ML19294C083

Objection to Public Util Board of City of Brownsville,Tx Second Set of Interrogatories & Request for Production of Documents.Urges Issuance of Protective Order or Relief from Specifications 1(a) & (B) & 4-5.W/Certificate of Svc

ML19294C083
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	02/22/1980
From:	Stahl D CENTRAL & SOUTH WEST CORP., ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003060656
Download: ML19294C083 (8)

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UNITED STATES OF AMERICA 4 ~b NUCLEAR REGULATORY COMMISSION yh '

L d B3 FORE THE ATOMIC SAFETY AND LICENSING BOARD 03 Cn In the Matter of: S S

HOUSTON LIGHTING & POWER S NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN S 50-499A ANTONIO, THE CITY OF AUSTIN,5 and CENTRAL POWER AND LIGHT S COMPANY S (South Texas Project, Unit S Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S NRC DOCKET NOS. 50-445A COMPANY, ET AL. S 50-446A (Comanche Peak Steam S Electric Station, S Unit Nos. 1 and 2) S OBJECTION BY CENTRAL AND SOUTH WEST CORPORATION, et al.

TO THE SECOND SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS BY THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS AND MOTION FOR PROTECTIVE ORDER Central and South West Corporation ("CSW") and its subsidiaries ("Movants") hereby object to the Second Set of Interrogatories and Requests for Production of Documents addressed to them by the Public Utilities Board of the City of Brownsville, Texas (" PUB") ("Second Set") and move, pur-suant to Section 2.740 cf the Commissions's Rules of Prac-tice, for a Protective Order relieving them from responding to the Second Set. In support of these objections and motion, Movants allege:

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1. The Second Set was filed and served on Movants on February 20, 1980. Under the Commission's Rules of Prac-tice, documents requested would not have to be produced until March 21, 1980, beyond the date by which this Board has ruled all factual discovery must be completed. Such additional extension of the discovery period for new dis-covery requests is unjustifiable and should not be pcrmitted.

2. The PUB has previously requested CSW to produce certain documents in its possession relating to certain aspects of the relationship between sne PUB and Central Power and Light Company, a CSW subsidiary. Earlier this month, the PUB requested that CSU once again re-examine its files to ensure that no additional documents responsive to its earlier requests were not produced. CSW is currently in the process of researching its files to ensure whether or not any additional such documents do exist. In fact, on February 21, 1980, counsel for CSW advised counsel for the PUB that certain additional documents had been located in CSW's storage repository and that those documents would be made available to counsel for PUB in Washington, D.C. on February 22, 1980. The search for any additional such documents continues. To the extent that the Second Set is no more than an additional effort by the PUB to obtain those documents which were requested previously by the PUB, no justification exists for requiring compliance therewith since counsel for CSW has already committed to providing those additional documents.

3. Individual interrogatories and document requests contained in the Second Set are also objectionable. For example, Specifications 1(a) and 1(b) request CSW to produce all documents contained in a file in which any one of a number of specific documents attached to the Second Set may be located. This request is made v mrdless of whether or not all the documents in that file may be relevant to any of the issues in this proceeding. Such a broad request, phrased without any regard to a specific subject matter, is simply a fishing expedition arid an abuse of the discov-ery process. Likewise, Specifications 4 and 5 request the production of all files containing documents referring to the City of Brownsville or to the Public Utilities Board of the City of Brownsville and all files containing docu-ments referring to the City of San Antonio or the City Public Service Board of the City of San Antonio, respect-ively. Again, these items request entire files without any attempt to specify the nature of the documents requested, and without any showing as to how all documents in such files may be relevant. Indeed, even a request for all documents referring to the City of Brownsville, the Public Utilities Board of Brownsville, the City of San Antonio or the City Public Service Board of San Antonio would likewise be impermissible as too broad and far-ranging.

It is likely, for example, that CSW would have many docu-ments " referring" to one of those' entities, but which would have no relevance to the subject matter of this proceeding.

WHE REFORE , Movants respectfully request that this Board enter an order relieving them from complying in any respect with the Second Set of Interrogatories and Requests for Production of Documents propounded by the Public Utilities Board of the City of Brownsville, or, in the alternative, relieving them from complying with Specification 1(a),

1(b), 4 and 5 contained in the Second Set.

Rose ctfully subm*tted, Wr? -

David My/Stahl One of the Attorneys for Central and South West Corporation, et al.

I SII A M , LINCOLN & BEALE Suite 701 1050 Seventeenth St., N.W.

Washington, D.C. 20036 202/833-9~,30 February 22, 1980 UNITED STAT"S OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: S S

HOUSTON LIGHTING & POWER S NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN S 50-499A ANTONIO, THE CITY OF AUSTIN,S and CENTRAL POWER AND LIGHT S COMPANY S (South Texas Project, S Unit Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S NRC DOCKET NOS. 50-445A COMPANY, et al. S 50-446A (Comanche Peak Steam S Electric Station, S Unit Nos. 1 and 2) S CERTIFICATE OF SERVICE I, David M. Stahl, hereby certify that copies of the foregoing Objection by Central and South West Corpora-tion, et al. to the Second Set of Interrogatories and Request for Production of Documents by the Public Utilities Board of the City of Brownsville, Texas and Motion for Protective Order were served upon the following listed persons by deposit in the United States mail, first class postage prepaid on this 22nd day of February, 1980.

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David M.' Stahl 8003060

MAILING LIST Marshall E. Miller, Esq. Roy P. Lessy, Jr., Esq.

U.S. Nuclear Regulatory Commission Michael B. Blume, Esq.

Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Michael L. Glaser, Esq.

1150 17th Street, N. W. William C. Price Washington, D. C. 20036 Chairman and Chief Executive Officer Sheldon J. Wolfe, Esq. Central Power & Light Co.

U.S. Nuclear Regulatory Commission P. O. Box 2121 Washington, D.C. 20555 Corpus Christi, Texas 78403 Atomic Safety and Licensing G. K. Spruce, Gen. Manager Appeal Board Panel City Public Service Board U.S. Nuclear Regulatory Commission P. O. Box 1771 Washington, D. C. 20555 San Antonio, Texas 7 03 Chase R. Stephens (20) Mr. Perry G. Brittain Docketing and Service Section President U.S. Nuclear Regulatory Commission Texas Utilities Generating Co.

Washingte , D. C. 20555 2001 Bryan Tower Dallas, Texas 75201 Jerome D. Saltzman Chief, Antitrust and Indemnity Group R. L. Hancock, Director U.S. Nuclear Regulatory Commission City of Austin Electric Utility Washington, D.C. 20555 P. O. Box 1088 Austin, Texas 78767 J. Irion Worsham, Esq.

Merlyn D. Sampels, Esq. G. W. Oprea, Jr.

Spencer C. Relyea, Esq. Executive Vice President Worsham, Forsythe & Sampels Houston Lighting & Power Co.

2001 Bryan Tower, Suite 2500 P. O. Box 1700 Dallas, Texas 75201 Houston, Texas 77001 Jon C. Wood, Esq. Michael I. Miller, Esq.

W. Roger Wilson,,Esq. James A. Carney, Esq.

Matthews,.Nowlin, Macfarlane & Barrett Isham, Lincoln & Beale 1500 Alamo National Building One First National Plaza San Antonio, Texas 78205 Chicago, Illinois 60603 Morgan Hunter, Esq.

J. A. Bouknight, Esq. Bill D. St. Clair, Esq.

Bill Franklin, Esq. McGinnin, Lockridge & Kilgore Lowenstein, Newman, Reis, Axelrad Fifth Floor, Texas State

& Toll Bank Building 1025 Connecticut Avenue, N. W. 900 Congress Avenue Washington,.D. C. 20036 Austin, Texas 78701 R. Gordon Gooch, Esq. Don R. Butler, Esq.

Baker & Botts 1225 Southwest Tower 1701 Pennsylvania Avenue, N. W. Austin, Texas 78701 Washington, D. C. 20006

Jerry L. Harris, Esq. W. S. Robson Richard C. Balough, Esq. General Manager City of Austin South Texas Electric P. O. Box 1088 Cooperative, Inc.

Austin, Texas 78767 Route 6, Building 102 Victoria Regional Airport Joseph B. Knotts, Jr., Esq. Victoria, Texas 77901 Nicholas S. Reynolds, Esq.

Debevoise & Liberman Robert C. McDiarm3d, Esq.

1200 17th Street, N. W. Robert A. Jablon, Csq.

Washington, D. C. 20036 Marc R. Poirier Speigel & McDiarmid Don H. Davidson 2600 Virginia Avenue, N.W.

City Manager Washington, D. C. 20036 City of Austin P. O. Box 1088 Kevin B. Pratt Austin, Texas 78767 Texas Attorney General's Office P. O. Box 12548 Jay Galt, Esq. Austin, Texas 78711 Looney, Nichols, Johnson & Hays 219 Couch Drive William H. Burchette, Esq.

Oklahoma City, Oklahoma 73102 Frederic H. Ritts, Esq.

Law Offices of Northcutt Ely Knoland J. Plucknett Watergate Building Executive Director Washington, D. C. 20037 Committee on Power for the Southwest, Inc. Wheatley & Wolleson 5541 East Skelly Drive 1112 Watergate Office Bldg.

Tulsa, Oklahoma 74135 2600 Virginia Avenue, N.W.

Washington, D. C. 20037 John W. Davidson, Esq.

Sawtelle, Goods, Davidson & Tiolo Joseph Rutberg, Esq.

1100 San Antonio Savings Building Antitrust Counsel San Antonio, Texas 78205 Counsel for NRC Staff U.S. NRC Washington, D. C. 20555 Douglas F. John, Esq. Linda L. Aaker, Esq.

Akin, Gump, Hauer & Feld Asst. Attorney General 1333 New Hampshire Avenue, N. W. P. O. Box 12548 Suite 400 Capitol Station Washington, D. C. 20036 Austin, Texas 78711 W. N. Woolsey, Esq. Robert M. Rader Dyer and Redford Conner, Moore & Corber 1030 Petroleum Tower 1747 Pennsylvania Ave., N.W.

Corpus Christi, Texas 78474 Washington, D.C. 20006 Donald Clements Melvin G. Berger, Esq.

Gulf States Utilities Company Ronald Clark, Esq.

P. O. Box 2951 Antitrust Division, Energy Beaumont, Texas 77704 Section Room 8308 414 llth Street, N.W.

Washington, D.C. 20530 d

Charles G. Thrash, Jr., Esq. Joseph J. Saunders, Esq.

E. W. Barnett, Esq. Chief, Public Counsel &

Theodore F. Weiss, Esq. Legislative Section J. Gregory Copeland, Esq. Antitrust Section Baker & Botts U.. S . Department of Justice 3000 One Shell Plaza P. O. Box 14141 Houston, TX 77002 Washington, D.C. 20044 Donald A. Kaplan, Chief Robert E. Bathen Robert Fabrikant, Asst. Chief R. W. Beck & Associates ~

Energy Section P. O. Box 6817 Antitrust Division Orlando, Florida 82853 U.S. Department of Justice Washington, D.C. 20530 Mr. G. Holman King West Texas Utilities Company Nancy Luque P. O. Box 841 Susan B. Cyphert Abilene, TX 79604 Ronald H. Clark Frederick H. Parmenter John Carney, Esq.

Antitrust Division Weil, Gotshal & Manges Energy Section 767 Fifth Avenue U. S. Department of Justice New York, NY 10022 Room 8413 414 llth Street, N.W.

Washington, D.C. 20530

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