ML19296D715
| ML19296D715 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 02/22/1980 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | BROWNSVILLE, TX |
| References | |
| NUDOCS 8003130056 | |
| Download: ML19296D715 (2) | |
Text
.
UNITED STATES OF AMERICA s
NUCLEAR REGULATORY COMMISSION 1
5 q/pvpq 9
THE ATOMIC SAFETY AND LICENSING BOARD: 6 c
$(o o
Marshall E. Miller, Esquire, Chairman g Michael L. Glaser, Esquire, Member
'y Sheldon J. Wolfe, Esquire, Member y
en In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPALY, et al.
)
eket Nos.
(South Texas Project,
)
Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING COMPANY, et al. )
cket Nos.
A (Comanche Peak Steam Electric Station, Units 1 and 2)
)
ORDER DENYING MOTION OF BROWNSVILLE TO COMPEL DEPOSITION (February 22, 1980)
On February 1, 1980, the City of Brownsville filed a motion to W. Hardy.
This was opposed by CPL compel the deposition of Mr.
a.
and Roff W. Hardy.
Brownsville, pursuant to leave granted it, filed a reply on February 15.
Much of the controversy revolves around the alleged poor physical condition of Mr. Hardy, based upon a short letter from Dr. Carl Trusler stating that his patient "is quite ill with accelerated renovascular hypertension."
appearsthatMr. Hardy,.anonp$'rtywitness,was However, it never subpoenaed by Brownsville.
It was stated on information and belief by Brownsville that he has earlier been served with a subpoena issued at the request of two other parties.
In any event, these 8003130056 parties have never sought to compel Mr. Hardy's appearance at a
deposition after his health question was raised.
In the case of a nonparty, it is necessary both to serve a notice of taking deposition upon the other parties, and to subpoena the witness himself.
A mere notice to take deposition of a nonparty does not alone give the Board jurisdiction to compel attendance.
The motion to compel deposition is denied.
Brownsville has filed in the alternative an application for issuance of subpoena, which is granted.
We note in passing that the information contained in the meager doctor's letter is too sparse to enable the Board to determine whether the witness' health precludes taking his deposition.
ore precise f actual and medical information is required if this should become an issue.
It is so ordered.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Marshall E. Miller, Chairman Dated at Bethesda, Maryland this 22nd day of February 1980.