ML19309F785

Response in Opposition to Public Utils Board of City of Brownsville,Tx 800331 Motion to File Affidavit Amicus Curiae.Motion Bears No Relation to Discovery Issues Re Settlement Negotiations

ML19309F785
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	04/09/1980
From:	Bouknight J, Green D HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML19309F786	List: ML19309F785 ML19309F789 ML19309F799 ML19309F803
References
NUDOCS 8005010215
Download: ML19309F785 (4)

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k9 8005010 11 il i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

)

HOUSTON LIGHTING & POWER ) Docket Nos. 50-498A COMPANY, et al. ) 50-499A

)

(South Texas Project, Units 1 )

and 2) )

)

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY, et al. ) 50-446A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

RESPONSE OF HOUSTON LIGHTING &

POWER COMPANY TO MOTION FOR LEAVE TO FILE AFFIDAVIT BY BROWNSVILLE AS AMICUS CURIAE On March 31, 1980, the Public Utilities Board of the City of Brownsville, Texas [ PUB), submitted a " Motion for Leave to Pile Af fidavit By Brownsville As Amicus Curiae."

The predicate for PUB's motion is the express representation that the private parties "have reached an agreement of settlement,"

and the implicit representation that there are no further settlement discussions in progress which could be affected by stripping confidentiality from the settlement documents in question. (Motion at 2-3.)

Both of these representations are simply wrong. Houston Lighting & Power Company - (Houston) , Texas Utilities Generating i

u a con olo 219 L

i Company (TU) and Central and South West Corporation (CSW) have agreed upon principles which would settle the differ-ences among them in these proceedings and in other forums, and Houston is optimistic about the prospects of moving from this stage to a final and binding settlement agreement. But the plain fact is that such a settlement agreement has not yet been consummated, and there is nothing to be gained by attempt-ing to characterize further the likelihood that a settlement will te consummated. If and when a settlement is consummated, a settlement agreement will be filed with the Board.

Moreover, the circle of negotiations has been widened to include all parties who wish to participate, including the NRC Staff, and these negotiations are continuing, as PUB is quite well aware. On April 2, 1980, the Staff, Houston, TU, CSW and all of the active non governmental parties to this litigation except PUB, moved the Licensing Board for a thirty-day extension of time in order to facilitate these settlement discussions.b! The PUB, in a pleading it evidently elected not to file with this Appeal Board, vigorously opposed this motion. ! " Opposition By Brownsville to Joint Motion For Exten-sion of Time and Request For Prehearing Conference" (April 3, 1980) (Copy annexed as Exhibit B) .

b! Copy annexed as Exhibit A. The Department of Justice elected not to take a position on the matter. See pleading filed April 4, 1980.

2/ The Certificate of Service annexed to this pleading indicates that none of the members of this Appeal Board were served therewith.

1 - --

PUB's pleading to the Licensing Board makes two things perfectly clear: (1) there are obviously important settlement negotiations underway; and (2) PUB is committed to attempting to derail them.

Indeed, it was in the context of inquiring into PUB's desire to participate in the interconnection arrangements involved in the continuing settlement negotiations that PUB was apprised, shortly before the March 27 oral argument, of the status of these discussions. Of the many electric utilities who have been approached within the preceding weeks, only PUB has responded by publicizing and opposing the discussions. These actions make it evident that PUB perceives few if any limits to the measures it may take to utilize whatever knowledge it may obtain about the settlement negotiations to advance its position on the merits.

In sum, PUB's motion amounts to heat without light. The status of settlement negotiations is precisely as counsel represented in the oral argument. PUB's motion bears no rela-tion to any of the discovery issues briefed and argued. Rather, it is plain that PUB seeks the settlement documents specifically s

to learn the analyses and thought processes of the negotiating parties for use either to destroy the settlement process or obtain leverage for use at trial or in bargaining.

l Ilouston urges that PUB's motion be denied.

I Respectfully submitted, n, k, .. ,k, ,

t J. A. Bouknight, Jr. '

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,,,--v s ouglas G. Green Attorneys for Houston Lighting &

Power Company OF COUNSEL:

Baker & Botts 300(> One Shell Plaza 1

Houston, Texas 77002 Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036 i

DATED: April 9, 1980 i

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. w.6uan A monen m.cmosas s. msemo6cs ca6s s.mo66am ointcT otaL e.cma.o c. enowns casav6 6,m= wi6uaus (202)857-9831 April 2, 1980 Marshall E. Miller, Esq. Michael L. Glaser, Esq.

U.S. Nuclear Regulatory 1150 17th Street, N.W.

Commission Washington, D.C. 20036 Washington, D.C. 20555 Sheldon J. Wolfe, Esq.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Houston Lighting and Power Co., et al, (South Texas Project, Units 1 and 2) Docket Nos. 50-498A, 50-499A and Texas Utilities Generating Company, et al, (Comanche Peak Steam Electric Station, Units 1 and 2)

Docket Nos. 50-445A and 50-446A Gentlemen:

The within motion for an extension of time is joined in by all of the parties to the proceeding except the Department of Justice and The City Public Utilities Board of Brownsville, Texas. Since it calls for extension of procedural dates, some of which are imminent, we would appreciate your action on this motion at your very earliest opportunity.

' erely, r

' n. e /.

dosepn B. Knotts) Jr.

Q oMnsel to Texas Utilities Generating Company cc: Service List l .

D0?

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l

In the Matter of:

HOUSTON LIGHTING & POWER ) Docket Nos. 50-498A COMPANY, _et _al ) 50-499A

)

(South Texas Project, Units )

1 and 2) )

)

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY, _et _a1 ) 50-446A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

JOINT MOTION OF THE STAFF OF THE COMMISSION, CENTRAL AND SOUTH WEST CORPORATION, HOUSTON LIGHTING & POWER COMPANY, TEXAS UTILITIES GENERATING COMPANY, THE CITY OF AUSTIN, THE CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, THE STEC-MEC ELECTRIC COOPERATIVES, AND TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC., FOR A 30-DAY EXTENSION OF TIME The Staff of the Nuclear Regulatce Commission, Central and l l

South West Corporabion, Houston Lighting 2 Power Company, Texas Utilities Generating Company, The City of Austin, The City Public j l

Service Board of San Antonio, The South Texas Electric Cooperative, .

I The Medina Electric Cooperative and Tex-La Electric Cooperative l of Texas, Inc., pursuant to S2.759 of the Commission's regu- l l

r lations, hereby respectfully move the Board for a 30-day extension I

l of time in the instant proceedings. This motion is based on the progress of very meaningful settlement negotiations among certain i pri ution of part or all l

l DUPLICATE DOCUMENT of it to the Board that su Entire document previously entered .

11 serve the interests nto system under:

ANO f y/f (( 7 No. of pages: 7 OMN\ b7

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