ML19323B078

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Telcon W/Potential Witness D Swayze Re Procedural Aspects of Depositions & Subpoenas to Compel Attendance.All Parties Can File Motion to Modify Terms of Subpoena or Request for Deposition
ML19323B078
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 04/23/1980
From: Bechheoffer C
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 8005090225
Download: ML19323B078 (1)


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NUCLEAR REGULATORY COMMISSION t

ATOMIC SAFETY AND LICENSING BOARD PANEL

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WASHIN GTON, D.C. 20555 April 23, 1980 1

l MEMORANDUM TO THE FILES l

SUBJECT:

HOUSTON LIGHTING AND POWER COMPANY, ET AL.

SOUTH TEXAS PROJECT, UNITS 1 AND 2 DOCKET NOS. 50-498 AND 50-499 j

On April 22, 1980, at about 11:00 a.m.,

I received a telephone call from Mr. Daniel Swayze.

Mr. Swayze has been identified by CCANP as a potential witness in this proceeding and the Applicants are seeking to take his deposition.

l At the outset, I advised Mr. Swayze that I could not speak to him about any substantive matters at issue in the proceeding.

Mr. Swayze stated that he understood but that he was inquiring l

about certain of the procedural aspects of depositions and the l

issuance of subpoenas to compel attendance at a deposition.

l In response to his questions, I advised him that the Licensing Board has authority to issue subpoenas, that the Board can impose conditions on the issuance of a subpoena compelling an t

individual to appear for a deposition, and that the location of the deposition (the matter concerning which Mr. Swayze appeared to have the most concern) is a matter as to which the Board can act.

I advised Mr. Swayze_that we can take into l

account the convenience of the various parties in determining whether the proposed location of a deposition is acceptable or should be changed.

I also advised Mr. Swayze that, if faced j

with a subpoena or request for his deposition,he or CCANP could file a motion to modify the terms thereof (including j

the location of the deposition).

The views of all affected parties would, of course, have to be taken into account in j

any ruling on such a motion.

N V

Charles Bechhoefer Chairman Atomic Safety and Licensing Board e

G cc: All Parties

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