ML19322E293
| ML19322E293 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 02/11/1980 |
| From: | Blume M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Copeland J, Green D BAKER & BOTTS, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| Shared Package | |
| ML19322E289 | List: |
| References | |
| NUDOCS 8003270117 | |
| Download: ML19322E293 (2) | |
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NUCLEAR REGULATORY COMt.11SSION
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8 February ll,1980 EXPRESS MAIL I
J. Gregory Copeland. Esq.
Baker and Botts 3000 One Shell Plaza Houston, Texas 77002 HAND DELIVER s
Douglas G. Green, Esq.
$({g gg Lowenstein, Newman, Reis,
\\yb Axelrad & Toll 102S. Connecticut Avenue, N.W.
9 Washington, D.C.
20036 Re:
Houston Lighting & Power Company, et al., (South Texas Project.
Units 1 and 2), Docket Nos. 50-498A and 50-499A; Texas Utilities Generating Comoany, et al., (Corarche Peak Steam Electric Station, Units 1 & 2, Docket Nos.
50-445A and 50 aa6A Gentlemen:
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0n January
.,1930 I confirmed Staff's belief that there are outstar. ding discovery requests to HL&P requiring the production of documents relating both to HL&P's purchase or lease of lionite deposits from Dow Chemical and Houston's negotiations for generation additions.
In the conference call of January 25,
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1980, Chairman Miller ordered PL%P to oroduce documents relating to the HL&P/Dow lignite transaction within one week, that is, until February 1,1980, or come forward witnin that time with a proposed protective order to shield the confi-dentiality cf those documents.
Staff has, to cate, received neither the documents in question nor any proposed protective order.
Instead, 5taff received a letter dated February 6,1980, which explains that HLLP's contract with Dow prohibits disclosure of this information.
This does not constitute compliance with Chairman Miller's order.
The second issue discussed in the conference call of January 25th related to negotiations between HL&P and another unidentified party regarding a joint generating unit.
In my letter of January 25, 1980, I set forth the Staff's position which is and has been that discussions and documents regarding Houston's plans and negotiations for energy and capacity purchases and additions
' are the subject of prior discovery requests by the Staff and are subject to e
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a continuing obligation on Houston to fulfill the requests.
Your offer of February 6th was to respond to Staff's request for cocuments relating to Houston's negotiations and considerations on generation additions two weeks from the date your letter was written.
This would be nearly four weeks subsecuent to the conference call with Chairman Miller.
The Staf f does not consider this as ad-hering to Chairran Miller's order, which accommodated your request to maintain
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the confidentiality of those negotiations in a " critical" stage.
Thus, if Houston i
has any documents relating to its considerations regarding energy purchases or capacity additions, it is under a continuing obligation to produce those documents as well, and must do so immediately.
I hope that we can quickly resolve these problems among ourselves, as factual i
discovery is rapidly drawing to a close.
Thus I hoce to receive by February 13th the focuments responsive to Staff's outstanding requests, or a proposed protective ordte.
This will also confirm Staff's requests of February 7,1980, made to counsel a t the deposition of Mr. D.E. Sim. mons, for:
(1) Document Nos. 207, 208, 238, 242, and 260 identified in Appendix C to th'e July 11,1979 " Motion of the Department of Justice to,
set Production by Houston Lighting & Power Company of Certian Documents Which It Contends Are Privileged." Counsel represented that these documents have either been produced'.-
or will be produced.
(2) All docurents relating to the determination, estimation, or comparison of costs, benefits, or other factors pertaining to interconnections, or possibly interconnecting TIS with SUPP, including all cost estimates for D.C. intercon-nections.
Such dccuments were requested by Staff in Interrogatory No. 3 of Staff's " Third Set of Interrc.,atories and Requests for Production of Documents to HL&P," dated November 26,19/9.
(3) Mr. D.E. Simmons' notes prepared for his presentation in October 1979 regarding direct current interconnections between TIS and S'.JPP.
This request is in response to your offer at Mr. Simmons' deposition of February 7 to produce those notes.
(4) Any analyses, evaluations, or studies relating to Houston's considera-tion of the purchase of energy or capacity out of TU's Forest Grove Unit.
Sta f f's Interrogatory No. 3(d) of its " Third Set" requests this type of information.
I will take this opcortunity as 'well to renew, once again, my requests for a current, full-sized r.ap snowing HL&P's service area and dual or multiple certi-fication areas, as well as for full-sized, color copies of maps showing HL&P's
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current and planned transm.ission facilities 69 kv and above.
Thank you for your continuing cooperation and assistance.
Yours truly, Michael B. Blume Counsel for NRC Staff cc:
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