ML19269D998
| ML19269D998 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 05/07/1979 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7906210405 | |
| Download: ML19269D998 (2) | |
Text
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i tN HED STATES OF M ERICA ygI O IS79 >
NUCEAR REGULUCRY C0bt4ISS10ti d'
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PNC D%fENT ROOM 9
In the Matter of
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d HOUSI0ti LIGEING & POWER CTPANY, ET AL.
)
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Docket Nos. 50-498A (South Texas Project,
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50-499A Units 1 and 2)
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TEXAS LTfILITIES GENEPATING CO'fRE, ET AL. )
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Docket Nos. 50-445A (Ca:nnche Peak Steam Electric Station,
)
50-446A Units 1 and 2)
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Order Regarding Discoverv Motions 04ay 7,1979)
I.
The Staff filed a motion on April 19, 1979 asking the Board to reconsider four (4) areas of its Order of April 16, 1979, in connection with the Staff's motion to compel further answers by HLSP. The latter cocpany filed its response to the notion for reconsideration on Acril 30, 1979.
(1) The Staff asked that indexing be provided for documents previously unde avniinhle in response to Interrogatories 3, 5, 7 and 31. hE P has agreed to this request, so no ruling is required.
(2) The Staff seeks the production of studies prepared by nontesti-fying outside consultants. The Board bas 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.185).
However, a different rule obtains as to the studies or analyses of others 2266
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-. which a witness has used or will use in the preparaticn of his testimony or studied for cross-examination or other test -4a1 purposes. Such 4
studies or docu::ents should be produced, and IEIP has agreed to do so, subject to one exception. That exception relates to docments a corporate officer has reviewed in his capacity as an officer of a ecx::pany involved in litigation, but which he does not intend to rely upon in his testit:xxrf.
This exception is valid and will be sustaired.
(3) The Board adheres to its ruling protecting documents generated after the District Court trial and solelv in connection with settlenent negoHnHons, as necessary to encourage and protect settlecient negotiations.
(4) The Board adheres to its ruling that IHAP is not required to create transmission maps which it neither possesses nor generates in its normal cause of business. The cited requirements of transformi.ng cm:puterized data into printouts, or the translation of foreign language documents, are inapposite to the Staff's request.
It is so ordered.
RR TIE ATQEC SAFE 1Y AND LICENSING BOARD r,..,
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Marshall E. Miller, Chairman Dated at Bethesda, Maryland this 7th day of May 1979.
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