ML19270G718
| ML19270G718 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 05/14/1979 |
| From: | Blume M, Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7906190147 | |
| Download: ML19270G718 (10) | |
Text
PD R_
L/o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
-)
HOUSTON LIGHTING & POWER COMPANY
)
,NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO )
50-499A CITY OF AUSTIN
)
CENTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit Nos.
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
ANSWER OF NRC TO FIRST SET OF INTERR0GATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FROM TEXAS UTILITIES GENERATING COMPANY 1(a)
Identify each witness, other than an expert witness, whom the Staff expects to call or may call in these proceedings and provide a summary of all matters (including the substance of all facts) as to which each such witness is expected to or may testify; (b) Identify all dc:uments upon which each such witness is expected to or may rely in any way, and provide copies of any such document not already in possession of TUGC0.
1(a) See No.1(a) of " Response of the NRC Staff to the Second Set of Interroostories and Requests for Production of Documents from Houston Lighting & Power Company."
In addition to those listed in that response, Staf f her '.y adds the following:
J.L. Johns, General Manager Upshur-Rural Electric Cooperative 1200 West Tyler P.O. Box 70 Gilmer, Texas 75644 (214) 843-2536 As Staff has not received full responses to its discovery requests from neither TU nor HL&P, it is unabla at this tire to fully identif" all documents or evidence on which its witnesses may rely. This sace probicm, plus the unresolved question of whether the hearing will be consolidated in 2318
- 48 7906190/47,
part or in full as to South Texas and Comanche Peak makes Staff unable at this time to detail how or whether its witnesses' testimony will differ in the context of South Texas or Comanche Peak.
(b) See documents responsive to Houston's Interrogatory No. l(b)
["First Set"]. The Staff understands that a copy of these documents are now in TUGC0's possession.
In addition, other relevant documents are pro-vided as Appendix A, with references to witnesses who may rely on these specific documents. The Staff shall provide TUGC0 with further documents as the Staff's discovery efforts progress.
Also, see Staff's answer to No.1(a), supra.
2(a)
Identify each expert witness whom the Staff expects to or may call in these proceedings; (b) State (or produce) the educational and professional qualifications and credentials of each such expert witness; (c) State the subject matter on which the expert is expected to or m y testify; (d)
Provide a summary of the testimony which each such witness is expected to or may offer, including the substance of all facts and all opinions to which the expert is expected to or may testify; (e) State the grounds for each opinion each such expert witness expects to or may present in his/her testimony; (f)
Identify all documents prepared by, for, or under the super-vision of each such expert witness, or reviewed or relied upon in any way by such expert in the performance of his/her duties, formulation of his/her conclusions or opinions, or preparation of his/her testimony, including particularly work papers, status reports, preliminary outlines, and memoranda, and coaunicaticns netween sucr. exper; and the Sta ff, any party to the proceeding, or any person with knowledge in any way relied upon by such expert, and provide copies of any such document not already in the possession 2318.49
of TUGC0; (g)
Identify any person affiliated with a party to these proceedings, and each other person from whom information was obtained which is in any way relied upon or taken into account by such expert, with whom such expert has communicated; (h)
Provide a copy of any contracts, letter agreements, or other understandings between the prospective witness or his employer and the Staff which relate in any way to these proceedings; (i)
Identify all documents not produced in resporae to the foregoing which have been sent or given to the prospective witness or his or her employer or to which his/her/their attention has been directed which relate in any way to these proceedings, and provide copies of any such document not already in the possession of TUGCO.
2(a) See Staff's response to Houston's Interrogatory No. 2(a).
["Second Set"].
2(b) The resumes of Mr. Hartley and Dr. Lerner are attached as Appendices A and B to Staff's Response to Houston's Second Set of Interrogatories.
2(c),(d)
See Staff's responses to Houston's Second Set of Interrogatories Nos. 2(c) and (d).
2(f) See Staff's response to Houston's Second Set of Interrogatories No. 2(e).
Additional documents provided to Mr. Hartley and Dr. Lerner are attached in Appendix B.
2(g) None, other than those statements contained in documents referenced in subpart (f) of this response.
2(h) Copic- " ' r'
" 'nd understanding between the NRC Staff and its consultants include the work product of staff counsel, (e.g. scope of work) and are listed in Appendix C hereto. Moreover, the agreements may also contain confidential financial information.
2318 s50
2(i) See Appendix C hereto, which lists those documents for which privilege is cTaimed.
3(a)
Identify each expert or consultant who is performing or has per-formed work for the Staff in connection with this proceeding but who is not expected to testify; (b) Specify the scope of work performed or to be performed by each such expert or consultant.
3(a),(b) Staff's answer to this interrogatory is not required due
~
to the Board's ruling of March 20, 1979 in the course of the prehearing conference in the above-captioned proceedings. See transcript at 185.
4(a)
Identify every document or thing which the Staff expects to offer in evidence in these proceedings, other than the testimony of witnesses summarized in response to the preceding interrogatory; (b)
Produce or make available the documents or things identified in 4(a) to the extent not already in the possession of TUGCO.
4(a),(b) See response No. l(a) & (b), supra.
5.
In all cases in which the Staff is bound or otherwise undertakes to notify HL&P of additions, deletions, or changes in responses, or identifies or produces additional documents, also notify or produce to TUGCO.
5.
Staff will supply TU with any such supplemental or additional responses and materials, and advise it of any changes to previous responses.
2318 351
, 6.
Provide a copy to TUGC0 of each document provided or to be provided to HL&P in response to its second rodnd of requests.
Group and identify the documents by request.
6.
See 5, above.
7.
With respect to Item I(a) in your response to HL&P's Second Set of Interrogatories and Requests for Documents, for each individual listed further detail is required.
Please state the substance of each fact to which the witness is expected to testify, and state whether each fact re-lates to Comanche Peak or South Texas or both.
7.
See Staff's answer to 1(a), supra. The Staff is not able to provide further detail until its discovery efforts progress further. The Staff has provided the information now available to it.
8.
With respect to Dr. Caroline Smith and Carl Stover, listed in your response to 1(a), provide curricula vitae; (b) state whether these pros-pective witnesses, identified in your response as expected to be non-expert witnesses, may be proferred as e< pert witnesses, and (c) if so, please answer interrogatory and document request No. 2 with respect to these individuals.
8(a) Staff possesses no curricula. vitae for either Dr. Smith or Mr. Stover.
(b),(c) No.
2318 352
9.
With respect to (i) Robert H. Hartley, (ii) florman C. Lerner (both listed in your response to Item 2(a).of HL&P's Second Set), cad (iii) any additional individuals listed in response to Item 2(a) above, (a) list each judicial or administrative proceeding since January 1, 1970 in which each individual has been proferred as an expert witness, (b) as to each such proceeding, indicate whether he or she was accepted as an expert witness. (c) list his or her publications.
(d) provide a copy of his or her testimony as an expert witness in any judicial or adminis-trative proceedings since January 1,1970.
9.
The lists of proceedings and copies of testimony have been re-quested and will be provided to TU upon receipt.
The Staff expects such materials shortly.
Respectfully submitted, Roy P.
fr..
Counsel for f(RC Staff h
flichael B. Slurr.e Counsel for flRC Staff Dated at Bethesda, Maryland this 14th day of May 1979.
2318
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APPENDIX C The Communication Topic Privilege April 3,1979 Memorandum from Testimony of R.H.
Attorney Client /
W.Zelinsky tn M.Blume Hartley
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Work Product April 28,1979 Memorandum from Tebtimony of R.H.
Attorney Client /
W.Zelinsky to M.Blume Hartidy Work Product February 27, 1979 letter from Preparation for NRC Work Product M.Blume to N.Lerner testimony January 26, 1979 Memorandum Comments on Power Attorney Client /
from W.Zelinsky to M.Blume Requirements Study Work Product January 22, 1979 Memorandum Tex-La Cooperative Work Product from M.Blume to personal file March 21,1979 letter from Preparation for NRC Work Product N.Lerner to M.Blume testimony April 12, 1979 Memorandum Notes and Comments on Work Product from M.Blume to R.Lessy, Upshur-P, ural Elec.
J.Rutberg Coop.
February 9, 1979 Memorandum Preparation of N.Lerner Attorney Client /
from W.Lambe to R.Lessy for NRC testimony Work Product January 8,1979 Memorandum Preparation of N.Lerner Attorney Client /
from W.Lambe to R.Lessy for NRC testimony Work Product January 4,1979 letter from Preparation for NRC Work Product N.Lerner to W.Lambe testimony January 18, 1979 letter from Preparation for NRC Work Product M.Blume to N.Lerner testimony
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February 15, 1979 Contract Expert Engineering Work Product
(& extension) between NRC and testimony for South R.W. Beck & Associates, Inc.
Texas / Comanche Peak proceedings February 23, 1979 Contract Expert Economic Work Product between NRC and Transcomm, Inc.
testimony for South Texas proceeding 2318 354
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of.
)')
HOUSTON LIGHTING & POWER COMPANY
)'
NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO
)
50-499A CITY OF AUSTIN
)
CENTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit Nos.
)
1 and 2)
TEXAS UTILITIES GENERATING
)
NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche FeaE Steam Electric
)
Station, Units 1 anU 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of ANSWER OF NRC TO FIRST SET OF INTERR0GA-TORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FROM TEXAS UTILITIES GENERATING COMPANY in the above-captioned proceeding have been served on the following by deposit ir: the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of May 1979.
Marshall E. Miller, Esq., Chairman Donald A. Kaplan, Esq.
Atomic Safety and Licensing Board John D. Whitler, Esq.
Panel Ronald H. Clark, Esq.
U.S. Nuclear Regulatory Commission Judith L. Harris Washington, D.C.
20555
- P.O. Box 14141 Washington, D.C.
20044 Michael L. Glaser, Esq.
1150 Seventeenth Street, N.W.
Roff Hardy Washington, D.C.
20036 Chairman and Chief Executive Officer Sheldon J. Wolfe, Esq.
Central Power & Light Company Atomic Safety and Licensing Board Corpus Christi, Texas 78403 Panel U.S. Nuclear Regulatory Commission R. L. Hancock, Director Washington, D.C.
20555
- City of Austin Electric Utility P.O. Box 1088 Atomic Safety and Licensing Board Austin, Texas 78767 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- G. W. Oprea, Jr.
Executive Vice President Docketing and Service Section Houston Lighting & Power Company Office of the Secretary P.O. Box 1700
-,m r;
4 g.,
g,g Washingtxa, C.v.
_Z 2318 355
. Robert E. Bathen Robert Lowenstein, Esq.
R. W. Beck & Associates J. A. Bouknight, Esq.
P.O. Box 6817 William J. Franklin, Esq.
Orlando, Florida 32803 Peter G. Flynn, Esq.
J. K. Spruce, General Manager
' ', Lowenstein, Newman, Reis, Axelrad
.& Toll City Public Service Board 1025 Connecticut Avenue, N.W.
P.O. Box 1771 Washington, D.C.
20036 San Antonio, Texas 78203 Jerome Saltzman, Chief Robert C. McDiarmid, Esq.
Antitrust & Indemnity Group Robert A. Jablon, Esq.
U.S. Nuclear Regulatory Commission David A. Giacalone, Esq.
Washington, D.C.
20555
- Marc R. Poirier, Esq.
Spiegel & McDiarmid Jerry L. Harris 2600 Virginia Avenue, N.W.
Richard C. Balough Washington, D.C.
20037 Dan H. Davidson, City Manager City of Austin Jon C. Wood, Esq.
P.O. Box 1088 W. Roger Wilson, Esq.
Austin, Texas 78767 Matthews, Howlin, Macfarlane
& Barrett Jay Galt, Esq.
1600 Alamo National Building Jack P. Fite, Esq.
San Antonio, Texas 78205 Looney, Nichols, Johnson & Hayes 219 Couch Drive R. Gordon Gooch, Esq.
Oklahoma City, Oklahoma 73102 John P. Mathis, Esq.
Baker & Botts M. D. Sampels, Esq.
1701 Pennsylvania Avenue, N.W.
Jos. Irion Worsham, Esq.
Washington, D.C.
20006 Spencer C. Relyea, Esq.
2500 - 2001 Bryan Tower Joseph Gallo, Esq.
Dallas, Texas 75201 Robert H. Loeffler, Esq.
Richard D. Cudahy, Esq.
Morgan Hunter, Esq.
Isham, Lincoln & Beale McGinnis, Lochridge & Kilgore Suite 701 Fifth Floor, Texas State Bank 105017th Street, N.W.
Building Washington, D.C.
20036 900 Congress Avenue Austin, Texas 78701 J. Gregory Copeland, Esq.
Charles G. Thrash, Jr., Esq.
Joseph B. Knotts, Esq.
E. William Barnett, Esq.
Nicholas S. Reynolds, Esq.
Melbert D. Schwarz, Esq.
Debevoise & Liberman Theodore F. Weiss, Esq.
1200 Seventeenth Street, N.W.
Baker & Botts Washington, D.C.
20036 3000 One Shell Plaza Houston, Texas 77002 2318 356
. Douglas F. John, Esq.
James E. Monahan Akin, Gump, Hauer & Feld Executive Vice President 1333 New Hampshire Avenue, N.W.
and General Manager Suite 400
.i Brazos Electric Power Cooperative, Inc Washington, D.C.
20036 P.O. Box 6296 Waco, Texas 76706 Don R. Butler, Esq.
Sneed, Vine, Wilkerson, Sleman
& Perry P.O. Box 1409 Austin, Texas 78767 Kevin B. Pratt Attorney General's Office State of Texas P.O. Box 12548 Austin, Texas 78711 Frederick H. Ritts, Esq.
William H. Burchette, Esq.
Law Offices of Northcutt Ely Watergate 600 Building Washington, D.C.
20037 John W. Davidson, Esq.
Sawtelle, Goode, Davidson & Troilo 1100 San Antonio Savings Building San Antonio, Texas 78205 Richard E. Powell, Esq.
David M. Stahl, Esq.
Thomas G. Ryan, Esq.
Michael I. Miller, Esq.
Martha E. Gibbs f
f Isham, Lincoln & Beale
/, g /
One First National Plaza Roy P/. lessy, Jr 4 Sui tes 4200, 4300 Counsel for NRC Staff Chicago, Illinois 60603 Somervell County Public Library P.O. Box 417 Glen Rose, Texas 76043 2318 357 Maynard Human, General Manager Western Farmers Electric Cooperative P.O. Box 429 Anadarko, Oklahoma 73005
.