ML19323A171
| ML19323A171 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 04/09/1980 |
| From: | Chanania F, Chanania F NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004170347 | |
| Download: ML19323A171 (6) | |
Text
/
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC, SAFETY AND LICENSING APPEAL BOARD In the Matter of HOUSTON LIGHTING & POWER COMPANY
)
NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO
)
50-499A CITY OF AUSTIN
)
CENTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit Nos. 1
)
and 2)
)
TEXAS UTILITIES GENERATING NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
NRC STAFF RESPONSE TO MOTION FCR LEAVE TO FILE AFFIDAVIT BY BROWNSVILLE AS AMICUS CURIAE Pursuant to the Appeal Board's Order of April 2,1980, the NRC Staff hereby submits its response to Brownsville's Motio d/ or leave to file the affidavit f
of Mr. Robert E. Roundtrea.2_/ Since the Appeal Board is aware, first-hand, of all pertinent procedural events preceding the filing of the Motion, the Staff will direct its response to "the substance and significance of the representa-tions and arguments contained in the motion and affidavit."1/
1/
The Motion For Leave to File Affidavit by Brownsville as Amicus Curiae
[ hereinafter the " Motion"] was filed on March 31, 1980.
2/
Mr. Roundtree is the General Manager of the Public Utilities Board of Brownsville.
3/
See Appeal Board Order of April 2,1980, at 1.
The Staff has no objection to acceptance of the Brownsville Motion and attached affidavit since the i
circumstances are extraordinary, as recognized by the Appeal Board.
See March 27, 1980 Transcript of Oral Argument in these proceedings, at 107-112.
In addition, any counter-affidavits bearing upon the representations in Mr. Roundtree's affidavit would presumably also be accepted by the Appeal Board, thus effectively precluding prejudice to any party.
8004170 bY 7
2-The thrust of Mr. Roundtree's affidavit is that he was told that the private companies (petitioners here) have already reached substantial agreement on the basic issue of interstate interconnection. On the basis of these repre-sentations, Brownsville contends that the fundamental argument advanced by the petitioners in resisting discovery by the Staff and the Department of Justice--that discovery of these documents now would jeopardize settlement negotiations - is effectively undercut.M The Staff's position on discoverability of these settlement documents is not dependent on this contention of Brownsville.M To the extent, however, that the Roundtree affidavit suggests that some sort of settlement agreement has been reached by the three private companies, then the affidavit does indeed undermine or negate the companies' argument as to the jeopardy toward reaching a settlement if the settlement documents were disclosed.
The Roundtree affi-davit should thus be considered as bearing upon the point that disclosure of the documents could not affect the potential for settlement in this proceeding if settlement has already occurred.
With respect to the substantive representations contained in the Roundtree affidavit, the Staff was, obviously, not present during the conversation y
Motion, at 2-3.
y See NRC Staff Opposition to Petitions of Texas Utilities Generating Company, Houston Lighting & Power Company, and Central and South West Corporation for Directed Certification, filed March 20, 1980.
5
3-between Mr. Roundtree and Mr. Borchelt on March 25,1980,5/ and cannot comment on what Mr. Borchelt may have told Mr. Roundtree. The Staff, how-ever, must point out most emphatically that:
(1) it was not contacted about this proposed settlement agreement until the afternoon of March 27, 1980, af ter the Appeal Board oral argument, and (2) it has not, to date, expressed any opinion, favorable or not, as to any settlement agreement. Thus, the representations in the affidavit about contacts with and " favorable" reactions expressed by " federal regulatory staffs"1/ o not include the NRC Staff.
d Finally, it is interesting to note that if, in fact, a settlement agreement has been reached among the three petitioners here, such agreement was reached apparently while the threat of disclosure of the settlement documents existed.
These circumstances suggest that future settlement efforts in other cases may not be as " chilled" as has been argued,8/ since a threat of disclosure in any future case would also be present at the onset of any future settle-ment talks.
Respeetfully submitted, Fredric 0. Chanania Counsel for NRC Staff i
Dated at Bethesda, Maryland this 9th day of April 1980 l
6/
Af fidavit, at 1.
Z/
Affidavit, at 2.
8/
March 27, 1980 Transcript, at 8, 32, 37-38, 40, ICSwCs, 114, 116, 119-120, 123-24.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY
)
NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO )
50-499A CITY OF AUSTIN
)
CENTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit Nos.
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO MOTION FOR LEAVE TO FILE AFFIDAVIT BY BROWNSVILLE AS AMICUS CURIAE in the above-captioned pro-ceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of April 1980:
Robert Fabrikant, Esq.
Marshall E. Miller, Esq., Chairman Donald A. Kaplan, Esq.
Atomic Safety and Licensing Board Panel Susan B. Cyphert U.S. Nuclear Regulatory Commission Nancy A. Luque Washington, D. C.
20555 Frederick H. Parmenter, Esq.
David A. Dopsovic, Esq.
Michael L. Glaser, Esq.
P. O. Box 14141 1150 Seventeenth Street, N.W.
Washington, D. C.
20044 Washington, D. C.
20036 Mr. William C. Price Sheldon J. Wolfe, Esq.
Central Power & Light Co.
Atomic Safety and Licensing Board Panel P. O. Box 2121 U.S. Nuclear Regulatory Commission Corpus Christi, Texas 78403 Washington, D. C.
20555 G. W. Oprea, Jr.
Atomic Safety and Licensing Board Executive Vice President U.S. Nuclear Regulatory Commission Houston Lighting & Power Company Washington, D. C.
20555 P. O. Box 1700 Houston, Texas 77001 Docketing and Service Section-Office of the Secretary Robert E. Bathen U.S. Nuclear Regulatory Commission R. W. Beck & Associates Washington, D. C.
20555 P. O. Box 6817 Orlando, Florida 32803 R. L. Hancock, Director City of Austin Electric Utility _
Somervell County Public Library P. O. Box 1088 P. O. Box 417 Austin, Texas 78767 Glen Rose, Texas 76043
, R. Gordon Gooch, Esq.
Robert Lowenstein, Esq.
John P. Mathis, Esq.
J. A. Bouknight, ESq.
Steven R. Hunsicker, Esq.
William J. Franklin, Esq.
Baker & Botts Peter G. Flynn, Esq.
Suite 300 Douglas G. Green, Esq.
1701 Pennsylvania Avenue, N.W.
Lowenstein, Newman, Reis, Axelrad Washington, D. C.
20006
& Toll 1025 Connecticut Avenue, N.W.
J. K. Spruce, General Manager Washington, D.C.
20036 City Public Service Board P. O. Box 1771 Jerry L. Harris San Antonio, Texas 78203 Richard C. Balough Dan H. Davidson, City Manager Robert C. McDiarmid, Esq.
City of Austin Robert A. Jablon, Esq.
P. O. Box 1088 George Spiegel, Esq.
Austin, Texas 78767 David A. Giacalone, Esq.
Marc R. Poirier, Esq.
Jerome Saltzman, Chief Spiegel & McDiarmid Antitrust & Indemnity Group 2600 Virginia Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20037 Washington, D. C.
20555 Jon C. Wood, Esq.
Jay Galt, Esq.
W. Roger Wilson, Esq.
Jack P. Fite, Esq.
Matthews, Nowi m, Macfarlane Looney, Nichols, Johnson & Hayes
& Barrat'.
219 Couch Drive 1:00 Alamo National Building Oklahoma City, Oklahoma 73102 San Antonio, Texas 78205 Merlyn D. Sampels, Esq.
Mr. W. N. Woolsey Jos. Irion Worsham, Esq.
Kleberg, Dyer, Redford & Weil Spencer C. Relyea, Esq.
1030 Petroleum Tower Worsham, Forsythe & Sampels Corpus Christi, Texas 78474 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Dick Terrell Brown, Esq.
800 Milam Building Morgan Hunter, Esq.
San Antonio, Texas 78205 McGinnis, Lochridge & Kilgore Fifth Floor, Texas State Bank Building E. William Barnett, Esq.
900 Congress Avenue Charles G. Thrash, Jr., Esq.
Austin, Texas 78701 Melbert D. Schwarz, Esq.
Theodore F. Weiss, Esq.
Joseph B. Knotts, Esq.
J. Gregory Copeland, Esq.
Nicholas S. Reynolds, Esq.
Baker & Botts C. Dennis Ahearn, Esq.
3000 One Shell Plaza Debevoise & Liberman Houston, Texas 77002 1200 Seventeenth Street, N.W.
Alan S. Rosenthal, Chairman Washington, D.C.
20036 Atomic Safety and Licensing Appeal Michael C. Farrar, Esq.
a e y an Cens n9 Appeal U
Nuclear Regulatory Commission n
Washington, D.C.
20555
- U.S. Nuclear Regulatory Commission l
Thomas S. Moore, Esq.
Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 *
. Douglas F. John, Esq.
Donald M. Clements, Esq.
McDermott, Will and Emery Gulf States Utilities Company 1101 Connecticut Avenue, N.W.
P. O. Box 2951 Suite 1201 Beaumont, Texas 77704 Washington, D. C.
20036 Robert M. Rader, Esq.
Don R. Butler, Esq.
Conner, Moore & Corber 1225 South West Towers 1747 Pennsylvania Avenue, N.W.
Austin, Texas 78701 Washington, D.C.
20006 John W. Davidson, Esq.
Sawtelle, Goode, Davidson & Troilo Mr. G. Holman King 1100 San Antonio Savings Building West Texas Utilities Co.
Sa1 Antonio, Texas 78205 P. O. Box 841 Abilene, Texas 79604 Linda Aaker Attorney General's Office State of Texas P. O. Box 12548 Austin, Texas 78711 James E. Monahan Executive Vice President and General Manager Brazos Electric Power Cooperative, Inc.
P. O. Box 6296 Waco, Texas 76706 Frederick H. Ritts, Esq.
William H. Burchette, Esq.
Law Offices of Northcutt Ely Watergate 600 Building Washington, D. C.
20037 Michael I. Miller, Esq.
Michael B. Blume James A. Carney, Esq.
Counsel for NRC Staff Sarah N. Welling, Esq.
Isham, Lincoln & Beale 4200 One First National Plaza Chicago, Illinois 60603 David M. Stahl, Esq.
Isham, Lincoln & Beale Suite 325 1120 Connecticut Avenue, N.W.
Washington, D. C.
20036 Maynard Human, General Manager Western Farmers Electric Cooperative P. O. Box 429 Anadarko, Oklahoma 73005 l
7 m