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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196G4021999-06-18018 June 1999 Comment on FRN Re Rev of NRC Enforcement Policy NUREG-1600, Rev 1 & Amend of 10CFR55.49.Concurs with Need to Provide Examples That May Be Used as Guidance in Determining Appropriate Severity Level for Violations as Listed ML20206H1881999-05-0606 May 1999 Exemption from Requirements of 10CFR50,App K Re ECCS Evaluation Models. Commission Grants Licensee Exemption ML20206H2221999-05-0404 May 1999 Exemption from Requirements of 10CFR50.60 That Would Allow STP Nuclear Operating Co to Apply ASME Code Case N-514 for Determining Plant Cold Overpressurization Mitigation Sys Pressure Setpoint.Commission Grants Exemption ML20206M5111999-04-30030 April 1999 Comment Supporting Draft RG DG-1083 Re Content of UFSAR IAW 10CFR50.71(e). Recommends That Listed Approach Be Adopted for Changes to Documents Incorporated by Ref CY-99-007, Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-0071999-02-22022 February 1999 Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-007 TXX-9825, Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps1998-12-14014 December 1998 Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps ML20195C7541998-11-0505 November 1998 Order Approving Application Re Proposed Corporate Merger of Central & South West Corp & American Electric Power Co,Inc.Commission Approves Application Re Merger Agreement Between Csw & Aep ML20155H5511998-11-0202 November 1998 Exemption from Certain Requirements of 10CFR50.71(e)(4) Re Submission of Revs to UFSAR ML20154C4101998-09-30030 September 1998 Comment Re Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Comanche Peak Electric Station Endorses NEI Comment Ltr & Agrees with NEI Recommendations & Rationale ML20248K5051998-06-0909 June 1998 Confirmatory Order Modifying License (Effective Immediately).Answer for Request for Hearing Shall Not Stay Immediate Effectiveness of Order ML20216E1051998-04-0707 April 1998 Comment Supporting Draft RG DG-1029 Titled Guidelines for Evaluating Electromagnetic & Radio-Frequency Interference in Safety-related Instrumentation & Control Sys NOC-AE-000109, Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI1998-03-30030 March 1998 Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI ML20217H3611998-03-26026 March 1998 Comment Opposing Draft GL 97-XX, Lab Testing of Nuclear Grade Charcoal, Issued on 980225.Advises That There Will Be Addl Implementation Costs ML20198Q4851998-01-16016 January 1998 Comment Opposing PRM 50-63A by P Crane That Requests NRC Amend Regulations Re Emergency Planning to Require Consideration of Sheltering,Evacuation & Prophylactic Use of Potassium Iodide for General Public ML20211A4871997-09-12012 September 1997 Changes Submittal Date of Response to NRC RAI Re Proposed CPSES risk-informed Inservice Testing Program & Comments on NRC Draft PRA Documents ML20149L0311997-07-21021 July 1997 Comment on Draft Guides DG-1048,DG-1049 & DG-1050.Error Identified in Last Line of DG-1050,item 1.3 of Section Value/Impact Statement.Rev 30 Should Be Rev 11 ML20140A4871997-05-27027 May 1997 Comment Opposing Proposed Rule Re Safety Conscious Work Environ.Util Agrees W/Nuclear Energy Inst Comment Ltr ML20137U3531997-04-0808 April 1997 Order Approving Application Re Formation of Operating Company & Transfer of Operating Authority ML20133G5411996-12-0505 December 1996 Transcript of 961205 Meeting in Arlington,Tx Re Comanche Peak Thermo-Lag Fire Barriers. Pp 1-111 ML20135B7881996-11-29029 November 1996 Order Approving Corporate Restructuring of TU to Facilitate Acquistion of Enserch Corp ML20128M8011996-10-0303 October 1996 Comment Opposing Proposed NRC Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20116B8871996-07-19019 July 1996 Transcript of 960719 Predecisional Enforcement Conference Re Apparent Violations of NRC Requirements at Plant ML20097D7321996-02-0909 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Re CPSES Request for Amend to Its Regulations Dealing W/Emergency Planning to Include Requirement That Emergency Planning Protective Actions for General Public Include Listed Info ML20094Q6421995-11-28028 November 1995 Comment Supporting Petition for RM PRM-50-62 Re Amend to Regulation Re QAPs Permitting NPP Licensees to Change Quality Program Described in SAR W/O NRC Prior Approval If Changes Do Not Potentially Degrade Safety or Change TSs ML20094H4801995-11-0808 November 1995 Comment Supporting Nuclear Energy Inst Comments on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel or high-level Radwaste TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20091M6441995-08-25025 August 1995 Comment Opposing Proposed Rule Re Review of Revised NRC SALP Program.Believes That NRC Should Reconsider Need for Ipap or SALP in Light of Redundancy ML20086M7921995-07-0707 July 1995 Comment Supporting Proposed GL Process for Changes to Security Plan Without Prior NRC Approval ML20084A0181995-05-19019 May 1995 Comment Suporting Proposed Rule 10CFR50 Re Containment Leakage Testing.Supports NEI Comments ML20077M7311994-12-30030 December 1994 Comments Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20077L8711994-12-22022 December 1994 Comment Supporting Proposed Rule 10CFR50,55 & 73 Re Reduction of Reporting Requirements Imposed on NRC Licensees ML20073B6951994-09-19019 September 1994 Affidavit of Cl Terry Authorizing Signing & Filing W/Nrc OL Amend Request 94-016 ML20073B6731994-09-19019 September 1994 Affidavit of Cl Terry Re License Amend Request 94-015 ML20072P5441994-07-13013 July 1994 Testimony of Rl Stright Re Results of Liberty Consulting Groups Independent Review of Prudence of Mgt of STP ML20092C3911993-11-15015 November 1993 Partially Deleted Response of Rl Balcom to Demand for Info ML20092C4031993-11-15015 November 1993 Partially Deleted Response of Hl&P to Demand for Info ML20058E0561993-11-10010 November 1993 Comment on Proposed Rule Re Staff Meetings Open to Public. Believes That NRC Has Done Well in Commitment to Provide Public W/Fullest Practical Access to Its Activities ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20045D8321993-06-11011 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54, FSAR Update Submittals. ML20044F3271993-05-21021 May 1993 Comments on Draft NRC Insp Procedure 38703, Commercial Grade Procurement Insp, Fr Vol 58,Number 52.NRC Should Use EPRI Definitions for Critical Characteristics ML20044D3311993-05-0404 May 1993 Comment Supporting Proposed Generic Communication Re Mod of TS Administrative Control Requirements for Emergency & Security Plans ML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20056C1881993-03-17017 March 1993 Order.* Directs Util to Respond to Motion by COB 930319 & NRC to Respond by COB 930322.W/Certificate of Svc.Served on 930317 ML20128F6221993-02-0303 February 1993 Transcript of 930203 Affirmation/Discussion & Vote Public Meeting in Rockville,Md.Pp 1-2.Related Info Encl ML20128D9651993-02-0303 February 1993 Memorandum & Order.* Stay Request Filed by Petitioners Denied.W/Certificate of Svc.Served on 930203 ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D6321993-01-29029 January 1993 Memorandum & Order.* Denies Citizens for Fair Util Regulation for Fr Notice Hearing on Proposed Issuance of OL for Facility.W/Certificate of Svc.Served on 930129 ML20128D3461993-01-29029 January 1993 NRC Staff Notification of Issuance of OL for Facility.* Low Power License May Be Issued by 930201.W/Certificate of Svc ML20127L9181993-01-26026 January 1993 NRC Staff Reply to Cfur Request for Publication of Proposed Action Re Licensing of Unit 2.* Cfur Request That Notice Re Licensing of Unit 2 Be Published Permitting Parties to Request Hearings Should Be Denied 1999-06-18
[Table view] Category:PLEADINGS
MONTHYEARML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20127L9091993-01-25025 January 1993 Tx Util Electric Response to Citizens for Fair Util Regulation Request of 930113.* Request Fails to Raise Worthy Issue & Should Be Denied.W/Certificate of Svc ML20127G9441993-01-19019 January 1993 TU Electric Brief in Opposition to Petitioners Appeal of ASLB Memorandum & Order.* Requests That Petitioners Appeal Be Denied & Licensing Board 921215 Memorandum & Order Be Affirmed.W/Certificate of Svc ML20127G7451993-01-14014 January 1993 NRC Staff Response to Motion of Petitioners RM Dow & SL Dow, (Disposable Workers of Comanche Peak Steam Electric Station),For Leave to File Out of Time & Request for Extension of Time to File Brief.* W/Certificate of Svc ML20127G7941993-01-12012 January 1993 Opposition of TU Electric to Motion for Leave to File Out of Time & Request for Extension of Time to File Brief by SL Dow (Disposable Workers of Comanche Peak Steam Electric Station) & RM Dow.* W/Certificate of Svc ML20127A6131993-01-0707 January 1993 Motion for Leave to File Out of Time & Request for Extension of Time to File Brief.* Petitioners Did Not Receive Order in Time to Appeal & Requests 15 Day Extension from Motion Filing Date to Respond.W/Certificate of Svc ML20127A7911992-12-31031 December 1992 Petitioner Amended Motion for Continuance to File Appeal Brief.* Petitioners Requests Until C.O.B. on 930108 to File Appeal Brief.W/Certificate of Svc ML20127A7641992-12-30030 December 1992 Petitioner Motion for Continuance to File Appeal Brief.* Counsel Requests That Petitioners Be Granted Until 930109 to File Brief in Support of Notice of Appeal.W/Certificate of Svc ML20128C9751992-12-0303 December 1992 NRC Staff Response to Motion to Compel Disclosure of Info Secreted by Restrictive Agreements & Notification of Addl Evidence Supporting Petition to Intervene by B Orr,D Orr, J Macktal & Hasan.* W/Certificate of Svc ML20128B8721992-11-27027 November 1992 NRC Staff Response to Motion for Rehearing by RM Dow, Petitioner.* Motion for Rehearing Should Be Denied for Reasons Explained in Encl.W/Certificate of Svc ML20128A0271992-11-25025 November 1992 Texas Utilities Electric Co Answer to Motion to Compel Disclosure of Info Secreted by Restrictive Agreements.* Util Requests That Petitioners 921118 Motion to Compel Be Denied in Entirety.Certificate of Svc Encl ML20127P8181992-11-25025 November 1992 Texas Utilities Electric Co Answer to Notification of Addl Evidence Supporting Petition to Intervene.* Petitioners Notification Procedurally Improper & Substantively Improper & Should Be Rejected by Board.W/Certificate of Svc ML20116M4591992-11-19019 November 1992 TU Electric Opposition to Motion for Rehearing by RM Dow.* RM Dow 921110 Motion for Rehearing Should Be Denied.W/ Certificate of Svc ML20127M4271992-11-15015 November 1992 Motion to Compel Disclosure of Info Secreted by Restrictive Agreements.* Petitioners Bi Orr,Di Orr,Jj Macktal & SMA Hasan Requests That Board Declare Null & Void Any & All Provisions in Settlement Agreements.W/Certificate of Svc ML20116M3181992-11-10010 November 1992 Motion for Prehearing by RM Dow,Petitioner.* Requests Period of Ten Days to File Supplemental Pleading to Original Petition.Certificate of Svc & Statement Encl ML20106D8881992-10-0808 October 1992 Opposition of Util to Motion for Extension of Time to File Brief by SL Dow Doing Business as Disposbale Workers of Plant & RM Dow.* Request for Extension of Time & to Become Party to Proceeding Should Be Rejected.W/Certificate of Svc ML20106D2821992-10-0505 October 1992 Motion for Extension of Time to File Brief by SL Dow Doing Business as Disposable Workers of Comanche Peak Steam Electric Station & RM Dow.* Petitioner Requests 30-day Extension.W/Certificate of Svc ML20101P5891992-06-30030 June 1992 Response of Texas Utils Electric to Comments of Cap Rock Electric Cooperative,Inc. Dispute Strictly Contractual Issue Involving Cap Rock Efforts to Annul Reasonable Notice Provisions of 1990 Power Supply Agreement ML20101K1131992-06-29029 June 1992 Motion for Leave to Suppl Motion to Modify or Quash Subpoenas & Supplemental Info.* OI Policy Unfair & Violative of Subpoenaed Individuals Statutory Rights & Goes Beyond Investigatory Authority.W/Certificate of Svc ML20101G2041992-06-18018 June 1992 Motion to Modify or Quash Subpoenas.* Requests Mod of Subpoenas Due to Manner in Which Ofc of Investigations Seeks to Enforce Is Unreasonable & Fails to Protect Statutory Rights of Subpoenaed Individuals.W/Certificate of Svc ML20127K8141992-05-19019 May 1992 Request to Institute Proceeding to Modify,Suspend or Revoke License Held by Util for Unit 1 & for Cause Would Show Commission That Primary Place of Registration for Organization Is Fort Worth,Tarrant County,Tx ML20096A6281992-05-0707 May 1992 Applicants Reply to Opposition cross-motions for Summary Disposition & Responses to Applicants Motion for Summary Disposition.* Applicants Conclude NRC Has No Authority to Retain Antitrust Licensing Conditions.W/Certificate of Svc ML20095C4691992-04-17017 April 1992 TU Electric Answer to Application for Hearings & Oral Argument by M Dow & SL Dow.* Concludes That NRC Should Deny Application for Oral Argument & Hearings on Petition to Intervene & Motion to Reopen.W/Certificate of Svc ML20091E2561992-04-0606 April 1992 Application to Secretary for Hearings & Oral Argument in Support of Motion for Leave to Intervene out-of-time & Motion to Reopen Record Submitted by SL Dow Dba Disposable Workers of Comanche Peak Steam Electric Station & RM Dow.* ML20094K4161992-03-16016 March 1992 TU Electric Answer to Petition to Intervene & Motion & Supplemental Motion to Reopen by M Dow & SL Dow & TU Electric Request for Admonition of Dows.* Concludes That Motion Should Be Dismissed.W/Certificate of Svc ML20091A0461992-03-13013 March 1992 Suppl to Motion to Reopen Record.* Requests That NRC Reopen Record & Suspend License Pending New Hearings on Issue. W/Certificate of Svc ML20090C4241992-02-24024 February 1992 Motion to Reopen Record.* Requests That NRC Reopen Record & Suspend OL for Unit 1 & CP for Unit 2,pending Reopening & Final Decision.W/Certificate of Svc ML20090C4431992-02-21021 February 1992 Petition for Leave to Intervene Out of Time.* Requests That Petition for Leave to Intervene Out of Time Be Granted for Listed Reasons.W/Certificate of Svc ML20116F2671992-02-19019 February 1992 Requests NRC to Initiate Swift & Effective Actions to Cause Licensee to Immediately Revoke All Escorted Access to Facility ML20094E9511992-02-10010 February 1992 Requests That NRC Initiate Swift & Effective Actions to Cause Licensee to Immediately Revoke All Escorted Access to Facility & to Adequately Train All Util Employees in Use of Rev 3 to Work Process Program ML20086Q3121991-12-26026 December 1991 Case Motion for Leave to File Response to Portions of Motion of R Micky & Dow to Reopen Record.* Requests That NRC Recognize J Ellis as Case Representative for Filing & Pleading Purposes.W/Limited Notice of Appearance ML20086Q3811991-12-26026 December 1991 Case Response to Portions of Motion of R Micky & Dow to Reopen Record.* Submits Responses to Motions to Reopen Record ML20091G2511991-12-0202 December 1991 Licensee Answer to Motion to Reopen Record by M Dow & SL Dow.* Requests That Petitioners Motion Be Denied for Listed Reasons.W/Certificate of Svc & Notices of Appearance ML20086G7381991-11-22022 November 1991 Motion to Reopen Record.* Requests That Licensing Board Reopen Record & Grant Leave to File Motion to Intervene. W/Certificate of Svc ML20006C4811990-02-0101 February 1990 Applicant Answer to Request for Stay by Citizens for Fair Util Regulation (Cfur).* Cfur Failed to Satisfy Burden to Demonstrate Necessity for Stay & Request Should Be Denied. Certificate of Svc Encl ML20006B1691990-01-27027 January 1990 Second Request for Stay Citizens for Fail Util Regulation.* Requests That NRC Stay Fuel Loading & Low Power Operation of Unit 1 Until 900209.Certificate of Svc Encl ML20006A0281990-01-0808 January 1990 J Corder Response to NRC Staff Motion to Modify Subpoena & Motion for Protective Order.* Requests Protective Order Until NRC Makes Documents Available to Corder by FOIA or Directly.W/Certificate of Svc ML20005G1431989-12-11011 December 1989 Motion to Modify Subpoena & Motion for Protective Order.* Protective Order Requested on Basis That Subpoena Will Impose Undue Financial Hardship on J Corder ML20248J3601989-10-15015 October 1989 Request for Stay Citizens for Fair Util Regulation.* Requests That Commission Retain Authority to Order That Fuel Loading & Low Power License Not Be Immediately Effective,Per Util Intent to Request License.Certificate of Svc Encl ML20246B8671989-08-17017 August 1989 Motion for Reconsideration of NRC Memorandum & Order CLI-89-14.* NRC Should Excuse Itself from Consideration on Matters Re Jj Macktal & Should Refer All Issues on NRC Requested Subpoena to Independent Adjudicatory Body ML20248D6291989-08-0202 August 1989 Jj Macktal Statement Re Motion for Recusation.* Macktal Motion Considered Moot Due to Commission No Longer Having Jurisdiction to Consider Motion Since Macktal Not Party to Proceeding Before Nrc.W/Certificate of Svc ML20247Q3851989-07-26026 July 1989 Withdrawal of Motion to Reopen Record.* Withdraws 890714 Motion to Reopen Record.W/Certificate of Svc ML20245J7331989-07-26026 July 1989 Request of Cap Rock for Reevaluation of Director'S Determination That No Significant Changes in Licensee Activity Warrant Antitrust Review at OL Stage.Certificate of Svc Encl ML20247B5901989-07-19019 July 1989 Motion to Reopen Record.* Requests Board to Reopen Record & Grant Leave to Renew Earlier Motion for Intervention Status. W/Supporting Documentation & Certificate of Svc ML20248D5541989-07-0303 July 1989 Motion for Recusation.* Requests That NRC Recuse from Deciding on Macktal Cases on Basis That NRC Will Not Be Fair & Impartial Tribunal.W/Certificate of Svc ML20248D5731989-07-0303 July 1989 Motion for Reconsideration.* Requests Reconsideration of NRC 890122 Order on Basis That NRC Subpoena Filed for Improper Purposes & NRC Lacks Jurisdiction Over Matters Presently Before Dept of Labor ML20245J9411989-06-30030 June 1989 Response of Texas Utils Electric Co to Request of Cap Rock Electric Cooperative,Inc,For Order Enforcing & Modifying Antitrust License Conditions ML20248D4891989-06-13013 June 1989 Motion for Protective Order.* Requests That Jj Macktal Deposition Be Taken at Stated Address in Washington,Dc & That Testimony Remain Confidential.W/Certificate of Svc 1993-03-19
[Table view] |
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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,
In the Matter of ) ,
)
llOUSTON LIGIITING & ) Docket Nos. 50-498A i POWER COMPANY, ET AL ) 50-499A
)
(South Texas Project, )
Units 1 and 2) )
)
)
TEXAS UTILITIES ) Docket Nos. 50-445A' GENERATING CO. , ET AL ) 50-446A
)
(Comanche ~ Peak Steam )
Electric Station, )
Units 1 and 2) )
IlOUSTON LIGilTING & POWER COMPANY'S l
MOTION TO COMPEL PRODUCTION OF DOCUMENTS :
SUBPOENAED FROM Ti!E FILES OF Ti!E MIDWEST ELECTRIC COOPERATIVE IIouston Lighting & Power Company (Houston) moves the Atomic Safety and Licensing Board (the Board) to issue an Order compelling the Midwest Electric Cooperative (Mid-west) and its General Manager, Mr. Parker Wetzel, to produce for inspection and copying the documents responsive to the subpoena served on Mr. Wetzel in this matter.
On February 1, 1980, the Department of Justice l
(the Department) filed its Fourth Supplemental Response to
- !!ouston's Second Set of Interrogatories, adding to its witness list the name of Mr. Parker Wetzel, General Manager
, 8004100%D
4 8 i
of the Midwest Electric Cooperative in Roby, Texas. Houston requested and the Board issued a subpoena (Attachment A) directed to Mr. Wetzel, which required him to appear on February 22, 1980, and bring documents responsive to the subpoena. Shortly before his deposition, Mr. Wetzel notified counsel for Houston that he was to undergo an operation and had been advised by his doctor not to travel to Dallas for his deposition on the 22nd. Counsel for Houston contacted counsel for the Department and obtained an agreement from the Department that Mr. Wetzel's deposition could be re-scheduled af ter the formal close of factual discovery in this matter in return for Houston's agreement not to press for Mr. Wetzel's deposition on the 22nd.
Counsel for Houston is currently negotiating the re-scheduling of Mr. Wetzel's deposition with the Depart-ment. However, counsel for Houston has been notified by Mr.
Wetzel's attorney, Mr. Robert O'Neil, that Mr. Wetzel will not comply with the subpoena issued to him with respect to I
the production of documents at his deposition. Mr. O'Neil has taken the same position with respect to documents sub-poenaed from another of the Department's witnesses, Mr.
Elton McGinnes, whose deposition was taken on February 21, 1980. Mr. McGinnes' refusal to produce documents at his deposition, and his counsel's subsequent refusal to prodoce any documents with or without a Protective Order, is the
i subject of a separate motion to compel filed by Houston.
[See Houston Lighting & Power Company's Motion to Compel Production of Documents Subpoenaed from the Files of the i
Southwest Texas-Electric Cooperative.]
It is Houston's position that the documents Mr. [
Wetzel intends to withhold go to the heart of the testimony ;
I that the Department intends to elicit from him. This was- !
certainly true in the case of Mr. McGinnes' testimony, and
- Houston believes that Mr. Wetzel's testimony will be virtually identical to that of Mr. McGinnes.1/
- Houston's right to cross-examine and obtain dis-covery from Mr. Wetzel will be severely impaired unless Mr.
i Wetzel is compelled to produce the documents requested in the subpoena served upon him. No witness in this proceeding has been permitted to ignore the subpoenas of the parties, nor should such behavior be countenanced. Consequently,.
t-Houston requests that the Board enter an Order requiring the Midwest Electric Cooperative immediately to produce the s
documents responsive to the subpoena served upon Mr. Parker
- Wetzel. In the alternative, Houston requests that the Bo.cd order that if such documents are not produced,-Mr. Wetzel 1/ Houston has attempted to negotiate the production of.the subpoenaed documents under a Protective Order with counsel
~
~for both of the recalcitrant witnesses, to no avail.
Neither of the witnesses have sought to quash their_sub- .
poenas or to otherwise seek protection beyond their flat refusal to produce any of the subpoenaed documents.
3-e q e m . , - ,,c --
Q e
and all other members or. representatives of the Midwest Electric Cooperative may not testify at the hearing, and that the deposition testimony of Mr. Wetzel be stricken from the record in this matter.
Respe fully submitted, l
/ds b Green '
cf Attorney for liouston Lighting
& Power Company OF COUNSEL:
Baker & Botts 3000 one Shell Plaza llouston, Texas 77002 Lowenstein, Newman, Reis Axelrad & Toll 1025 Connecticut Avenue, N.W. ;
Washington, D. C. 20036
-Dated: March 26, 1980 4
6
E- J I ATTACHMENT A h
UNITED STATES .0F AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD .
In the Matter of )
)
- HOUSTON LIGHTING & POWER COMPANY, ) Do'cket Nos. 50-498A et al. ) 50-499A
)
(South Texas Project, ), ,
Units 1 and 2) )
)
TEXAS UTILITIES GENERATINO ) Docket Nos. 50-445A COMPANY, et al. ) 50-446A
)
(Comanche Peak Steam Electric )
- Station, Units 1 and 2) )
SUBPOENA TO: Parker Wetzel Midwest Electric Coop P.O. Box 518 Roby, Texas 79543 YOU ARE HEREBY COMMANDED, pursuant to the Atomic Energy Act of 1954, as amended, and 10 C.F.R. 52.720, to appear at the (2500) Bryan 'Itwer, 2001 Bryan StreetIn the City of . Dallas,
! 'Ibxas . on the 22nd . . day of . February,
, . . -1980 i
9:00 A.M. (and thereafter from day to day, if necessary) to at . . . . . .
testifyLby' deposition on oral examination in the above-entitled action, and to bring with you the document (s) or objects described in the attached schedule. Your testimony _will be required as to.the. testimony you may give in the-trial of this. action,Jall
~
1 matters relating.thereto, and all subject matters covered in~the
? l A P>
o attached schedule.
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD .
By
. . . . . . . . . . , 19 . .
Douglas G. Green Attorney for Houston Lighting
& Power Company LOWENSTEIM, NEMMAtl , REIS, AXELRAD L TOLL 1025 Connecticut Avenue, N.W.
Washington, D.C. 20036 (202) 862-8400 10 C.F.R. 2.720 ( f)
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable o'r requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
b h SCHEDULE TO SUBPOEUA
- 1. All documents which set forth, contain information about, refer or relate to instances of competition in any phase of the electric utility industry involving: (3 ) Houston Lighting & Power Company and/or (2) Texas Power and Light Company and/or (3) Texas Electric Service Com-pany and/or (4) Dallas Power and Light Company; or to any communications between Midwest Electric Coop, its agents, or employees and any of the aforementioned entities.
}
- 2. All documents provided to or received from the U.S. Depart-ment of Justice or the U.S. Nuclear Regulatory Commission or any of their consultants or designated witnesses in connection with this pro-ceeding, or the licensing of any nuclear powered electric generation plant. All documents referring or relating to or setting forth meet-ings or conversations with any attorney, consultant, or designated wit-ness for or employee of the U.S. Department of Justice or U.S. Nuclear Regulatory Commission.
- 3. All documents provided to or received from an attorney for or an employee of: (1) the Public Utilities Board of the City of Browns-ville, Texas; (2) Tex-La Electric Cooperative, Inc.; (3) the Committee on Power for the Southwest; (4) Tex-La of Texas, Inc.; (5) C. H. Guernsey Corporation; (6) Central and Southwest Corporation and/or any of its subsidiaries including without limitation Central Power and Light Com-pany, West Texas Utilities Company, Public Service Company of Oklahoma and Southwestern Electric Power Company; (7) any other party to this proceeding; (8) any municipality, cooperative, government agency, or entity which operates or proposes to operate electric generation, trans-mission, or distribution facilities in any of the States of Texas, New Mexico, Oklahoma, Arkansas, and Louisiana or in the Republic of Mexico; and (9) any designated witness in this proceeding. Any documents refer-ring or relating to or setting forth meetings or conversations with any of the aforementioned entities or individuals.
- 4. All documents referring or relating to or setting forth evalua-tions as to the benefits or detriments of ownership, or any other form of participation, in any nuclear powered electric generating plant by any electric utility, municipal system, electrical cooperative, or com-bination thereof.
- 5. All documents referring or relating to or setting'forth the desirability, feasibility, benefits or detriments of interconnecting the electric systems in the Texas Interconnected Systems and the Electric Reliability Council of Texas and (1) the Southwest Power Pool, and/or (2) Western Systems Coordinating Council.
- 6. All documents referring or relating to or setting forth any adverse effects resulting from the present lack of interconnections between the Texas Interconnected Systems and/or the Electric Reliability Council of Texas with (1) the Southwest Power Pool and/or (2) the Western S1' stems Coordinating Council.
. 1 i g 9.
5,
- 7. All documents referring or~ relating to or setting forth each. i bulk power supply plan prepared by or for Midwest Electric Coop since -;
January 1, 1973. ;
l' 8. All documents referring or relating to or setting forth each transmissi'on study developed by or for the Midwest Electric Coop ~ in connection with any of the bulk power supply plans covered in item ,
number 7 above, i 1
- 9. All documents referring or relating' to or setting forth corre- .
spondence or contracts between Midwest Electric Coop and any electric i
utility or electric cooperative concerning the purchase and/or sale of l clectric power.
j 10. All documents referring or relating to or setting forth any '
correspondence or contracts between Midwest Electric Coop and any
. electric utility or electric cooperative concerning the purchase and/or l
sale of fuel to be used for the generating of electric power. ,
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Instructions The period of time for which documents are reauested in-cludes the entire period from January 1, 1970 to the date on which documents are made available for inspection, and copying by Houston Lighting & Power Company or its representatives.
Houston Lighting & Power Company requests'that the Keeper of the Records identify the specific reauest or reauests to which each document is responsive. Where possible, the Keeper of the Records is reauested to maintain the intecrity of its filing and recordkecoing systems by producing together documents responsive to this. subpoena which are found together in the Keeper of the Records' files.
If you claim that any document requested hereunder is privileged, with respect to each such document, please i
provide the following:
(a) date; (b) type of document; (c) identity of author and addresses; (d) present location and custodian; (c) any other description necessary to enable the custodian to locate the particular document; (f) the basis for the claimed privilege; and (g) a detailed description of the nature of any judicial orotection alleged to be necessary to protect the privilege or confidential nature of any such document.
" Documents" means, without limiting the generality of its meaning, all or original (or copies where originals are unavailable) and non-identical cooies (whether different from originals by reason of notation made on such copies or otherwise) of all written, recorded or graohic matter, however produced or reproduced, whether or not now in existence, however produced or reproduced, whether or not !
now in existence, of correspondence, telegrams, notes or sound recordings of any type of conversation, meeting or conference, minutes of directors' or committee meetings,
. memoranda, inter-office communications, studies, analyses,
. notes, books, records, reports, summaries and results of-investigations.and tests, reviews, contracts, agreement,-
pamphlets, diaries, calendar or. diary entries,-maps,
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i graphs, charts, statistical records, computer data, or papers similar to any of the foregoing, however denomina-ted, including preliminary versions, drafts or revisions -
of any of the foregoing and any supporting, underlying or preparatory material.
h b RETURM ON SERVICE Received this subpoena at............................on -
...................and on .................at..........
................... served it on the within names.......
...................by delivering a cooy to h.....and tendering to h...the fee for one day's attendance and the mileage allowed by law.
Date.............. 19.... By..........................
Service Fees Travel....................$
Services..................$
Total.....................$
Subscribed and sworn to before me, a..................
this......... day of...............,19.....
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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TI!E ATOMIC SAFETY APD LICENSING BOARD ,
In the Matter of )
) -- ,
IIOUSTON LIGilTING & POWER COMPANY, ) Docket Nos. 50-498A et al. ) 50-499A
)
i (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) ) ,
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CERTIFICATE OF SERVICE i i
l I IIEREDY CERTIFY that copies of the foregoing: ,
llOUSTON LIGIITING & POWER COMPANY'S MOTION TO COMPEL PRODUCTION OF l
DOCUMENTS SUBPOENAED FROM TIIE FILES OF TIIE SOUTilWEST TEXAS ELECTRIC COOPERATIVE and llOUSTON LIGi! TING & POWER COMPANY'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS SUBPOENAED FROM Tile FILES OF Ti!E MIDV"<T ELECTRIC COOPERA- {
TIVE were served upon the following persons, by hand , or by deposit in j i
i the United States Mail, first class postage prepaid, this 26th day of March 1980.
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- Marshall'E. Miller, Esquire Frederic D. Chanania, Esquire c g' U.S. Nuclear Regulatory Commission Michael B. Blume, Esquire 1 Washington, D.C. 20555 Ann P. Hodgdon, Esquire U.S.-Nuclear Regulatory Commission
- Michael L.-Glaser, Esquire Washington, D.C. 20555 1150 17th Street, N.W. ;
Washington, D.C. 20555 Roff Hardy Chairman and Chief Executive
- Sheldon J. Wolfe, Esquire Officer U.S. Nuclear Regulatory Commission . Central Power and Light Company
- Washington, D.C. 20555 Post Office Box 2121 Corpus Christi, Texas 78403 Atomic Safety and Licensing Appeal Board Panci G.K. Spruce, General Manager U.S. Nuclear Regulatory Commission City Public Service Board Washington, D.C. 20555 Post Office Box 1771 San Antonio, Texas 78203
- Chase R. Stephens, Supervisor (20)
Docketing and Service Branch Mr. Perry G. Brittain U.S. Nuclear Regulatory Commission President Washington, D.C. 20555 Texas Utilities Generating Company 2001 Bryan Tower Mr. Jerome D. Saltzman Dallas, Texas 75201 Chief, Antitrust and Indemnity i Group G.W. Oprea, Jr.
U.S. Nuclear Regulatory Commission Executive Vice President Washington, D.C. 20555 Houston Lighting & Power Company Post Office Box 1700 l
J. Irion Worsham, Esquire Houston, Texas 77001 Merlyn D. Sampels, Esquire Spencer C. Relyea, Esquire R.L. Hancock, Director Worsham, Forsyth & Sampels City of Austin Electric Utility 2001 Bryan Tower, Suite 2500 Post Office Box 1086 Dallas, Texas 75201 Austin, Texas 78767
, Jon C. Wood, Esquire Joseph Gallo, Esquire d
Matthews, Nowlin, Macfarlane Robert H. Loeffler, Esquire ;
& Barrett David M. Stahl, Esquire 1500 Alamo National Building Isham, Lincoln & Beale San Antonio, Texas 78205 1120 Connecticut Avenue, Suite 325.
Washington, D.C. 20036
( Charles G. Thrash, Jr., Esquire E.W. Barnett, Esquire .
Michael I. Miller, Esquire Theodore P. Weiss, Esquire James A. Carney, Esquire i Sarah Welling, Esquire J. Gregory Copeland, Esquire Baker & Bq.t ts Martha E. Gibbs, Esquire 3000 One Shell. Plaza Isham, Lincoln &-Beale Houston, Texas 77002 One First National Plaza Suite 4200 R. Gordon Gooch, Esquire Chicago, Illinois. 60603 Steven R. Hunsicker, Esquire Baker'& Botts 1701 Pennsylvania Avenue Washington, D.C. 20006-
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h Don R. Butler, Esquire . David A. Dopsovic, Esquire 211 East Seventh Street Frederick H. Parmenter, Esquire Austin, Texas 78701 Susan B. Cyphert, Esquire Nancy A. Luque, Esquire Mr. William C. Price Robert Fabrikant, Esquire Central Power & Light Company Energy Section Antitrust Division Post Office Box 2121 U.S. Department of Justice Corpus Christi, Texas 78403 P.O. Box 14141 Washington, D.C. 20044 Mr. G. Holman King West Texas Utilities Company Morgan Hunter, Esquire Post Office Box 841 Bill D. St. Clair, Esquire Abilene, Texas 79604 McGinnis, Lockridge & Kilgore Fifth Floor Jerry L. Harris, Esquire Texas State Bank Building Richard C. Balough, Esquire 900 Congress Avenue City of Austin Austin, Texas 78701 Post Office Box 1088 Austin, Texas 78767 W.S. Robson General Manager Joseph B. Knotts, Jr., Esquire South Texas Electric Cooperative, Nicholas S. Reynolds, Esquire Inc.
C. Dennis Ahearn, Esquire Route 6, Building 102 Debevoise & Liberman Victoria Regional Airport 1200 Seventeenth Street, N.W. Victoria, Texas 77901 Washington, D.C. 20036 Robert C. McDiarmid, Esquire Don H. Davidson George Spiegel, Esquire City Manager Robert A. Jablon, Esquire City of Austin Marc R. Poirier, Esquire P.O. Box 1088 Spiegel & McDiarmid Austin, Texas 78767 2600 Virginia Avenue, N.W.
Suite 312 Jay Galt, Esquire Washington, D.C. 20037 Looney, Nichols, Johnson & Hays 219 Couch Drive Kevin B. Pratt Oklahoma City, Oklahoma 73102 Texas Attorney General's Office Post Office Box 12548 Knolant J. Plucknett Austin, Texas 78711 Executive Director Committee on Power for the South- William H. Burchette, Esquire west, Inc. Frederick H. Ritts, Esquire 5541 East Skelly Drive ~ Law Offices of Northcutt Ely' Tulsa, Oklahoma- 74135 Watergate 600 Building Washington, D.C. 20036 John W. Davidson, Esquire Sawtell, Goode, Davidson &-Tioili Tom W. Gregg, Esquire 1100 San Antonio Savings Building Post Office Box Drawer 1032 San Antonio, Texas 78205 San Angelo, Texas 76902 Douglas F. John,.Escuiro Leland F. Leatherman,' Esquire McDermott, Will and Emery .McMath, Leatherman & Woods, P.A.
1101 Connecticut Avenue, N.W. 711 West Third Street' Suite z l201 .Little Rock, Arkansas 72201 Washington,-D.C. 20036 s
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p Paul W. Eaton, Jr., Esquire Hinkle, Cox, Eaton, Coffield & Hensley 600 Henkle Building Post Office Box 10 Roswell, New Mexico 88201 Robert M. Rador, Esquire Conner, Foore & Corber 1747 Pennsylvania Avenue, N.M.
Washington, D.C. 20006 W.N. Woolsey, Esquire Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower Corpus Christi, Texas 78474 Donald M. Clements, Esquire Gulf States Utilities Company Post Office Box 2951 Beaumont, Texas 77704 Dick Terrell Brown, Esquire 800 Milam Building San Antonio, Texas 78205
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