ML19309C734

Discovery Rept for Feb 1980.Deposed W Taylor,M Hebb,De Simmons & El Watson.Participated in Depositions Noticed by TX-LA Electric Cooperative & City of Brownsville,Tx.Reviewed Diamond Shamrock Documents.Filed Application for Subpoenas

ML19309C734
Person / Time
Site:	South Texas, Comanche Peak, 05000449
Issue date:	03/05/1980
From:	Cyphert S, Parmenter F JUSTICE, DEPT. OF
To:
References
NUDOCS 8004090204
Download: ML19309C734 (5)

Text

< . . ORTG2uAL UNITED STATES OF AMERICA 0' NUCLEAR REGULATORY COMMISSION fj . , , , . , ,

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3 BEFORE THE ATOMIC SAFETY AND LICENSING BO ^2

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Ub MAR 10 G3Co 'C; 05:3 of the Se::etay

) 6 CWCnIb 2mics ,

c C:trr.h In the Matter of ) 64d2

) D G HOUSTON LIGHTING AND POWER ) nocket Nos. 50-498A CO, et al (South Texas ) 50-499A Project, Units 1 and 2) )

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TEXAS UTILILTIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanche Peak Steam ) $0-446A Electric Station, Units 1 )

and 2) )

)

REPORT OF THE DEPARTMENT OF JUSTICE - FEBRUARY, 1980 Pursuant to the Order dated June 21, 1978, issued by the Atomic Safety and Licensing Board (" Board"), the Department of Justice (" Department") hereby submits this Report on the progress made in completing discovery during the month of February, 1980.

During the month of February the Department was involved in the following deposition schedule. The Department deposed:

Name Date Place Wesley Ta~ylor, III February 1, lorn na llas, Texas Maurice Hebb February 7, 1980 Houston, Texas D. Eugene Simmons February 7, 1980 Houston, Texas Abraham Gerber February 7-8, 1980 Washington, D.C.

Robert T. Sweatman February 15, 1980 Austin, Texas George Beams February 26, 1980 Dallas, Texas E.L. Watson February 27, 1980 Dallas, Texas Bernard Newman February 29, 1980 Dallas, Texas

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Date Place Name February 29, 1980 Dallas, Texas Joe Nelson The Department in conjunction with the NRC Staf f ("Staf f"),

jointly deposed:

Date Place Name E. Dale Scarth February 12-13, 1980 Dallas, Texas The Department participated with Tex-La of Texas Cooperatives, Inc. in the deposition of:

Date Place Name February 20, 1980 Dallas, Texas Michael Ozymy The Department participated in a deposition noticed by the ,

City of Brownsville.

Date Place Name Silas Phillips February 27-28, 1980 Dallas, Texas The Department also participated in the following depositions ,

and jointly noticed by Houston Lighting and Power Company ("HL&P")

Texas Utilities Generating Company:

Date Place Name a

February 1, 1980 Fort Worth, Texas Johnnie Ammons February 7-8, 1980 Washington, D.C John Wilson February 19, 1980 Dallas, Texas George C. Campbell .

February 20, 1980 Dallas, Texas Val Robertson February 21, 1980 Dallas, Texas Elton McGinnis February 22, 1980 Dallas, Texas Morris Howard February 26, 1980 Dallas, Texas Martin E. Fate, Jr.

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John Turk February 27, 1980 Dallas, Texas John McKelvy, Esquire February 28, 1980 Wichita Falls, Texas R.A. Yarbrough February 28, 1980 Wichita Falls, Texas In addition the Department reviewed numerous documents this month. The Department reviewed the files of: (1) Diamond Shamrock Corporation in Cleveland, Ohio, on February 4, 1980; (2) Gulf State Utilities in' Beaumont, Texas on February 6, 1980; and (3) Dow Chemical Corporation in Freeport, Texas, on February 7-8, 1980.

Counsel for HL&P and TUGCO inspected documents in'the Washington, D. C. offices of the Department on February 5-6, 1980.

Finally, numerous pleadings were also filed with the Board this month. On February 1, 1980, the Department filed:

(1) " Fourth Supplemental Response of the Department of Justice to the Second Set of Interrogatories and Requests for Production of Documents from Houston Lighting and Power Company to the Antitrust Division, U.S. Department of Justice;" (2) " Supple-mental Response of the Department of Justice to the Third Set of Interrogatories and Requests for Production of Documents from Houston Lighting & Power Company to Antitrust Division, U.S. Department of Justice 1/;" and (3) "Second Supplemental 1/ On February 12, 1980, HL&P filed " Motion to Compel Further Response by the Department of Justice to Houston's First Set of Interrogatories and Requests for Production of Documents."

(Cont. on next page.)

Response of Department of Justice to Houston Lighting & Power Request for Production Company's First Set of Interrogatories &

of Documents and November 30, 1979 Motion to Compel."

(4) " Response On February 4,1980, the Department filed:

of Department of Justice to Fourth Set of Interrogatories &

Request for Production of Documents from Houston Lighting &

Power Company to Antitrust Division, U.S. Department of Justice;"

and (5) " Response of Department of Justice to Motion of Houston Lighting

& Power to Compel Production of Draf t Testimony William E. Scott." 1/

filed an application with On February 5, 1980, the Department the Board for Issuance of Supboenas.

On February 28, 1980, the Department filed: (6) " Joint Motion of the Department of Justice and the Nuclear Regulatory Commission Staf f for Modification of Board's Order Regarding Protection of Settlement Discussion and for an Order to Compel Production of Certain Documents & Testimony;" (7) " Motion of the Department of Justice to Compel Texas Utilities Companies and HL&P reached an I

1/ (Cont.) Counsel for the Department agreement regarding certain matters raised by that Motion.

This 20, agreement was communicated toJ the r . , Wa Board sh- in a F 1980, letter to the Board f rom J. A. Bouknight, ington counsel for HL&P.

r testi-l the Department produced all draf t 1/ On February 20, 1980, l

mony and work papers of William E. Scott to HL&P.

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to Supplement Its Response to the Department's First Set of Interrogatories and Request for Production of Documents;" (8)

" Motion of the Department of Justice to Compel Houston Lighting

& Power to Supplement Its Response to the Department's First Set of Interrogatories & Request For Production of Documents;"

and (9) " Joint Application of the Departmer.t of Justice and the NRC Staf f for Issuance of Subpoena, and Limited Extension of Time for Completion to Expert Testimony".

On February 29, 1980, the Department also filed " Motion for Protective Order" in connection with certain documents subpoenaed from the Diamond Shamrock Corporation, an industrial customer of HL&P.

Respectfully submitted, M

Susan Braden Cyphert Gr' Frederick H. Parmenter

. David A. Dopsovic Nancy Luque Attorneys Energy Section Washington, D.C.

(Telephone: (202) 724-6667)

March 5, 1980 t

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