ML19289D134

Rept on Progress of Discovery During Jan 1979 Pursuant to ASLB 780621 Order.Informs of Primary Process of Reviewing Matl Received.Certificate of Svc Encl

ML19289D134
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	01/30/1979
From:	Clark R, Harris J, Parmenter F JUSTICE, DEPT. OF
To:
References
NUDOCS 7902230045
Download: ML19289D134 (7)

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• F-UNITED STATES OF AMERICA

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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

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

and 2) )

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REPORT OF THE DEPARTMENT OF JUSTICE - Januarv, 1979 Pursuant to the order da 3d June 21, 1978, issued by the Atomic Safety and Licensing Board (" Board"), the Department of Justice (" Department") submits this report on the progress made by the Department in completing discovery during the month of January, 1979.

As indicated in the Department's progress report for the month of December, the Department requested in October that counsel for Texas Utilities Generating Co. ("TUGCO")

furnish a list of documents claimed to be privileged.

Af ter considerable delay, the Department received that list on January 2, 1979. The Department is presently reviewing the list to determine whether it will contest any of the assertions of privilege contained therein.

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On January 4, 1979, the City of Austin (" Austin"), on behalf of itself and the City of San Antonio (" San Antonio")

moved the Board for an extension of time, until January 15, 1979, in which to respond to the FIRST SET OF INTERROG-ATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROH DEPARTMENT OF JUSTICE TO THE CITIES OF AUSTIN AND SAN ANTONIO, mailed November 30, 1978.

Then, on January 3, 1979, San Antonio served by mail its written RESPONSE OF THE CITY OF SAN ANTONIO TO FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS. On January 6, 1979, San Antonio mailed the majority of its documents -responsive to the Department's first set of interrogatories and requests for document production and on January 8, 1979, mailed additional responsive documents.

On January 11, 1979, Houston Lighting & Power Co.

("HL&P") served by mail its OBJECTIONS AND ANSWERS TO THE DEPARTMENT OF JUSTICE'S FIRST SET OF WRITTEN INTERROGATORIES 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 CBJECTIONS AND MOTION FOR A PROTECTIVE ORDER REGARDING DISCOVERY REQUEST FROM THE DEPARTMENT OF JUSTICE.

TUGCO filed on January 12,-1979, 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 INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS.

On January 12, 1979, Austin served by mail its RESPONSE OF THE CITY OF AUSTIN TO THE DEPARTMENT O.F JUSTICE'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION.

During the Department's preparation of its response

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to the objections and motions for protective orders filed by HL&P and TUGCO, and while it was determining whether motions to compel production should be filed against HL&P, TUGCO and/or Austin, it became necessary for the Depart-ment's lead counsel in these proceedings, Ms. Judith L. .

Harris, to fly to Minnesota due to the serious illness of a member of her family. Ms. Harris' unexpected absence caused the Department to file on January 25, 1979, by mail, a motion entitled DEPARTMENT OF JUSTICE MOTION FOR EXTENSION OF TIME. That motion requested that the Department's time period for response be extended to February 6, 1979. Counsel for HL&P, TUGCO, and Austin

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authorized the Department to state in the motion that HL&P, TUGCO and Austin had no objection to the Board's granting the requested extension of time.

Throughout the entire month of January, the De-partment continued its process of reviewing discovery materials received.

Respectfully submitted, kdt/M Judith L. Harris Ronald H. Clark Frederick H. Parmenter Attorneys, Energy Section Antitrust Division U.S. Department of Justice Washington, D.C. 20530 January 30, 1979

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-(99A Project, Units 1 and 2) )

)

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanche Peak Steam )

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50-446A Electric Station, Units 1 )

and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that service of the foregoing REPORT OF THE DEPARTMENT OF JUSTICE - January, 1979, has been made on the following parties listed hereto this 30th day of January, 1979, by depositing copies thereof in the United States mail, first class, postage prepaid.

Marshall E. Miller, Esquire Atomic Safety and Licensing Chairman Appeal Board Panel Atomic Safety & Licensing Board U.S. Nuclear Regulatory Panel Commission U.S. Nuclear Regulatory Washington, D. C. 20555 Commission Washington, D. C. 20555 Richard S. Salzman, Esquire U.S. Nuclear Regulatory Michael L. Glaser, Esquire Commission 1150 17th Street, N.W. Washington, D. C. 20555 Washington, D. C. 20036 Jerome E. Sharfman, Esquire Sheldon J. Wolfe, Esquire U.S. Nuclear Regulatory Atomic Safety & Licensing Board Commission Panel Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Chase R. Stephens, Secretary Washington, D. C. 20555 Docketing and Service Branch U.S. Nuclear Regulatory Samuel J. Chilk, Secretary Commirsion Office of the Secretary of the Washington, D. C. 20555 Commission U.S. Nuclear Regulatory Jerome Saltzman Commission Chief, Antitrust and Washington, D. C. 20555 Indemnity Group 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. Lessy, Esquire City Public Service Board Michael Blume, Esquire P.O. Box 1771 U.S. Nuclear Regulatory San Antonio, Texas 78203 Commission Washington, 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 78767 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 Manager P. O. Box 1700 City of Austin Houston, Texas 77001 P. O. Box 1088 .

Austin, Texas 7876/

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, Esquire Merlyn D. Sampels, Esquire Joseph Gallo, Esquire Spencer C. Relyea, Esquire Richard D. Cudahy, Esquire Worsham, Forsythe & Sampels Robert H. Loeffler, Esquire 20C Bryan Tower, Suite 2500 Isham, Lincoln & Beale Dallas, Texas 75201 Suite 701 _

1050 17th Street, N.W. Joseph Knotts, Esquire Wash ing ton , 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, Esgaire '

Akin, Gump, Hauer & Feld John P. Mathis, Esquire 1100 Madison Office Building Baker & Botts 1155 15th Street, 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. Bouknight, Esquire 5th Floor', Texas State Bank William J. Franklin, Esquire Building 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. B a r n e t,t , 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 Frede.ick 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 /

Cooperative, Inc. p /"

Route 6, Building 102 Judith L. Harris , Attorney Victoria Regional Airport Energy Section Victoria, Texas 77901 Antitrust Division Department of Justice

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