ML19309D640

Response to Houston Lighting & Power 800219 Motion to Compel Interrogatory Answers by DOJ Re C Stover Proposed Expert Testimony.Doj Has No Addl Info to Provide Except for Facts Stated in This Response.W/Stover Ltr & Certificate of Svc

ML19309D640
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	03/05/1980
From:	Cyphert S JUSTICE, DEPT. OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8004110056
Download: ML19309D640 (8)

Text

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0}-  ?!.AR 101250> L4 Office cf the Sc:mtz.7 Before the Atomic Safety and Licensing Bo E D;;!fr. & E:rd;c c.

< Crrh v In the. Matter of ) IN HOUSTON LIGHTING & POWER )

COMPANY, et al. (South ) Docket Nos. 50-498A Texas Project, Units 1 ) 50-499A and 2) )

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TEXAS UTILITIES GENERATING )

COMPANY, et al. (Comanche ) Docket Nos. 50-445A Peak Steam Electric ) 50-446A Statien, Units 1 and 2) ) .

DEPARTMENT OF JUSTICE RESPONSE TO MOTION OF HOUSTON LIGHTING & POWER COMPANY TO COMPEL THE DEPARTMENT OF JUSTICE TO PROVIDE INTERROGATORY ANSWERS WITH RESPECT TO THE PROPOSED EXPERT TESTIMONY OF CARL STOVER The Department of Justice ( " D epa r tment" ) hereby submits its Response to Motion of Houston Lighting & Power Company to Compel the Department to Provide Interrogatory Answers with Respect to the Proposed Expert Testimony of Carl Stover ("HL&P's Motion"), dated February 19, 1980.

On February 4, 1980, the Department filed its Response to Fourth Set of Interrogatories and Requests for Production of Documents f rom Houston Lighting & Power Company to Antitrust Division, attached hereto as Exhibit A. The Department has no objection to providing its complete knowledge regarding those interrogatories, however, the Department presently has no )

further information to provide at this time other than that set forth herein.

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As HL&P knows, Carl N. Stover is an electrical and indus-trial engineer, employed by C. H. Guernsey, Inc., Oxlahoma City. 1/ Mr. Stover represents a number of cooperatives and municipa.1 systems in Kansas, Colorado, Oklahoma and Texas. 2/

Specially, Mr. Stover has been commissioned by a group of cooperatives which purchase power from West Texas btilities, known as the Mid Texas Generation and Transmission Group 3/

and by cooperatives which purchase power from one of the Texas Utilities Company subsidiaries to perform different engineering services from time to time. In that regard, the Department anticipated that Mr. Stover would be able to provide testimony relevant to these proceedings and therefore the Department listed Mr. Stover as a potential fact witness in its First Response to the Second Set of Interrogatories and Requests for Production of Documents from Houston Lighting & Power Company to Antitrust Division, U.S. Department of Justice, dated April 3, 1979. HL&P and other parties to these proceedings thereafter deposed Mr. Stover on July 24, 1979, to ascertain his knowledge regarding these proceedings.

1/ Deposition of Carl N. Stover (" Stover"), dated July 24, 1979,

p. 6.

2/ Stover at pp. 7-10.

3/ Stover at p. 10.

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The Department has no relationship or understanding witn Mr. Stover as to the substance of his potential testimony other than what was revealed at his July 24, 1979, deposition.

The Department has not sent any documents to Mr. Stover to review in connection with his proposed testimony subsequent to his deposition. A search of the Department's files reveals only one letter from Mr. Stover to the Department, dated April 23, 1979, attached hereto as Exhibit B. Following the deposition of Mr. Stover on July 24, 1979, Mr. Stover provided the Department with two binders which contained answers by his clients to a questionnaire prepared by the Department of Justice. These documents have been produced to HL&P.

In the future, if additional correspondence or documents are exchanged between Mr. Stover and the Department, the Department will make copies of such materials available to HL&P, pursuant to the Board's Order relating to expert witnesses.

Rule 702 of the Federal Rules of Evidence provides:

"If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experi-ence, training, or education, may testify thereto in the form of an opinion or otherwise. " (Emphasis added)

By virtue of Mr. Stover's education, professional background and particular knowledge of some of the issues in tnese proceecings, his potential testimony must be viewed in

the context of an expert. Therefore, the Department specif-ically designates Mr. Stover as both a potential fact and expert witness.

Respectfully submitted, W A Susan Braden Cyphert Washington, D. C.

• Attorney, Energy Section March 5, 1980 Antitrust Division U.S. Department of Justice Telephone: (202-724-6667)

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g .S..? ..'k1 2 Ms. Judith L. Ilarris, Attorney Energy Section, Antitrust Division g '

c3 e United States Department of Justice IN' Kashington, D.C. 20530

Reference:

DAK:JLH 60-415-105

Dear Judy:

I know that you are trying to coordinate meetings with a number of different cooperative groups relative to the Texas Nuclear projects.

Since I last talked with you, a meeting has been set on Friday, May 11th, with a number of the hTU systems. The purpose of the meeting is to discuss some work that I am doing for the group. I asked Don Hart if it would be alright to mention to you the possibility of your visiting with the managers after we have completed our meeting. lie said that would be fine and would just Icave it up to you. I would imagine that I would be finished by noon, and perhaps you would want to meet with them during lunch or right after lunch. I do not believe that all of the managers will be there; I think Don indicated that only the exec-utive committee of the WTU Power Capacity Planning Procurement Group would be present. You can check with Don as to who will attend (915) 928-4715.

Judy, I will Icave it up to you as whether you want to try to meet with the group. The meeting will take place in Merkel, Texas, which is just west of Abilene. I will fly into Abilene between 9:00 and 9:30 that morning and either one of the cooperative managers will pick us up or we will rent a car and drive over to Merkel. You would be welecme to go with us if you wish.

Sincerely, C. H. GUERNSEY f iCO:IPANY

( \ wa" Carl N. Stover, Jr., P.E.

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UNITED STATES OF AiiERICA NUCLEAR REGULATORY COMMISSIOJ

- Before the Atomic Safety and Licensing Board In tne Matter of )

HOUSTON LIGHTING AND POaER ) Docket Nos. 50-498A CO., et al.(South Texas ) 50-499a e*

Project, Units 1 and 2) )

) // coer.s:s:

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A us r- ok COMPANY (Comanene Peak ) 50-446A -

[1 Steam Eleccric Station, ) DE MAR i o ECO> '4 Units 1 and 2) ) Offica of the Se:rst::y g, Doit!::I & S:.'. ice ,

5:r4 v CERTIFICATE OF SERVICE c3 \g

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N I hereby certify that service of the foregoing Department of Justice Response to Motion of Houston Lignting & Power Company to Compel the Department of Justice to Provide Interrogatory Answers with Respect to the Proposed Expert Testimony of Carl Stover has been made on the following parties listed hereto this 5th day of March, 1980, by depositing copies thereof in the United States mail, first class, postage prepaid.

Marshall E. Miller, Esquire Alan S. Rosenthal, Esquire Chairman Chairman Atomic Safety & Licensing Board Michael C. Farrar, Esquire Panel. Thomas S. I4 core, Esquire U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D. C. 20555 U.S. Nuclear Regulatory Commission hichael L. Glaser, Esquire Washington, D. C. 20555 1150 17th Street, N.W.

Washington, D. C. 20036 Jerome E. Snarfman, Esquire U.S. Nuclear Regulatory Sneldon J. Wolfe, Esquire Commission Atomic Safety & Licensing Board Washington, D. C. 20555 Panel U.S. Nuclear Regulatory Chase R. Stephens, Secretary Commission Docketing and Service Branch Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D. C. 20555 Office of the Secretary of the Commission Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555

.L . Wil'.iam C. Price Michael Blume, Esquire Central Power & Light Co. Fredric D. Chanania,'Esq.

P. O. Box 2121 Ann P. Hodgdon, Esq.

Corpus Christi, Texas 78403 U.S. Nuclear Regulatory Commission G. K. Spruce, General Manager Washington, D. C. 20555 City Public Service Board P.O. Box 1771 Jerry L. Harris, Esquire San Antonio, Texas 78203 City Attorney, Richard C. Balough, Esquire Perry G. Brittain Assistant City Attorney President City of Austin Texas Utilities Generating P.O. Box 1088 Company Austin, Texas 78767 2001 Bryan Tower Dallas, Texas 75201 Robert C. McDiarmid, Esquire Robert A. Jablon, Esquire R.L. Hancock, Director Spiegel and McDiarmid.

City of Austin Electric 2600 Virginia Avenue, N.W.

Utility Department Washington, D. C. 20036 P. O. Box 1088 Austin, Texas 78767 Dan H. Davidson City Manager G. W. Oprea, Jr. City of Austin Executive Vice President P. O. Box 1088 Houston Lighting & Power Austin, Texas 78767 Company P. O. Box 1700 . Don R. Butler, Esquire Houston, Texas 77001 1225 Southwest Tower Austin, Texas 78701 Jon C. Wood, Esquire G. Roger wilson, Esquire Joseph Irion Horsham, Esquire Matthews, Howlin, Macfarlane Merlyn D. Sampels, Esquire

& Barrett Spencer C. Relyea, Esquire 1500 Alamo National Building Worsham, Forsythe & Sampels San Antonio, Texas 78205 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 David M. Stahl, Esquire Isham, Lincoln & Beale Josepn Knotts, Esquire Suite 701 Nicholas S. Reynolds, Esquire 1050 17th Street, N.h. Debevoise & Liberman Washington, D. C. 20036 1200 17th Street, N.n.

Washington, D. C. 20036 Michael I. Miller, Esquire James A. Carney, Esquire Douglas F. John, Esquire Saran N. Welling, Esquire Akin, Gump, Hauer & Feld Isham, Lincoln & Beale 1333 New Hampshire Avenue, N.U.

4200 One First National Plaza Suite 400 1 Cnicago, Illinois 60603 Wasnington, D. C. 20036 l

Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A. Douknigh t , Esquire 5th Floor, Texas State Bank hilliam J. Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 10 25 Connecticu t Avenue, N.W.

Washington, D. C. 20036 Jay M. Galt, Esquire Looney, Nichols, Johnson E. W. Barnett, Esquire

& Hayes Charles G. Thrash, Jr., Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F. Weiss, Jr., Esquire Baker & Botts Knoland J. Plucknett 3000 One Shell Plaza Executive Director Houston, Texas 77002 Committee on Power for the Southwest, Inc. Kevin B. Pratt, Esquire 5541 East 3 kelly Drive Assistant Attorney General Tulsa, Oklahoma 74135 P.O. Box 12548 Capital Station John U. Davidson, Esquire Austin, Texas 78711 Sawtelle, Goode, Davidson

& Tioilo Frederick H. Ritts, Esquire 1100 San Antonio Savings Law Of fices of Nortncutt Ely Building Watergate 600 Building San Antonio, Texas 78205 Washington, D.C. 20037

h. S. Robson Donald M. Clements, Esq.

General Manager Gulf States Utilities Company South Texas Electric P.O. Box 2951 Cooperative, Inc. Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co.

P. O. Box 841 Robert M. Racer, Esquire Abilene, Texas 79604 Conner, hoore & Corber 1747 Pennsylvania Ave., N.W. W. N. hoolsey, Esquire Washington, D.C. 20006 Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Steven R. Hunsicker Baker & Botts 1701 Pennsylvania Avenue, N.w.

washington, C. C.

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20006 ' Susan B. Cyphert, Attorney Energy Section Antitrust Division Department of Justice

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Before the Atomic Safety and Licensing Board 6 OcA;;7fj~ 7 [

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-v i l o' In the Matter of )

HOUSTON LIGHTING & POWER Docket Hos. 50-498A COMPANY, et al. (South )

50 Texas Project, Units 1 )

. . -499A and 2) )

) -

TEXAS UTILITIES GENERATING )

COMPANY, et al. (Comanche } Docket Nos. 50-445A l

)

50-446A Peak Steam Electric

- Station, Units 1 and 2) )

l RESPONSE OF DEPARTMENT OF JUSTICE TO FOURTH SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COMPANY TO ANTITRUST DIVISION, U.S. DEPT. OF JUSTICE The Department of Justice (" Department") hereby submits its Respo'nse to Interrogatories propounded by Ho,uston Lighting

& Power Company ("HLLP"). 1/ The answers and information provided herein are complete to the Department's information j and belief as of February 4, 1980. The Department, however, , l reserves its right pursuant to Section .2.740(e) of the Nuclear Regulatory Commission's Rules of Practice to supplement or amend these Responses prior to trial to include any additional I

inf ormation which may become available. ,

DUPLICATE DOCUMENT r Production into system under:

ny to Antitrust of Document y 21, 1980.

gg 1/ Fourth SLEntire d Division, U p

No. of pages:

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