ML19321A128
| ML19321A128 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 07/16/1980 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8007220500 | |
| Download: ML19321A128 (1) | |
Text
p as-Q
\\
f a
UNITED STATES j
NUCLEAR REGULATORY COMMISSION y
e4 "y
ATOMIC SAFETY AND LICENSING BOARD PANEL a,
e wAssincron.o.c.20sss j
,.s July 16, 1980 8 0RANDUM TO:
Atomic Safety and Licensing Appeal Board k-Atomic Sarety and LiceMsing Board FROM Houston Lighting and Power Company (South Texas SU3 JECT Proj ect, Units 1 and 2) and Texas Utilities Generating Company (Comanche Peak Steam Electric Station, Units 1 and 2)
On March 7, 1980, this Licensing Board granted the Joint Motion of the Department of Justice and the NRC Staff to compel pro-duction of and testimony about certain documents in the possession of TUGC0 and HL&P.
The movants sought "to obtain any documents which assess the technical feasibility and/or cost of electrical interconnections between TIS /ERCOT and SWPP and to conpel testimony about these documents which may relate to part or all of the anticipated testimony of these potential witnesses" (Motion, p. 2).
In ruling upon this motion, the Licensing Board held that "we dre going to allow the production of the documents which relate to studies or other materials bearing a reasonable relationship to the issue or issues of the feasibility of interconnection, Vnether from the technical, economic or other point of view, insof ar as it touches reasonably upon matters of business justi-fication which have arisen or may arise" (T r. 604).
This matter is now pending before the Appeal Board upon petitions for directed certification and review of our March 7 order.
The Licensing Board wishes to reconsider its March 7 discovery order in the light of very extensive settlement negotiations Vnich were subsequently conducted by all parties and counsel from April 2, 1980 to the present date, by direction of the Licensing -Board and with the explicit encouragement of the Appeal Board.
However, in view of the pendency of an interlocutory request for certification and relief before the Appeal Board, we wish to avoid any questions concerning jurisdiction or comity The matter of reconsideration is therefore brought to the atten-tion of the Appeal Board by this memorandum for appropriate resolution.
go)
O 9 lb 8 007seo FCO