ML19262A152
| ML19262A152 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 10/17/1979 |
| From: | Knotts J DEBEVOISE & LIBERMAN |
| To: | |
| Shared Package | |
| ML19262A151 | List: |
| References | |
| NUDOCS 7910260448 | |
| Download: ML19262A152 (7) | |
Text
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos. 50-498A
_e t _al.
)
50-499A (South Texas Project, Units
)
1 and 2)
~
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY,- _e t _al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
TUGCO'S MOTION TO QUASH SUBPOENAS OR.IN THE ALTERNATIVE TO QUASH TESTIMONIAL SUBPOENAS AND TO MODIFY SCOPE AND RETURN DATE OF DOCUMENTS SUBPOENA Counsel for TUGCO received on Monday, October 15, 1979 copies of an application for issuance of subpoenas by the NRC Staff and the Department of Justice.
The application, dated October 11, 1979, seeks subpoenas for testimony from R.C. Ender and A.E. Fitzgerald, both with Charles T. Main, Inc. of Boston, Massachusetts and document production by that firm's Keeper of the Records'.
The schedule to each subpoena refers to documents prepared for Texas Utilities relating to an evaluation of a study by a CSW consultant, Power Technologies, Inc.
(" PTI" ) covering interconnections.
The Charles T. Main firm and the individual employees referred to in the application for subpoenas were retained by TUGCO in 1976 as nontestifying expert consultants to counsel.
1917 248 7910260 h/g/ jf Essentially the scope of work was to analyze for TUGCO's counsel reports and evaluations prepared by PTI and others, and to provide related assistance to said counsel.
The accuracy of such reports and evaluations has been, and is, a central issue in all related litigation and is expected to 1/
be a central issue in the instant proceeding.
The con-sultancy arrangement with Charles T. Main has not been terminated.
TUGCO counsel may well use the assistance of the Main firm as nontestifying experts in this case, including work done early in the consultancy.
To the best of our knowledge, all documents provided to Charles T. Main by counsel or TUGCO would be the same as already produced to the NRC and the Department by TUGCO, with the exception, of course, of privileged communications from (or at the direction of) TUGCO's counsel requesting assessment and analys~is of the reports and evaluations for the use of counsel in litigation.
Also privileged are all materials prepared by Charles T. Main.
Requests by or for counsel, and resulting evaluations, are privileged under the Board's prior rulings with regard to attorney's trial preparation and the work product of nontestifying outside consultants.
1/
CSW has named as prospective witnesses herein the authors of certain of these reports:
Dr. Wood (PTI),
Messrs. Arey (Stone & Webster) and Bruggeman (CSW).
1217 249
9
- The Board's " Order Regarding Discovery Motions" of May 7, 1979 provides, in pertinent part:
" (2)
The Staff seeks the production of studies prepared by nontestifying outside consultants.
The Board has ruled that the use by counsel of consultants not to be called as witnesses is protected as part of an attorney's trial preparation which is not subject to discovery (Tr. 18 5 ). "
For the foregoing reasons, TUGCO asserts its privi-lege in requests by or for counsel for analysis and evaluation of the PTI Report b, Charles T. Main and its privilege in the resulting work in any form of Charles T. Main,'Inc.
Since this privilege appears to extend to precisely what the schedules to the subpoenas seek, the subpoenas should be quashed.
In the alternative, in view of the extremely short notice, (the application was received Monday, this is Wednesday, and the document production is scheduled for Friday) TUGCO requests quashing of the two subpoenas for testimony and modi-fication of the return date for the documents subpoena to permit TUGCO counsel to review the files of Charles T. Main so as to segregate and withhold privileged information.
It is unlikely, of course, that there will be any non-privileged information within the scope of the schedule to the subpoena.
In view of the current schedule, it does not appear that that file review could be commenced and completed any sooner than approximately three - four weeks from today.
Accordingly, our alternative is to request that the return date for the document 1?17 250
. subpoena (the testimony subpoenas being quashed) be modified to a date not more than aboui 30 days from October 19th and that privileged information contained in any documentary material be excluded from the scope of the subpoenas.
Respectfully submitted,
/
Jo '
. Knotts,4 Jr.
Dated:
October 17, 1979 1?17 251 b
UNITE] STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos. 50-498A
.e.t_ _a l.
)
50-499A
)
(South Texas Project, Units
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, 'et 'al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
t e, CERTIFICATE OF SERVICE I hereby certify that copies of "TUGCO's Motion to Quash Subpoenas or in the Alternative to Quash Testimonial Subpoenas and to Modify Scope and Return Date of Documents Subpoena" dated October 17',a1979 in the above captioned matter:,
were served upon the following persons by deposit in the United States mail, first class postage prepaid, this 17th day of October, 1979 or by hand delivery to those indicated by an asterisk.
- Marshall E. Miller, Esq.
Mr. Jerome D.
Saltzman
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U.S. Nuclear Regulatory Chief, Antitrust and
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Commission Indemnity Group Washington, D.C.
20555 Nuclear Reactor Regulation U.S. Nuclear Regulatory
'* Michael L. Glaser, Esq.
Commission 1150 17th Street, N.W.
Washington-D.o.
70' ~5 Washington, D.C.
20036 J.
Irion Worshat i.
- Sheldon J. Wolfe, Esq.
Merlyn D.
Sampels, Esq.
U.S. Nuclear Regulatory Spencer C.
Relyea, Esq.
Commission Worsham, Forsythe & Sampels Washington, D.C.
20555 2001 Bryan Tower, Suite-2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon C. Wood, Esq.
U S.
Nuclear Regulatory W.
Roger Wilson, Esq.
Commission Matthews, Nowlin, Macfarlane &
Washington, D.C.
20555 Barrett 1500 Alamo National Building chase R.
Stephens San Antonio, Texas 78205 Docketing and Service Branch U.S. Nuclear Regulatory Commission
]}1/} Washington, D.C. 20555 Charles G. Thrash, Jr., Esq. Don R. Butler, Esq. E.W. Barnett, Esq. Sneed, Vine, Wilkerson, Theodore F. Weiss, Esq. falman & Perry J. Gregory Copeland, Esq. P.O. Box 1409 Baker T. Botts Austin, Texas 78767 3000 One Shell Plaza Houston, Texas 77002 Jerry L. Harris, Esq. Richard C. Balough, Esq. R. Gordon Gooch, Esq. City of Austin John P. Mathis, Esq. P.O. Box 1088 Baker & Botts Austin, Texas 78767 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Robert Lowenstein, Esq. J.A. Bouknight, Jr., Esq.
- Roy P. Lessy, Jr., Esq.
William J. Franklin, Esq. -Michael B. Blume, Esq. Douglas G. Green, Esq. Fredric D.'Chanania, Esq. Lowenstein, Newman, Reis, U.S. Nuclear Regulatory Axelrad and Toll Commission 1025 Connecticut Avenue, N.W. Washington, D.C. 20555 Washington, D.C. 20036 Roff Hardy John W. Davidson, Esq. Chairman and Chief Executive Sautelle, Goode, Davidson & Officer Tioilo Central Power and Light Company 1100 San Antonio Savings Bldg. P.O. Box 2121 San Antonio, Texas 78205 Corpus Christi, Texas 78403 Douglas F. John, Esq. Mr. Perry G. Brittain Ak'n, Gump, Haver & Feld i President 1333 New Hampshire Ave., N.W. Texas Utilities Generating Suite 400 Company Washington, D,C. 20036 2001 Bryan Tower Dallas, Texas 75201 Bill D. St. Clair, Esq. Morgan Hunter, Esq. R.L. Hancock, Director McGinnis, Lockridge & Kilgore City of Austin Electric Utility Fifth Floor, Texas State P.O. Box 1086 Bank Building Austin, Texas 78767 900 Congress Avenue Austin, Texas 78701 G.W. Oprea, Jr. Executive Vice Preside.. Houston Lighting & Power Joseph Gallo, Esq. Company Robert H. Leoffler, Esq. P.O. Box 1700 David M. Stahl, Esq. Houston, Texas 77001 Isham, Lincoln & Beale 1050 17th Street, N.W.
- Susan B. Cyphert, Esq.
Suite 701
- Ronald Clark, Esq.
Washington, D.C. 20036 U.S. Department of Justice Antitrust Division P.O. Box 14141 }917 253 Washington, D. C. 20044
Michael I. Miller, Esq. Kevin B. Pratt, Esq. James A. Carney, Esq. Attorney General's Office Isham, Lincoln & Beale State of Texas One First National Plaza P.O. Box 12548 Suite 4200 Austin, Texas 78711 Chicago, Illinois 60603 Frederick H. Ritts, Esq. ' Don 3H. Davidson William H. Burchette, Esq.
- City Manager Northcutt Ely Watergate 600 Building
' City of Austin ! P.O. Box 1088 Washington, D.C. 20037 1
- . Austin,, Texas 78767
,\\ / W.S. Robson 1 General Manager \\ South Texas Electric ,^/h h Cooperative, Inc. s Route 6, Building 102 Joseph B. Knotts, Jr. Victoria Regional Airport G Victoria, Texas 77901 Robert C. McDiarmid, Esq. Robert Jablon, Esq. Marc Poirier, Esq. 2600 Virginia Avenue, N.W. Washington, D.C. 20037 W.N. Woolsey, Esq. Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 Donald M. Clements Gulf States Utilities Company Post Office Box 2951 Beaumont, Texas 77704 Marc J. Wetterhahn, Esq. Robert M. Rader, Esq. Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W. Washington, D.C. 20006 l'17 254}}