CERTIFICATE OF SERVICE I hereby certify that service of the foregoing DEPARTMENT OF JUSTICE MOTION FOR EXTENSION OF TIME has been made on the following parties listed hereto this 25th day of January, 1979, by depositing copies thereof in the United States mail, first class, postage prepaid.

Marshall E. Miller, Esquire Richard S. Salzman, Esquire U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Michael L. Glaser, Esquire Jerome E. Sharfman, Esquire 1150 17th Street, N.W. U.S. Nuclear Regulatory Washington, D. C. 20036 Commission Washington, D. C. 20555 Sheldon J. Wolfe, Esquire U.S. Nuclear Regulatory Chase R. Stephens, Secretary Commission Docketing and Service Branch Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D. C. 20555 Office of the Secretary of the Commission Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D. C. 20555 Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555

Roff Hardy Michael I. Miller, 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. Lessey, Esquire City Public Service Board Michael Blume, Esquire P.O. Box 1771 U.S. Nuclear Regulatory San Antonio, Texas 78203 Commission dashington, 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. McDiarmid, Esquire P. O. Box 1088 Robert A. Jablon, Esquire Austin, Texas 7J767 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 Maneger P. O. Box 1700 City of Listin 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, Es, quire Merlyn D. Sampels, Esqu ire 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 Washington, D. C. 20036 Nicholas S. Reynolds, Esquire Debevoise & Liberman 806 15th Street, N.W.

Suite 700 Washington, D. C. 20005

Douglas F. John, Esquire R. Gordon Gooch, Esquire Akin, Gump, Hauer & Feld John P. Mathis, Esquire 1100 Madison Office Building Baker & Botts 1155 15 th S treet, 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 kn igh t , Esquire 5th Floor, Texas State Bank William J. Franklin, Esquire Build ing 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. Davidson, 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 '

South Texas Electric '

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Cooperative, Inc. '

1. - h "4 V Route 6, Building 102 Ffederibk'H." Parmenter , Attorney Victoria Regional Airport Energy Section Victoria, Texas 77901 Antitrust Division Department of Justice