ML19323B754
| ML19323B754 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 04/09/1980 |
| From: | Luque N JUSTICE, DEPT. OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8005140192 | |
| Download: ML19323B754 (6) | |
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800514019
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
HOUSTON LIGHTING AND POWER )
Docket Nos. 50-498A CO.,
et al.,
(South Texas
)
50-499A Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak
)
~
50-446A Steam Electric Station,
)
Units 1 and 2)
)
RESPONSE OF THE DEPARTMENT OF JUSTICE TO THE MOTION FOR LEAVE TO FILE AN AFFIDAVIT BY BROWNSVILLE AS AMICUS CURIAE The Department of Justice
(" Department"), pursuant to, the Atomic Safety and Licensing Appeal Board
(" Appeal Board")
Order of April 2, 1980, hereby submits its Respopse to the Motion for Leave to File an Affidavit by Brownsville, filed on March 31, 1980.
While the Department has no objection to, Broynsville's Motion, the Department coptends that the substance of the affidavit (i.e., an assertion that one of the parties to this litigatiop, Brownsville, perceives that a settlement has been consumated) has no, bearing on the substantive question presently before the Appeal Board in this proceeding, i.e.,
whether certain factual studies which assess the feasibility of interstate interconnections by members of'the Texas Interconnected Systems are shielded from disco.very on the basis of " settlement privilege".
On March 27, 1980, the Appeal Board heard oral argument on this issue.
Petitiopers asserted that the documents sought by the Department or Nuclear Regulatory Commissiop Staff were privileged because they related to settlement negotiations and that production of the documents could cause a breakdown in those negotiations and hinder future settle-ment negotiatiops.
During the oral argument, Brownsville was permitted to raise the questiop of whether the Petitioners had, in fact, already copsumated a settlement, thus mooting Petitioner's argument that settlement negotiations would be harmed by the production of the documents.
Subsequent t o, that oral argument, Brownsville filed the instant Motion, arguing that settlement nego,tiatiops would no,t be prejudiced by production of the requested documents because those negotiations have been successfully copcluded.
The Department does not seek, and the Licensing Board's March 7, 1980 Order does no,t require, the disclosure of all settlement do.cuments.
Instead, the Licensing Board has o,rdered pro, duction of only those studies which contain factual analyses that are relevant to central issues in this proceeding.
While Petitioners have complained that such pro, duction would interfere with settlement negotiations, Petitioners' expressed fear has no,t been borne out by subsequent events, and sho,uld, in any event, be given little o,r no weight by the Appeal Board.
Indeed, contrary to, Petitioners' pro.testations, the prospect of pro,ducing the dccuments ordered by the March 7, Order appears to,have enhanced, no,t impaired settlement nego,tiatiops in these proceedings.
2 l
At the time of the March 27, 1980, oral argument befo,re the Appeal Board, the Department had no knowledge of the existence or status of settlement negotiations between the other parties to these proceedings.
On March 27, 1980, the Department was informed for the first time that some o,f the parties to these proceedings were engaged in active settle-ment discussions.
Thus, instead of " chill (ing) settlement negotiations and compromis(ing) propo,sals from ever coming into, existence at all" (HL&P Petition, p.6), the Licensing Board's Order appears to,have had a positive effect on settlement negotiations.
In summary, the Department agrees with Brownsville that Petitioners' arguments regarding potential harm to_the settle-ment negotiations are without merit, and further contends that the production of these specific factual documents will not impede any ongo?ng settlement nego,tiations, regardless of what stage those negotiations h5ve reached.
Respectfully submitted, fy NancyLugg U
Attorneys, Energy Mction Antitrust Division Department of Justice Washington, D.C.
20530 Washington, D.C.
April 9, 1980 3
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and lacensing Appeal Board i
In the Matter of
)
HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498A CO., et al.(South Texas
)
50-499A Project, Units 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak Steam )
50-446A Electric Station, Units 1
)
and 2)
)
CERTIFICATE OF SERVICE I hereby certify that service of the foregoing The Response of the Department of Justice to the Motion for Leave to File an Affidavit by Brownsville as Amicus Curiae has been made on the following parties listed hereto this 9th day of April, 1980, by depositing copies thereof in the United States mail, first class, postage prepaid.
Alan S.
Rosenthal, Esquire Samuel J. Chilk, Secretary Chairman Office of the Secretary of the Michael C. Farrar, Esquire Commission Thomas S. Moore, Esquire U.S. Nuclear Regulatory Atomic Safety & Licensing Appeal Commission Board Panel Washington, D.
C.
20555 U.S. Nuclear Regulatory Commission Jerome E. Sharfman, Esquire Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Marshall E.
Miller, Esquire Washington, D. C.
20555 Chairman Atomic Safety & Licensing Board Chase R. Stephens, Secretary Panel Docketing and Service Branch
{
U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.
C.
20555 Washington, D.
C.
20555 Michael L. Glaser, Esquire Jerome Saltzman 1150 17th Street, N.W.
Chief, Antitrust and Washington, D.
C.
20036 Indemnity Group U.S. Nuclear Regulatory Sheldon J. Wolfe, Esquire Commission Atomic Safety & Licensing Bcard Washington, D.
C.
20555 Panel U.S. Nuclear Regulatory Mr. William C. Price Commission Central Power & Light Co.
Washington, D.
C.
20555 P. O. Box 2121 Corpus Christi, Texas 78403
i 4
G.K. Spruce, General Manager Roy P. Lessy, Esquire City Public Service Board Michael Blume, Esquire P.O. Box 1771 U.S. Nuclear Regulatory San Antonio, Texas 78203 Commission Washington, D.
C.
20555 Perry G.
Brittain President Jerry L.
Harris, Esquire Texas Utilities Generating City Attorney, Company Richard C.
Balough, Esquire 2001 Bryan Tower Assistant City Attorney Dallas, Texas 75201 City of Austin P.O.
Box 1088
~
R.L. Hancock, Director Austin, Texas 78767 City of Austin Electric Utility Department Robert C McDiarmid, Esquire P. O. Box 1088 Robert A. Jablon, Esquire Austin, Texas 78767 Spiegel and McDiarmid 2600 Virginia Avenue, N.W.
G.
W.
Oprea, Jr.
Washington, D.
C.
20036 Executive Vice President Houston Lighting & Power Dan H. Davidson Company City Manager P. O. Box 1700 City of Austin Houston, Texas 77001 P.
O. Box 1088 Austin, Texas 78767 Jon C. Wood, Esquire I
W.
Roger Wilson, Esquire Don R.
Butler, Esquire Matthews, Nowlin, Macfarlane 1225 Southwest Tower
& Barrett Austin, Texas 78701 1500 Alamo National Building San Antonio, Texas 78205 Joseph Irion Worsham, Esquire Merlyn D.
Sampels, Esquire David M.
Stahl, Esquire Spencer C. Relyea, Esquire Isham, Lincoln & Beale Worsham, Forsythe & Sampels Suite 325 2001 Bryan Tower, Suite 2500 1120 Connecticut Avenue, N.W.
Dallas, Texas 75201 Washington, D. C.
20036 Joseph Knotts, Esquire Michael I.
Miller, Esquire
-Nicholas S.
Reynolds, Esquire James A. Carney, Esquire Debevoise & Liberman Sarah N.
Welling, Esquire 1200 17th Street, N.W.
Isham, Lincoln & Beale Washington, D.
C.
20036 4200 One First National Plaza Chicago, Illinois 60603 Douglas F. John, Esquire Akin, Gump, Hauer & Feld 1333 New Hampshire Avenue, N.W.
Suite 400 Washington, D. C.
20036
O Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A. Bouknight, Esquire 5th Floor, Texas State Bank William J. Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 1025 Connecticut Avenue, N.W.
Washington, D.
C.
20036 Jay M. Galt, Esquire Looney, Nichols, Johnson E.
W.
Barnett, Esquire
& Hayes Charles G. Thrash, Jr.,-Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F.
Weiss, Jr., Esquire Baker & Botts Knoland J. Plucknett 3000 One Shell Plaza Executiva Director Houston, Texas 77002 Committee on Power for the Southwest., Inc.
Kevin B.
Pratt, Esquire 5541 East Skelly Drtve Assistant Attorney General Tulsa, Oklahoma 74135 P.O.
Box 12548 Capital Station John W.
Davidson, Isquire Austin, Texas 78711 Sawtelle, Goode, Davidson
& Tioilo Frederick H.
Ritts, Esquire 1100 San Antonio Savings Law Offices of Northcutt Ely Building Watergate 600 Building San Antonio, Texas 78205 Washington, D.C.
20037 W.
S. Robson Donald M.
Clements, Esq.
General Manager Gulf States Utilities Company South Texas Electric P.O. Box 2951 Cooperative, Inc.
Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co.
4 P. O.
Box 841 Robert M.
Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave., N.N.
W. N.
Woolsey, Esquire Washington, D.C.
20006 Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Steven R. Hunsicker Baker & Botts 7N U-f 48d 1701 Pennsylvania Avenue, N.W.
At @,ney Washington, D.
C.
20006 Nancy Lug Energy S tion U Antitrus Division Department of Justice l
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