ML19309C296
| ML19309C296 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/27/1980 |
| From: | Blume M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | GULF STATES UTILITIES CO. |
| Shared Package | |
| ML19309C297 | List: |
| References | |
| NUDOCS 8004080420 | |
| Download: ML19309C296 (2) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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MOUSTON LIGHTING & POWER COMPANY
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NRC Docket Nos. 50-498A PUBLIC SERVICE COMPANY OF SAN ANTONIO )
50-499A CITY OF AUSTIN
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CENTRAL POWER AND LIGHT COMPANY
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(South Texas Project, Unit Nos.
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1 and 2)
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TEXAS UTILITIES GENERATING COMPANY,
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NRC Docket Nos. 50-445A et al.
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50-446A (Comanche Peak Steam Electric
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Station, Units 1 and 2)
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APPLICATION FOR ISSUANCE OF SUBP0ENA The NRC Staff, pursuant to the Commission's Rules of Practice,10 CFR 62.720, applies for the issuance of the attached subpoena, which calls for the produc-tion of documents from Gulf States Utilities Co.
The necessity for the subpoena arises due to Gulf States' failure to produce documents responsive to subpoenas previously issued by this Board due to their asserted nature as " settlement documents." The first subpoena, addressed to Mr. A.E. Naylor, at Gulf States, was issued by this Board on July 9',1979 and requested the production of documents relating, among other things, to study of intercon-nections between the Southwest Power Pool and the Texas Interconnected System.
On January 18, 1980 this Board issued a second subpoena addressed to Gulf States Utilities Co., which requested again, among other things, documents relating to the study of interconnections betwesn SWPP and TIS.
In both cases, Gulf States failed to produce the documents for fear of violating the Board's order protecting settisment documents.
This application is submitted in anticipation of a ruling favorable to the l
Staff and the Department of Justice regarding the production of so-called 8 004U 0 0
" settlement documents".by the Atomic Safety and Licensing Appdal 86ard, 8004080, h which has scheduled oral argument on the discoverability of " settlement
documents" for March 27, 1980. This application is submitted prior to the Board's ruling due to the proximity in time of the evidentiary hearing in the above-captioned proceedings, and the resultant necessity to proceed with all dispatch to discover documents withheld under the prior subpoenas.
Thus, Staff respectfully requests the issuance of this subpoena so as to immediately give notice to Gulf States that it will be required to produce
" settlement docurnents" to the extent allowed by the Appeal Board when it rules on this matter.
If the Appeal Board ruling is contrary to the interests of the Staff and the Department of Justice, this subpoena, by its own terms, excuses production of the documents ordered produced.
Respectfully submitted, IL <
LQ[u &
' Michael B.'Blume Counsel for NRC Staff Dated at Bethesda, Maryland this 27th day of March 1980.
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