ML19312D404
| ML19312D404 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/13/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | HOUSTON LIGHTING & POWER CO. |
| Shared Package | |
| ML19312D405 | List: |
| References | |
| NUDOCS 8003240342 | |
| Download: ML19312D404 (3) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l E
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Cgy jfqy THE ATOMIC SAFETY AtlD LICENSING BOARD Marshall E. Miller, Esquire, Chairman
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-Michael L. Glaser, Esquire, Member
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6 p".
Sheldon J. Wolfe, Esquire, Member In the Matter of
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. HOUSTON LIGHTING & POWER COMPANY, et al.
Docket Nos. 50-498A
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50-499A (South Texas Project
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C Units 1 and 2) m TEXAS UTILITIES GENERATING COMPANY, et al.
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Occket Nos. 50-445A
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50-446A (Comanche Peak Steam Electric Station, Units 1 a d 2)
ORDER (March 13, 1980)
I.
On March 5, 1980, HL&P filed a Motion To Compel Further Production By The NRC Staff And Its Expert Witness. On March 11, 1980, the NRC Staff filed its Response.
HL&P requests that Staff and Transcom be compelled to provide full responses to paragraphs 1, 3, 6-8, and 10-15 of HL&P's February 1 subpoena duces tecum to Transcom, to HL&P's Fourth Set of Interrogatories to the Staff, and to HL&P's First Set of-Requests for Production to the Staff.
HL&P asserts that the Staff has declined to produce fully the documents prepared by the staff of Trans-ccm, Inc. and which had been reviewed by the NRC Staff's expert economic witness, Dr. Norman D. Lerner, President of Tr&nsccm. Inc. HL&P seeks production of
'these documents in connection with Dr. Lerner's impending deposition scheduled for March 17-18, 1980.
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Referring to its Motion To Modify Subpoena filed on February 25, 1980,
]/ See heading II, infra.
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.2-the NRC Staff states that it has made available to HL&P all documents in
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LTranscona's files which Dr.: Lerner had prepared..seen, reviewed and relied upon in the course.of his work for the NRC Staff. as an expert witness.
The
-NRC-Staff argues that documents prepared by Transcomm's. staff are not subject to discovery'because.(1) Or Lernerf has.not seen, reviewed, and relied upon such
' documents, and (2) the Board has ruled in the past that the work of non-testify-Ling outside consultants was non-discoverable. The Staff's arguments are not
. well-taken.
Ouring the forthcoming deposition, HL&P is entitled to have in hand documents prepared by Transcomm's staff and to ask Dr. Lerner directly whether he had seen, reviewed and relied upon each such document. The instant
. proceeding _is only in the discovery phase - we are not herein ruling or even indicating that the documents prepared by Transcomm's staff are or will be admissible in the forthcoming evidentiary hearing.
Further, our prior Orders are not inconsistent with the instant ruling.
In our Orders of April 16 and May 7,,1979, we merely held that the' studies of non-testifying outside consul-
-tants furnished to counsel come under a subcategory of an attorney's work product privilege.and thus are not subject to discovery.
In our prior Orders of May 7 and October '25,1979, because it would be improper to permit dis-closure of. an' adversary's preparation for trial, we held that documentation,
- reviewed by a corporate officer.in his capacity as an officer d' recting litiga-i tion and which he did not intend to rely upon 'n.his testimony, was not
. producible.
Applicant's Motion To. Compel Further-/roduction -is -granted to the extent consistent'with our ruling.under heading ".I, infra.
Staff shall make available
- the documentation on or before~ March 15, 1980.
1 II.
On February 25, 1980, the NRC Staff filed a Motion To Modify Subpoena.
Therein, Staff requested modifications to the subpoena addressed to the Keeper of Records. Transecmm, Inc., and which was. issued on February 1, 1980. As part of its Motion To Ccmpel, discussed under I, supra, HL&P v esponded to the Motion To. Modify Subpoena.
Staff's arguments in suppor; of the instant Motion are identical to those advanced in Staff's Response of March 11, 1980, and which were ruled upon under I, suora. Accordingly,- the instant motion is denied. Of course, Staff need not produce documentation previously furnished to HL&P. We trust that, to the extent HL&P interrogatories and subpoena requests overlap, Staff and HL&P will be able to arrive infomally at an amicable arrangement.
FOR THE ATCMIC SAFETY AND LICENSING BOARD O!!="
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-Sheldon J. WUffe, Esquire Acting Chairman Dated at Bethesda, Maryland this 13th day.of March,1980.