ML19290D527
| ML19290D527 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 02/04/1980 |
| From: | Cyphert S JUSTICE, DEPT. OF |
| To: | HOUSTON LIGHTING & POWER CO. |
| References | |
| NUDOCS 8002220119 | |
| Download: ML19290D527 (8) | |
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7 UNITED STATES OF AMERICA j
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A NUCLEAR REGULATORY COMMISSION g
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Before the Atomic Safety and Licensing Board
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!!OUSTON LIGHTING & POWER
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CO!!PANY, et al. (South
)
Docket Nos. 50-498A Texas Project, Units 1
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50-499A and 2)
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TEXAS UTILITIES GENERATING
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COMPANY, et al. (Comanche
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Docket Nos. 50-445A Peak Steam Electric
)
50-446A Station, Units 1 and 2)
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RESPONSE OF DEPARTMENT OF JUSTICE TO FOURTH SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COMPANY TO ANTITRUST DIVISION, U.S. DEPT. OF JUSTICE The Department of Justic' Department") hereby submits its Response to Interrogatories propounded by Ho,uston Lighting
& Power Company ("HL&P"). 1/
The answers and information provided herein are complete to the Department's information and belief as of February 4, 1980.
The Department, however,,
reserves its right pursuant to Section 2.740(e) of the Nuclear Regulatory Commission's Rules of Practice to supplement or amend these Responses prior to trial to include any additional information which may become available.
1/ Fourth Set of Interrogatories and Requests for Production of Documents f rom Houston Lighting & Power Company to Antitrust Division, U.S. Dept. of Justice, filed on January 21, 1980.
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- IIL&P Interrogatory 1(a) f 4
1.
With respect to the statement contained in the January 15, l
1980 letter from Susan Braden Cyphert, counsel for the Department l
of Justice, to J. Gregory Copeland, counsel for llouston Lighting
(
& Power Company (Attachment A to these interrogatories) that:
i i
The Department does, however, anticipate ptoviding engineering testimony through individuals who have already been designated an expert witnesses in these proceedings.
(a)
Identify each expert witness who the Division expects to rely upon or utilize as a provider of engineering testimony in this proceeding.
Depar tment's Response to IIL&P Interrogatory 1(a) l The Department has not presently determined that it will rely on any specific expert engineering witness to provide engineering testimony at trial.
The Department anticipates, however, that it may choose to adopt part or all of the anticipated testimony of the expert engineering witnesses, who have already been designated by the other parties to these proceedings.
IIL&P has or will have deposed all of these expert engineers by the close of disc _1ery other than Carl Stover.
The Department will inform flL&P prior to March 1, 1980, if it will rely on Mr. Stover to provide expert testimony so that he may be deposed during the expert deposition period in March. 1/
1/ Carl Stover was already deposed by IIL&P on July 24, 1979, an a potential fact witness to these proceedings.
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HL&P Interrogatory 1(b) f, I l State (i) any understandings between the Division and each 9
such expert witness, and (ii) the substance of any communication y
between the Division and any other person, which partially or M
completely provides the basis for the Division's anticipation l
that it can provide engineering testimony through each such o
expert witness.
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s Department's Response to HL&P Interrogatory 1(b) j The Department has no understandings with any designated i
expert engineering witness to these proceedings regarding their i
proposed testimony.
The basis for the Department's belief that it may choose to adopt part or all of the anticipated testimony of
]
!1 these experts is their deposition testimony, of which HL&P has knowledge.
I HL&P Interrogatory 1(c)
Provide a summary of the testimony which each such expert witness is expected to offer on behalf of the Division.
Department's Response to HL&P Interrogatory 1(c) s The Department's knowledge of the testimony of the designated engineering witnesses in these proceedings is the deposition transcripts and documents produced by counsel for these experts during discovery in these proceedings.
HL&P Interrogatory 1(d)
State the basis for each conclusion or opinion each such oxpert witness expects to present or draw in his/her testimony on behalf of the Division.
Dppartment's Response to HL&P Interrogatory 1(d)
Refer to Department's Response to HL&P Interrogatory 1(c) herein.
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!!L&P Interrogatory 1(e) l Identify all documents prepared by, for, or under the supervision of each such expert witness, or reviewed or relied I
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 tstimony, including particularly work papers, status reports, preliminary outlines and memoranda, drafts of testimony, and communications between such expert and the Division, 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 of Ilou s ton.
Department's Response to 11L&P Interrogatory 1(e)
Refer to Department's Response to IIL&P Interrogatory 1(c) herein.
IIL&P Interrogatory 1(f)
Identify each such party to the proceeding and any person with knowledge in any way relied upon by such expert with whom such expert has communicated.
Department's Response to IIL&P Interrogatory 1(f) s The Department does not know with whom the designated export witnesses in these proceedings have communicated or the basis for their reliance, if any, on such communications other than what has been discovered by llL&P in the deposition testimony and documents produced durinc discovery in these proceedings.
Based on the information presently in the Department's possession, the supplemental information provided herein is, to the best of the Department's present belief and knowledge, true and correct.
Respectfully submitted,
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'f Mh5h Susan Braden Cyphert Washington, D.
C.
Attorney, Energy Section February 4, 1980 Antitrust Division U.S.
Department of Justice Telephone:
(202-724-6667)
Subscribed and sworn to before me, a notary public, this 1st day of February 1980.
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Notary PubOc My Commission expires January 1, 1981.
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1 UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COPIMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
!!OUSTON LIGilTING AND POWER )
Docket Nos. 50-498A CO., et al.(South Texas
)
50-499A Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak
)
50-446A Steam Electric Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Response of Department of Justico to Fourth Set of Interrogatories and Requests for Production of Documents from flouston Lighting &
Power Company to Antitrust Division, U.S. Dept. of Justice has been made on the following parties listed hereto this 4th day of February, 1980, by depositing copies thereof in the United States mail, first class, postage prepaid.
Marshall E. Miller, Esquire Alan S. Rosenthal, Esquire Chairman Chairman Atomic Safoty & Licensing Board Michael C.
Farrar, Esquire Panel Thomas S. Moore, Esquire U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D.
C.
20555 U.S. Nuclear Regulatory Commission Michael L. Glaser, Esquire Washington, D.
C.
20555 s
1150 17th Street, N.W.
Washington, D.
C.
20036 Jerome E.
Sharfman, Esquire U.S. Nuclear Regulatory Sheldon J. Wolfe, Esquire Commission Atomic Safety & Licensing Board Washington, D.
C.
20555 Panel U.S. Nuclear Regulatory Chase R.
Stephens, Secretary Commission Docketing and Service Branch Washington, D.
C.
20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D.
C.
20555 Office of the Secretary of the Jerome iltzman Commission U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.
C.
20555 U.S. Nuclear Regulatory Commission Washington, D.
C.
205i5
Mr. William C. Pric9 Roy P. Lessy, Esquire Central Power & Ligh t Co.
Michael Blume, Esquire P. O.
Box 2121 U.S. Nuclear Regulatory Corpus Christi, Texas 78403 Commission Washington, D.
C.
20555 G.K. Spruce, General flanager City Public Service Board Jerry L. Harris, Esquire e.O.
Box 1771 City Attorney, San Antonio, Texas 78203 Richard C.
Balough, Esquire Assistant City Attorney Perry G.
Brittain City of Austin President P.O. Box 1088 Texas Utilities Generating Austin, Texas 78767 Company 2001 Bryan Tower Robert C. McDiarmid, Esquire Dallas, Texas 75201 Robert A. Jablon, Esquire Spiegel and McDiarmid R.L.
Hancock, Director 2600 Virginia Avenue, N.W.
City of Austin Electric Washington, D.
C.
20036 Utility Department P.
O.
Box 1088 Dan H. Davidson Austin, Texas 78767 City Manager City of Austin G.
W. Oprea, Jr.
P. O.
Box 1088 Executive Vice Presiden; Austin, Texas 78767 Houston Lighting & Pow e.-
Company Don R.
Butler, Esquire P. O. Box 1700 1225 Southwest Tower Houston, Texas 77001 Austin, Texas 78701 Jon C. Wood, Esquire Joseph Irion Horsham, Esquire W.
Roger Wilson, Esquiro Merlyn D. Sampel3, Esquire Matthews, Nowlin, Macfarlane Spencer C.
Relyea, Esquire
& Barrett Worsham, Forsythe & Sampels 1500 Alamo National Building 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201 David M.
Stahl, Esquire Joseph Knotts, Esquire Isham, Lincoln & Beale Nicholas S.
Reynolds, Esquire Suite 701 Debevoise & Liberman 1050 17th Street, N.W.
1200 17th Street, N.W.
Washington, D.
C.
20036 Washington, D.
C.
20036 Michael I. Miller, Esquire Douglas F. John, Esquire James A.
Carney, Esquire Akin, Gump, Hauer & Feld Sarah N.
Welling, Esquire 1333 New Hampshire Avenue, N.h.
Isham, Lincoln & Beale Suite 400 4200 One First National Plaza Washington, D.
C.
20036 Chicago, Illinois 60603
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, Axelrad & Toll 900 Congress Avenue Austin, Texas 78701 1025 Connecticut Avenue, N.U.
Washington, D.
C.
20036 Jay M. Gelt, Esquire E.
W.
Barnett, "~ quire Looney, Nichols, Johnson Charles G. Thrash, Jr., Esquire
& Hayes 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 Frederick H.
Ritts, Esquire 1100 San Antonio Savings Law Offices of Northcutt Ely Building Watergate 600 Building San Antonio, Texas 70205 Washington, D.C.
20037 W.
S.
Robson Donald M.
Clements, Esq.
General Manager Gulf States Utilities Company South Texas Electric P.O. Box 2951 Cooperativo, Inc.
Beaumont,. Texas 77704 Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co.
s P. O. Box 841 Robert M.
Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave., N.W.
W.
N. Woolsey, Esquire hashington, D.C.
20006 Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Steven R.
Hunsicker
/
0 Pn 1 ania Avenue, N.W.
Washington, D.
C.
20006
/ Susan B.
Cyphert, Attorney Energy Section Antitrust Division Department of Justice