ML19309C653
| ML19309C653 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/27/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | HOUSTON LIGHTING & POWER CO. |
| References | |
| NUDOCS 8004090126 | |
| Download: ML19309C653 (3) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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oocKETED
'h THE ATOMIC SAFETY AND LICENSING BOARD USNRC Marshall E. Miller, Esquire, Chairman DI' MAR 2 71980 > T4 Michael L. Glaser, Esquire, Member
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%%,4 Sheldon J. Wolfe, Esquire, Member 01 In the Matter of
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y
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HOUSTON LIGHTING & POWER COMPANY, et al.
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Docket Nos. 50-498A (South Texas Proj ect,
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50-499A Units 1 and 2)
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TEXAS UTILITIES GENERATING COMPANY, et al. )
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Docket Nos. 50-445A (Comanche Peak Steam Electric Station,
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50-446A Units 1 and 2)
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ORDER (March 27, 1980)
On March 21, 1980, Houston Lighting and Power Company (HL&P) filed a Motion to Quash Subpoena of Mr. Glenn W. Stagg.
On March 26, 1980, the NRC Staff and the Department of Justice (Justice) filed a joint motion in opposition thereto.
In its Motion to Quash, HL&P relies upon prior rulings wherein we have held that certain documentation was not subj ect to discovery --
ie. the studies of non-testifying outside consultants furnished to counsel, and documentation reviewed by a corporate officer in his capacity as an officer directing litigation and which he did not intend to rely upon in his testimony.
(See Order of March 13, 1980,
- p. 2)
HL&P asserts that Mr. Stagg's only contact with this proceed-ing is as a non-testifying advisor to HL&P's attorneys and corporate officers directing this litigation.
However, this assertion is 8004090126
- inaccurate.
Mr. Robert McCuistion, HL&P's Vice-President of Engineering, te'stified that in addition to Mr. Simmonsb! and to HL&P's attorneys, he (McCuistion) and Mr. Kermit Williams participate in the determination of the scope of Mr. Stagg's work which is used for planning purposes with regard to various electrical operations, and that Mr. Stagg has communicated in writing with him (McEuistion) and Mr. Williams.
(Deposition, January 29, 1980, pps. 153-55, 161-63)
Further, HL&P represents that none of Mr. Stagg's studies were pre-
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pared in connection with this proceeding, that it has no intention to rely in this proceeding on any of Mr. Stagg's work, and it has no intention to call upon Mr. Stagg as an expert witness.
- However, Mr. D. E. Simmons has testified that he did not know if he was going to rely on the Stagg Study in his future testimony in any form.
(Deposition, February 7, 1980, p. 16).
Quite obviously there may be matters in the Stagg Studies.which may be relevant and material in the instant proceeding, and, in light of Mr. Simmons' uncertainty, the. Staff and the Department of Justice are entitled to ask M:. Stagg f
about his work performed for HL&P.
bI Mr. D. E. Simmons is the Corporate Officer who will be HL&P 's j
expert witness and also is involved in directing the instant litigation.
See HL&P's Response to NRC Staff's Motion for Recon-sideration dated April 30, 1979, at p. 2.
4.
- Clearly, our prior rulings upon exceptions to discovery do not apply here.
HL&P's Motion to Quash Subpoena is denied.
It is so ordered.
FOR THE ATOMIC SAFETY AND LICENSING BOARD h
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Sheldon ( Wolfe,' Acting Chairman Dated at Bethesda, Maryland this 27th day of March 1980.
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