ML19294B088

Motion to Compel DOJ to Provide Further Answers to Interrogatory 1 of Fourth Set of Interrogatories.Subj Matter,Underlying Studies & Nature of C Stover Testimony Should Be Disclosed by 800305.Certificate of Svc Encl

ML19294B088
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	02/19/1980
From:	Green D HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002270108
Download: ML19294B088 (8)

Text

a 1-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

HOUSTON LIGHTING & POWER COMPANY ) Docket Nos. 50-498A et al. ) 50-499A

)

(South Texas Project, Units 1 )

and 2) )

)

)

TEXAS UTILITIES GENERATING COMPANY ) Docket Nos. 50-445A et al. ) 50-446A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

MOTION OF HOUSTON LIGHTING & POWER COMPANY TO COMPEL THE DEPARTMENT OF JUSTICE TO PROVIDE INTERROGATORY ANSWERS WITH RESPECT TO THE PROPOSED EXPERT TESTIMONY OF CARL STOVER Pursuant to 10 C.F.R. S2.740 (f) , Houston Lighting &

Power Company (" Houston") moves to compel further answers from the Department of Justice (" Department") with respect to Houston's Fourth Set of Interrogatories, Interrogatory No. 1. Specifically, Houston moves to compel the Department to identify the subject matters and documents upon which its prospective expert engineering witness, Mr. Carl Stover, will testify.

In a letter dated January 15, 1980, the Department indicated that it anticipates relying on expert engineering testimony of individuals "who have already been designated oron270 .a

'TO { h

as expert witnesses in these proceedings." 1! Houston sought identification of these witnesses in its Fourth Set of Interroga torie s and asked for identification of the subject matter of their testimony and the documents on which they would rely. The Department responded as follows:

The Department anticipates . . . 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 oroceedings. HL&P has or will have deposed all of these expert engineers by the close of discovery other than Carl Stover.

The Department will inform HL&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 [ emphasis added]." _2/

Thus, the only expert specifically identified by the Department was Mr. Carl Stover. The Department declined however to reveal the subject matter of his testimony and, evidently to cut-off inquiry into any facts related thereto, declined even to officially derignate him until after the period for factual discoverv has closed.

Houston has no objection to the Department's reliance on expert witnesses timely designated by other parties; this indeed seems the desirable approach for all of the parties where possible in the interest of economy. But for all of these

_1/ Letter of January 15, 1980 from Susan B. Cyphert to J. Gregory Copeland.

_2/ Department's response to Houston Interrogatory No. l(a)

(Fourth Set).

o ..

witnesses, answers to virtually identical Interrogatories have already been provided by the parties concerned.

However, that is not the situation with respect to Mr.

Stover. Contra y to the Department's assertion, Mr. Stover has never previously been identified as an expert witness by any party in this proceeding. The Department, instead, designated Mr. Stover as a fact witness on April 3, 1979.

Counsel far Houston travelled to Oklahoma City, Oklahoma on July 24, 1979 and took Mr. Stover'n deposition. At that deposition, it was agreed by counsel present that there would be no inauiry into expert opinion matters, because Mr. Stover had not been designated as an expert by any party. Counsel for the Department profferred no objection. (Stover Dep. at 29).

It is Houston's nosition that before counsel for Houston once again has to return to Oklahoma Citv and re-depose Mr.

Stover, this time on expert engineering matters, that the Department should be compelled to provide answers to Houston's expert witness interrogatories and disclose the subject matter, underlying studies, and nature of Mr. Stover's testimony.

For the foregoing reasons, Houston requests the Board to order the Department to provide answers to Houston's Fourth Set of Interrogatories, Interrogatory No. 1 and its sub-parts, no later than March 5, 1980.

a ,

_4_

Respectfully submitted,

.b {AWT k ~ 1s ri '

Douglas G. Green Attorney for liouston Lighting

& Power Company OF COUNSEL:

Baker & Botts 3000 One Shell Plaza llous ton , Texas 77002 Lowenstein, Newman, Reis Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036 Dated: February 19, 1980

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

HOUSTON LIGHTING & POWER COMPANY, ) Docket Nos. 50-498A et al. ) 50-499A

)

(South Texas Project, Units 1 )

and 2) )

)

)

TEXAS UTILITIES GENERATING COMPANY ) Docket Nos. 50-445A et al. ) 50-446A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing:

MOTION OF HOUSTON LIGHTING & POWER COMPANY TO COMPEL THE DEPARTMENT OF JUSTICE TO PROVIDE INTERROGATORY ANSWERS WITH RESPECT TO THE PROPOSED EXPERT TESTIMONY OF CARL STOVER were served upon the following persons, by hand *, or by deposit in the United States Mail, first class postage prepaid, this 19th day of February, 1980.

i ,

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Do la's G. Green

Marshall E. Miller, Esquire Roy P. Lessy, Jr., Esquire U.S. Nuclear Regulatory Commission Frederic D. Chanania, Esquire Washington, D.C. 20555 Michael B. Blume, Esquire Ann P. Hodgdon, Esquire Michael L. Glaser, Esquire U.S. Nuclear Regulatory Commission 1150 17th Street, N.W. Washington, D.C. 20555 washington, D.C. 20555 Roff Hardy Sheldon J. Wolfe, Esquire Chairman and Chief Executive U.S. Nuclear Regulatory Commission Officer Pashington, D.C. 20555 Central Power and Light Company Post Office Box 2121 Atomic Safety and Licensino Corous Christi, Texas 78403 Aopeal Board Panel U.S. Nuclear Regulatory Commission G.K. Soruce, General Manager Washington, D.C. 20555 City Public Service Board Post Office Box 1771 Chase R. Stephens, Supervisor (20) San Antonio, Texas 78203 Docketing and Service Branch U.S. Nuclear Regulatory Commission Mr. Perry G. Brittain Washington, D.C. 20555 President Texas Utilities Generating Company Mr. Jerome D. Saltzman 2001 Bryan Tower Chief, Antitrust and Indemnity Dallas, Texas 75201 Group U.S. Nuclear Regulatory Commission G.W. Oorea, Jr.

Washington, D.C. 20555 Executive Vice President Houston Lighting & Power Comoany J. Irion Forsham, Esquire post Office Box 1700 Merlyn D. Sampels, Esquire Houston, Texas 77001 Spencer C. Pelyca, Esquire Worsham, Forsyth & Sampels R.L. Hancock, Director 2001 Bryan Tower, Suite 2500 Citv of Austin Electric Utility Dallas, Texas 75201 Post Office Box 1086 Austin, Texas 78767 Jon C. Food, Escuire Matthews, Nowlin, Macfarlane Joscoh Gallo, Esquire

< Barrett Robert H. Loeffler, Esquire 15.0 Alamo National Buildin" Isham, Lincoln & Beale San Antonio, Texas 78205 1050 17th Street, N.W., Suite 701 Mashington, D.C. 20036 Charles G. Thrash, Jr., Esquire E.W. Barnett, Escuire Michael I. Miller, Esquire Theodore F. Weiss, Esquire James A. Carney, Esquire J. Gregory Copeland, Esquire Sarah Wellina, Esquire Baker & Ectts Isham, Lincoln & Beale 3000 One Shell Plaza One First National Dlaza Houston, Texas 77002 Suite 4200 Chicago, Illinois 60603 R. Gordon Gooch, Escuire Steven R. Hunsicker, Escuire David M. Stahl, Esquire Baker & Botts Isham, Lincoln & Beale 1701 Pennsylvania Avenue 1050 17th Street, N.W.

Washington, D.C. 20006 Suite 701 Washington, D.C. 20036 Martha E. Gibbs, Escuire Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60603

Don R. Butler, Esquire

• David A. Dopsovic, Esquire Sneed, Vine, Wilkerson, Selman Frederick H. Parmenter, Esquire

& Perry Susan B. Cyphert, Esquire Post Office Box 1409 Nancy A. Luque, Esquire Austin, Texas 78768 Energy Section Antitrust Division U.S. Department of Justice Mr. William C. Price P.O. Box 14141 Central Power & Light Comoany Washington, D.C. 20044 P.O. Box 2121 Corous Christi, Texas 78403 Morgan Hunter, Esquire Bill D. St. Clair, Esquire Mr. G. Holman King McGinnis, Lockridge & Kilgore West Texas Utilities Company Fifth Floor P.O. Box 841 Texas State Bank Building Abilene, Texas 79604 900 Congress Avenue Austin, Texas 78701 Jerry L. Harris, Escuire Richard C. Balough, Escuire W.S. Robson City of Austin General Manager P.O. Box 1088 South Texas Electric Cooperative, Inc.

Austin, Texas 78767 Route 6, Building 102 Victoria Regional Airport Joseph B. Knotts, Jr., Escuire Victoria, Texas 77901 Nicholas S. Pevnolds, Esquire Debevoise & Liberman Robert C. McDiarmid, Esquire 1200 17th Street, N . id . Robert A. Jablon, Esquire Washington, D.C. 20036 Marc R. Poirier, Esquire Spiegel & McDiarmid Don H. Davidson 2600 Virginia Avenue, N.W.

City Manager Washington, D.C. 20037 City of Austin P.O. Box 1088 Kevin B. Pratt Austin, Texas 78767 Texas Attorney General's Office P.O. Box 12548 Jav Galt, Esquire Austin, Texas 78711 Looney, Nichols, Johnson & Hays 219 Couch Drive William H. Burchette, Esquire Oklahoma City, Oklahoma 73102 Frederick H. Ritts, Esquire Law Offices of Northcutt Ely Knoland J. Plucknett Watergate 600 Building Executive Director Washington, D.C. 20036 Committee on Power for the South-west, Inc. Tom W. Gregg, Esquire 5541 East Skelly Drive P.O. Box Drawer 1032 Tulsa, Oklahoma 74135 San Angelo, Texas 76902 John H. Davidson, Escuire Leland F. Leatherman, Esquire Sawtell, Goode, Davidson & Tioili McMath, Leatherman & Woods, P.A.

1100 San Antonio Savings Duilding 711 West Third Street San Antonio, Texas 78205 Little Rock, Arkansas 72201 Douglas P. John, Esquire Paul W. Eaton, Jr., Esquire Akin, Gump, Hauer & Feld Hinkle, Cox, Eaton, Coffield & Hensley 1333 New Hamoshire Avenue, N.W. 600 Henkle Building Suite 400 P.O. Box 10 Washington, D.C. 20036 Roswell, New Mexico 88201

4 e Robert M. Rader, Esquire Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 W.N. Woolsey, Esquire Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower Corpus Christ, Texas 78474 Donald M. Clements, Esquire Gulf States Utilities Comoany P.O. Box 2951 Beaumont, Texas 77704 Dick Terrell Brown, Esquire 800 Milan Building San Antonio, Texas 78205 C. Dennis Ahearn, Esquire Debevoise & Liberman 1200 Seventeenth Street, N.W.

Washington, D.C. 20036