ML19322E611
| ML19322E611 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/20/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| References | |
| NUDOCS 8004010517 | |
| Download: ML19322E611 (2) | |
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4 UNITED STATES OF AMERICA 6
NUCLEAR REGULATORY COMMISSION 00cKETED g
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MAR 211980 >h THE ATOMIC SAFETY AND LICENSING BOARD he [n[dio["g '
c the Seuctary Marshall E. Miller, Esquire, Chainnan ai Michael L. Glaser, Esquire, Member Sheldon J. Wolfe, Esquire, Member g
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In the Matter of
)
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HOUSTON LIGHTING & POWER COMPANY, et al.
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Docket Nos. 50-498A
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50-499A (South Texas Project
)
Units 1 and 2)
TEXAS UTILITIES GENERATING COMPANY, et al. )
Docket Nos. 50-445A
)
50-446A (Comanche Peak Steam Electric Station,
)
Units 1 and 2)
)
ORDER (March 20, 1980)
On March 11, 1980, the NRC Staff filed a Motion To Quash Subpoena of Mr. Rodney Frame, and on March 18, 1980, Texas Utilities Generating Company opposed said Motion.
The Staff's Motion To Quash is denied. While Mr. Frame is a non-testifying outside consultant to the Staff, we understand that Dr. Norman D. Lerner has testified that he assigned Mr. Frame, among other personnel at Transcomm, Inc.,
to work with him on this case and that their work is being performed under his direct supervision. This being so, Mr. Frame's work for Dr. Lerner neither comes under the subcategory of an attorney's work product privilege nor comes within any other exception, and thus his work is discoverable.
TUGC0 is entitled to test Dr. Lerner's credibility and/or recollection by inspecting the documents prepared by Mr. Frame for Dr. Lerner's review, and by asking Mr. Frame about the work he had done for Dr. Lerner and about other communications with respect to the oo2 oom
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matters in issue in this case.
IT IS 50 ORDERED.
FOR THE ATOMIC SAFETY Ar4D LICENSIt1G BOARD N1k':^.h$!h Sheldon J. Rolfe, Esquire Acting Chairman Dated at Bethesda, Maryland this 20th day of March, 1980.
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