ML19309C651
| ML19309C651 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/28/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | HOUSTON LIGHTING & POWER CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| References | |
| NUDOCS 8004090123 | |
| Download: ML19309C651 (2) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9'
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i Alan S.
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In the Matter of
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HOUSTON LIGilTING & POWER COMPANY,
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Docket Nos. 50-498A
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50-499A (South Texas Project, Units 1 and 2) )
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TEXAS UTILITIES GENERATING COMPANY,
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Docket Nos. 50-445A et al.
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50-446A
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(Comanche Peak Steam Electric
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Station, Units 1 and 2)
)
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ORDER March 28, 1980 Thus far, in connection with the dispute underlying the pending petit:.ons for directed certification, the written and oral arguments presented touch on a number of issues, among which there may be a complex interplay.
But at bottom the resolution of the dispute may turn, at least to some extent or for certain time periods, on whether the law governing discovery generally recognizes the existence of any " settlement privilege".
Yet, in their papers before the Licensing Board and before us, 8004090123
. none of the parties has furnished extensive authority for or against the existence of such a privilege.
When queried about the reason for this, counsel indicated that little such au-thority existed.
This may be true.
Nonetheless, because it may prove to be important to our ultimate decision, all parties are hereby given one week to furnish us any additional authority (reported de-cisions, scholarly treatises, law review articles, and the like) bearing on whether the courts do or ought to recognize the ex-istence of a privilege against discovery of documents (contain-ing otherwise discoverable information) because of a relation-ship of one kind or another between those documents and the settlement process.
The additional memoranda called for by this order are to be in our hands by the close of business on Friday, April 4, 1980.
If any authorities relied upon therein are not of the sort that would be readily available to us, copies are to be attached.
If any party, upon examining an opponent's memorandum, l
deems it important to respond, it may do so by the following Wednesday, April 9, 1980.
It is so ORDERED.
FOR THE APPEAL BOARD O.
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C. JeQn Bishop Secrecary to the Appeal Board