ML19296C518

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Opposition to Central Power & Light Motion for Extension Until 800328 to Answer First Set of Interrogatories & to Central & Southwest Svcs Motion for Protective Order.Timing Will Deny Necessary Info.W/Certificate of Svc
ML19296C518
Person / Time
Site: South Texas, Comanche Peak, Allens Creek  Luminant icon.png
Issue date: 02/11/1980
From: Ahearn C
DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8002260421
Download: ML19296C518 (7)
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Text

{{#Wiki_filter:[ '"' , s' /' h 4 dM o9 T UNITED STATES OF AMERICA 2 \ NUCLEAR REGULATORY COMMISSION t he  ! s, ,[hh ,/ BEFORE THE ATOMIC SAFETf AND LICENSING BOARD 6 7 g, Nii1m In the Matter of ) 

                                                 )

HOUSTON LIGHTING AND POWER CO., ) Docket Nos. 50-498A _et _al. ) 50-499A 

                                                 )

(South Texas Project, Units ) 1 and 2) ) 

                                                 )

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY, _e t _a l . ) 50-446A (Comanche Peak Steam Electric ) Station, Units 1 and 2) i OPPOSITION OF TEXAS UTILITIES GENERATING COMPANY TO MOTION OF CENTRAL POWER AND LIGHT COMPANY, et al. FOR EXTENSION OF TIME WITHIN WHICH TO RESPOND TO FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FROM TEXAS UTILITIES GENERATING COMPANY, AND TO MOTION FOR PROTECTIVE ORDER Pursuant to 52.730 (c) of the Rules of Practice of this Commission, Texas Utilities Genersting Company ("TUGCO") , et al., opposes the mction of Central Power & Light Company, et al., ("Movants") for an extension of time until March 28, 1980, in which to answer TUGCO's first set of interrogatories and request for production of documents. TUGCO also opposes the motion of Central and South West Services, Inc. fc. : a pro-tective order relieving it frcm complying with the TUGCO discotery request in any respect. Neither motion is well founded and both should be denied by the Board. 8002260 L- 

                                                                         -{.

Movants base their request for extension on the grounds that TUGCO's discovery request was filed in an "apparently consciously-dilatory manner" and that the discovery requested is extensive. TUGCO waited until January 30, 1980 to file its discovery request in order to have the clearest picture possible of the Movants' posture in the case based on other discovery and to be thus able to frame its discovery requests in as precise a manner as possible . Rather than being " consciously-dilatory", a moment's reflection will show that this has resulted in less burden upon the Movants than would have a series of less well-defined discovery requests. The "short" extension requested by the Movants amounts to an approximately six week extension for the interrogatories and a four week extension for the document production. If these were granted, the Movants would not have to respond to TUGCO's discovery request until after all of the various experts scheduled for deposition in the month of March had been deposed. Far from being an " inconvenience", this would result in TUGCO being denied information necessary in order to properly depose these experts and prepare for trial and would thus subvert the entire purpose of these discovery proceedings. TUGCO is aware that the current discovery schedule has placed demands upon all parties, and thus would not object to extending the time for answering interrogatories to February 28, 1980, and for the production of documents until March 14, 1980.

Such extensions would allow TUGCO to receive the information it needs in order to participate fully in the depositions scheduled for March. However, TUGCO is not seeking a general extension of factual discovery beyond the February 29, 1980 date set by this Board for termination of factual discovery, and considers the extension of time for the production of documents to be a unique exception. TUGCO was quite suprised~to read that Central and South West Services, Inc. was moving for a protective order relieving it from any obligation to answer TUGCO's discovery request. Referring to the August 22, 1979, " Request of Central and South West Corporation, et al. For Production of Documents Addressed to Texas Utilities Generating Company And Houston Lighting & Power Company", the Movants there specifically defined " Texas Utilities" or "TU" to include Texas Utilities Services Company and Texas Utilities Fuel Company (pl. at pp. 3-4). TUGCO also notes that the Department of Justice on November 22, 1978, and the Public Utilities Board of The City of Brownsville, Texas on January 31, 1979, similarly defined Texas Utilities to include all of its subsidiaries for discovery purposes, and both requests were answered on this basis. TUGCO is informed and believes that the PUB has also received document production from Central and South West Services. It thus appears that Movants wish their subsidiaries who are not parties to this proceeding to be treated di._erently

than the similarly situated subsidiaries of Texas Utilities in regard to discovery requests. Moreover, CSW seems willing to have some parties but not others take discovery from its service company. Since TUGCO fails to see any grounds for such distinction, and since discovery was had from TUGCO's subsidiaries by the various parties to this proceeding, TUGCO respectfully requests that the Movants' subsidiaries be granted the same treatment. Wherefore, TUGCO respectfully requests this Board to deny both of Movants' Motions but does not object to an extension of the period for answering interrogatories until February 28, 1980 and for the production of documents until March 14, 1980. Respectfully submitted, C. Avi Ym Dennis Ahearn Debevoise & Liberman 1200 Seventeenth Street, N.W. Washington, D.C. 20036 (202) 857-9800 Attorney for Texas Utilities Generating Company February 11, 1980

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of ) 

                                           )

EOUSTON LIGHTING AND POWER CO., ) Docket Nos. 50-498A _et _al. ) 50-499A 

                                           )

(South Texas Project, Units ) 1 and 2) ) 

                                           )

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

                                           )

(Comanche Peak Steam Electric ) Station, Units 1 and 2) ) CERTIFICATE OF SERVICE I hereby certify that copies of " Opposition of Texas Utilities Generating Company to Motion of Central Power and Light Company, et al. For Extension Of Time Within Which To Respond To First Set Of Interrogatories And Request For Production of Documents From Texas Utilities Generating Company, And To Motion For Protective Order" in the above-captioned matters, were served upon the following persons by deposit in the United States mail, first class postage prepaid this lith day of February, 1980. Marshall E. Miller, Esq. Mr. Jerome D. Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.C. 20555 Nuclear Reactor Regulation

  • U.S. Nuclear Regulatory Michael L. Glaser, Esq. Co= mission 1150 17th Street, N.W. Washington, D.C. 20555 Washington, D.C. 20036 J. Irion Worsham, Esq.

Sheldon J. W olfe, Esq. Merlyn D. Sampels, Esq. U.S: Nuclear Regulatory Spencer C. Relyea, Esq. Commission Worsham, Forsythe & Sampels Washington, D.C. 20555 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon C. Wood, Esq. U.S. Nuclear Regulatory W. Roger Wilson, Esq. Commission Matthews, Nowlin, Macfarlane & Washington, D.C. 20555 Barrett 1500 Alamo National Building Chase R. Stephens , San Antonio, Texas 78205 Docketing and Service Branch U.S. Nuclear Regulatory Dick "'errell Brcwn, Esq. Commission 800 Milam Building Washington, D.C. 20555 San Antonio, Texas 73205

Charles G. Thrash, Jr., Esq. Don R. Butler, Esq. E.W. Barnett, Esq. Sneed, Vine , Wilkerson, Theodoro F. Weiss, Esq. Selman & Perry J. Gregory Copeland, Esq. P.O. Box 1409 Baker & Botts Austin, Texas 78767 3000 One Shell Plaza Houston, Texas 77002 Jerry L. Harris, Esq. Steven R. Hunsicker, Esq. Richard C. Balough, Esq. R.Gordon Gooch, Esq. ' City of Austin John P. Mathis, Esq. P.O. Box 1088 Baker & Botts Austin, Texas 78767 1701 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Robert Lowenstein, Esq. J.A. Bouknight, Jr., Esq. Roy P. Lessy, Jr., Esq. William J. Franklin, Esq. Michael B. Blume, Esq. Douglas G. Green, Esq. Fredric D. Chanania, Esq. Lowenstein, Newman, Reis, Ann P. Hodgdon, Esq. Axelrad and Toll U.S. Nuclear Regulatory 1025 Connecticut Avenue, N.W. Commission Washington, D.C. 20036 Washington, D.C. 20555 John W. Davidson, Esq. Roff Hardy Sawtelle, Goode, Davidson & Chairman and Chief Executive Ticilo Officer 1100 San Antonio Savings Bldg. Central Power and Light Company San Antonio, Texas 78205 P.O. Box 2121 Corpus Christi, Texas 78403 Douglas F. John, Esq. Akin, Gump, Haver & Feld Mr. Perry G. Brittain 1333 New Hampshire Ave., N.W. President Suite 400 Texas Utilities Generating Washington, D.C. 20036 Ccmpany 2001 Bryan Tower Bill D. St. Clair, Esq. Dallas, Texas 75201 Morgan Hunter, Esq. McGinnis, Lockridge & Kilgore R.L. Hancock, Director Fifth Floor, Texas State City of Austin Electric Utility Bank Building P.O. Box 1086 900 Congress Avenue Austin, Texas 78767 Austin, Texas 78701 G.W. Oprea, Jr. Executive Vice President Housten Lighting & Power David M. Stahl, Esq. Company Isham, Lincoln & Beale P.O. Box 1700 1050 17th Street, N.W. Houston, Texas 77001 Suite 701 Washington, D.C. 20036 Susan B. Cyphert, Esq. Frederick H. Parmenter, Esq. Mr. W. N. Woolsey David A. Dopsovic, Esq. Kleberg, Dyer, Redford & Weil Nancy Luque, Esq. 1030 Petroleum Tower U.S. Department of Justice Corpus Christi, Texas 78474 Antitrust Division P.O. Box 14141 Washington, D.C. 20044

Sarah Welling, Esq. Michael I. Miller, Esq. Kevin B. Pratt, Esq. James A. Carney, Esq. Attorney General's Office Isham, Lincoln & Beale State of Texas One First National Plaza P.O. Box 12548 Suite 4200 Austin, Texas 78711 Chicago, Illinois 60603 Frederick H. Ritts, Esq. Don H. Davidson William H. Burchette, Esq. City Manager Northcutt Ely City of Austin Watergate 600 Building P.O. Box 1088 Washington, D.C. 20037 Austin, Texas 78767 W.S. Robson General Manager South Texas Electric Cooperative, Inc. Route 6, Building 102 [3 Sh *h Victoria Regional Airport C. ' Dennis Ahearn Victoria, Texas 77901 Robert C. McDiarmid, Esq. Robert Jablon, Esq. Marc Poirier, Esq. 2600 Virginia Avenue, N.W. Washington, D.C. 20037 W.N. Woolsey, Esq. Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 Donald M. Clements Gulf States Utilities Ccmpany Post Office Box 2951 Beaumont, Texas 77704 Marc J. Wetterhahn, Esq. Robert M. Rader, Esq. Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W. Washington, D.C. 20006 Mr. William C. Price Central Power & Light Co. P.O. Box 2121 Corpus Christi, Texas 78403 Mr. G. Holman King West Texas Utilities Co. P.O. Box 841 Abilene, Texas 79604}}

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