ML19290E542
| ML19290E542 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/03/1980 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 8003140186 | |
| Download: ML19290E542 (3) | |
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![t UNITED STATES OF AMERICA g
NUCLEAR REGULATORY COMMISSION
- i 13AR 41980 P Oitice d D3[hI',
THE ATOMIC SAFETY AND LICENSING BOARD V
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Marshall E. Miller, Esquire, Chairman 4
Michael L. Glaser, Esquire, Member y
Sheldon J. Wolfe, Esquire, Member In the Matter of
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HOUSTON LIGHTING & POWER COMPANY, et al.
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Docket Nos. 50-498A (South Texas Proj ect,
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50-499A Units 1 and 2)
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TEXAS UTILITIES GENERATING COMPANY, et al. )
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Docket Nos. 50-445A (Comanche Peak Steam Electric,
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50-446A Units 1 and 2)
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ORDER SETTING ORAL ARGUMENTS ON JOINT MOTION OF STAFF AND JUSTICE TO COMPEL PRODUCTION AND TESTIMONY ON CERTAIN DOCUMENTS ; JOINT APPLICATION FOR SUBPOENAS AND TIME EXTENSIONS OF EXPERT TESTIMONY; AND MOTION OF JUSTICE TO COMPEL SUPPLEMENTAL RESPONSES TO INTERROGATORIES (March 3, 1980)
On February 28, 1980, a Joint Motion was filed by the Department of Justice (Justice) and the NRC Staff seeking a modification of the Board's prior orders regarding the protection of settlement discus-sions, and to compel the production of certain documents and testimony.
These matters essentially involve the so-called " settlement privilege",
and its applicability to factual evaluations or studies concerning the technical feasibility and cost of certain electrical interconnec-tions.
Such information allegedly bears upon the business justifica-tion of conduct of some of the parties to this proceeding.
These movantsaskedtheBoardtoaccelerateresponses{totheJointMotion to March 3, and to participate in a conference t elephone call on March 4, 1980.
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. Houston Lighting and Power Company (HL&P), filed a preliminary reply on February 29, 1980, agreeing in principle to an accelerated briefing schedule but suggesting that the proposed time was too short.
HL&P requested that responses be required by March 7, and a conference call on March 10, 1980.
On March 3,1980,, Texas Utilities Generatf.ng Company (TUGCO) filed its opposition to the Joint Motion.
TUGC0 asked the Board either to deny the motion as improper, or to grant the parties an opportunity for oral argument.
The Board has determined that the questions presented by the various motions are too fundamental and complex to be satisfactorily resolved by a telephone conference call.
Accordingly, all interested parties are directed to hand-deliver all written responses and other papers to the Beard by Thursday, March 6, 1980.
Oral argument will be heard at 9:30 a.m., Friday, March 7, 1980, at 4350 East-West Highway, 5th Floor, Bethesda, Maryland.
Following oral argument on the Joint Motion, the Board will also take up all pending motions, including the Joint Application of Justice and the Staff for the issuance of subpoenas and limited extension of time for completion of expert testimony (filed 2/28/80),
and Justice's motions to compel supplements to responses to its first set of interrogatories and requests for production of documents to TUGO and HL&P (filed 2/28/80).
It is so ordered.
FOR THE ATOMIC SAFETY AND LICENSING BOARD SI t
Mdr~shall E. Miller, Chairman Dated at Bethesda, Maryland this 3rd day of March 1980.
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