ML19274E970

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Discovery Status Rept for Apr 1979.NRC Filed Answer in Opposition to Motion of Houston Lighting & Power Co to Compel Production of Privileged Documents
ML19274E970
Person / Time
Site: Comanche Peak, South Texas  
Issue date: 05/03/1979
From: Lessy R
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Glaser M, Mark Miller, Wolfe S
AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel
References
NUDOCS 7906070034
Download: ML19274E970 (2)


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May 3,1979 Marshall E. Miller, Esq., Chairman Sheldon J. Wol fe, Esq.

Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Michael L. Glaser, Esq.

1150 Seventeenth Street, N.W.

Washington, D.C.

20036

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Re:

Houston Lighting & Power Company, South Texas Project, Unit Nos. I and 2, NRC Docket Nos. 50-498A &

50-499A

~f Texas Utilities Generating Company, Comanche Peak Steam Electric Station, Units 1 and 2, NRC Docket Nos. 50-445A and 50-446A Gentlemen:

The NRC Staff herein submits its discovery status report for the month of April 1979. During April, the Board issued rulings on the motions to compel discovery filed by the Staff against both Houston Lighting &

Power Company and Texas Utilities Generating Company, et al.

The Staff also moved for reconsideration of four points raised in HL&P's April 13th response to the Staff's motion to compel. HL&P has nov filed an answer to that motion.

It is our understanding that both HL&P and TV, in accordance with the Board's orders, are preparing to provide the Sta ff with discovery materials and information, as originally requested by the Staff, in addition to those materials that were previously produced in the district court proceeding.

HL&P has tendered to the Staff the privilege list it utilized in the district court proceeding which the Staff is returning to it to be updated and supplemented in accordance with the Sta ff's original request.

Counsel for HL&P has indicated its willingness to so modify this document. Never-theless, as of May 1, the Staff has not yet secured from either party:

1.

Fully responsive interrogatories; 2.

Any documents other than the District Court materials (with minor exceptions);

3.

A current privilege list.

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Moreover, the Staff would be disinclined to conduct depositions of appropriate HL&P or TU officials until much of the above information i

is secured.

I The i~ncluctable result of this process, notwithstanding good faith efforts, is that the discovery schedule may well have to be modi fied.

The Staff has informally discussed this possibility with counsel for both utilities.

On the same subject (" schedules"), the Staff wishes to inform the Board that with respect to the Comanche Peak Steam Electric Station Unit 1, Applicants are now forecasting a March 1981 fuel-loading date rather than the August 1980 date that was previously projected. We i

will endeavor to keep the Board advised of any future developments.

Finally, during this past month, the Staff filed the " Answer Of The NRC Staff In Opposition To The Motion Of Houston...To Compel Production Of Privileged Documents."

Respectfully submitted, Roy P. Lessy, Jr.

Counsel for NRC Staff e

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