ML19323C459

Motion to Compel Expert Witness C Hinderstein & Intervenor Tx Pirg to Produce Documents Re H Saxion 800214 Deposition. Attachment a Matls & Matls Developed After Saxion Deposition Should Be Furnished within 10 Days.Certificate of Svc Encl

ML19323C459
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	04/29/1980
From:	Hancock J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005150560
Download: ML19323C459 (8)

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'- 8005150 % O April 29, 1980 dd/

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY $

5 Docket No. 50-466 (Allens Creek Nuclear Generating S Station, Unit 1) 5 APPLICANT'S MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS FROM INTERVENORS CARRO HINDERSTEIN AND TEXPIRG On February 14, 1980, attorneys for Applicant deposed Mr. Howard Saxion of Dallas, an expert witness for Intervenors Carro Hinderstein and TexPirg. Applicant requested at that deposition that Mr. Saxion produce several important documents and workpapers not then in his possession and that Mr. Saxion continue to produce such material as it subsequently became available. Mr. Saxion agreed without hesitation.

On April 1, 1980, not having received any papers from Mr. Saxion in the six weeks since the deposition, Applicant reminded Mr. Saxion by letter to his attorney for the deposition, Mr. Edward C. Fritz, of his present and l continuing obligation to produce the requested material. To l

l avoid confusion, this letter specifically listed by attachment items for which requests for production were outstanding. A copy of this correspondence is attached to this Motion as

e Attachment A. Copies of the list were also mailed to Ms.

Hinderstein and Mr. James M. Scott, Jr., attorney for TexPirg.

On April ll, 1980, having no response from Mr.

Saxion, Applicant began a series of telephone calls to Mr.

Fritz, Ms. Hinderstein and Mr. Scott to inquire about the delay and to press for production of the requested material.

Mr. Fritz deferred to Ms. Hinderstein. Ms. Hinderstein was reached on April 14, 1980, and reported that she had been unable to reach Mr. Saxion, but promised to talk to him about the matter.

l l On April 18, 1980, Ms. Hinderstein reported that

, she had reached Mr. Saxion and that he had promised to provide the requested information to her by the end of the week of April 20-26. She agreed to forward to Applicant such portions of the material as she considered relevant early the week of April 27-May 3.

On April 24, 1980, Mr. Scott reported that he was unable to reach Mr. Saxion.

On April 28, 1980, more than ten weeks after Mr.

Saxion's deposition, Ms. Hinderstein reported that she had not received copies of the requested material.

Applicant, having been totally frustrated in .

repeated efforts to obtain materials that are rightfully l discoverable under the Rules of the Commission, therefore i

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respectfully requests, pursuant to 10 C.F.R. 5 2.740(f),

that the Licensing Board issue an order compelling Intervenors Hinderstein and TexPirg to furnish the materials requested in Attachment A within 10 days, and to continue to produce promptly any other materials developed by Mr. Saxion subse-quent to his deposition. Silence, excuses, and unfulfilled promises are no substitute for the proper performance of their duties as Intervenors.

Respectfully submitted, M cnAV F OF COUNSEL: J. Gregory Copeland C. Thomas Biddle, Jr.

BAKER & BOTTS Charles G. Thrash, Jr.

3000 One Shell Plaza Darrell Hancock Houston, Texas 77002 3000 One Shell Plaza Houston, Texas 77002 LOWENSTEIN, NEW MAN, REIS, AXELRAD & TOLL Jack R. Newman 1025 Connecticut Avenue, Robert H. Culp N.W. David B. Raskin Washington, D.C. 20036 1025 Connecticut Avenue, N.W.

Washington, D.C.

ATTORNEYS FOR APPLICANT I HOUSTON LIGHTING & POWER COMPANY I

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Attachment A

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BAKER & BOTTS oNE SMELL PLAZA HOUSTON, TE"XAS 77oo2 wAS MeNGTON OFFICE TELEPHON E (7f 3) 229 1234 TELEX 76*2779

1. 701 P E N N S YLVANI A AV E.. N. W. TELECOM MU NICATION WASMINGTON. O C. 20006 (713)229 1523 NOUSTON TELEPHONE (202) 4$7 5500 (2023457 5538 WAS HINGTON. Q. C.

H-2412-701C-2 April 1, 1980 i Houston Lighting & Power Co.

(ACNGS Licensing)

P Mr. Edward C. Fritz 4144 Cochran Chappel Road Dallas, Texas 75209

Dear Mr. Fritz:

On February 14, 1980, we took the deposition of your client, Mr. Howard Saxion, as an expert witness on certain issues related to the licensing of Allens Creek Nuclear Generating Station. Mr. Saxion promised several times during the interview to provide us certain work-papers and other materials we requested. To date, we have not received those items. We, therefore, repeat our request and remind you -that Mr. Saxion has a continuing obligation to provide workpapers, citations of authorities to be relied upon in his testimony, and copies of documents not available to us.

We spec 1.fically request those items mentioned in the deposition and listed on Attachment "A" with this letter.

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Please remind Mr. Saxion of his obligation to us.

Yours very truly, DE:108 Ge6L Attachment Darrell Hancock cc: Mr. Howard Saxion Mr. James M. Scott Ms. Carro Hinderstein w/att.

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ATTACHMENT "A"

1. Copies of any contracts, agreements, or written assignments between Mr. Saxion and Ms. Hinderstein or TexPirg.

2. Copies of Mr. Saxion's workpapers and notes on all topics on which he will testify at the Allens Creek hearing.

3. A list of all of Mr. Saxion's appearances before state or federal legislative bodies or agencies, l giving the date, the subject, the client, and the committee or agency addressed.

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4. Copies of all testimony or other submissions at appearances listed in paragraph 3 above, to the extent available to Mr. Saxion.

! 5. Citations to all court proceedings in which Mr. Saxion has appeared, giving the date of his appearance, the subject, and the client;.

6. Copies of all written testimony or other submissions by Mr. Saxion at appearances listed in paragraph

! 5 above, to the extent available to Mr. Saxion.

7. A list of all projects in'which Mr. Saxion has participated and in which research was conducted on

, the availability of water to municipalities or other clients who have employed-Mr. Saxion or his firm. Specify

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those project reports that discuss the availability _of water in the Brazos River Basin.

8. Copies of all project reports listed in paragraph 7 above that discuss the availability of water in the Brazos River Basin, specifically including reports for the cities of McGregor and Cleburn.

9. Citations, other than those already furnished, to all sources used by Mr. Saxion in his research on topics about which he will testify in the Allens Creek hearing, including, but not limited to, papers on the synergistic effects of temperature and chlorine on fish mortality, a publication by the Nuclear Regulatory Commission on thermal shock, and a paper in the Journal of Water Pollution Control i Federation in 1976 on tliermal shock.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 5 9

HOUSTON LIGHTING & POWER S COMPANY 5 Docket No. 50-466 5

(Allens Creek Nuclear $

Generating Station, Unit 5 No. 1) $

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Motion To Compel The Production Of Documents From Intervenors Carro Hinderstein and TexPirg were served on the following by deposit in the United Stat 3s mail, postage prepaid, or by hand-delivery this JLiW day of A n. d t , 1980.

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General ,

Board Panel for the State of Texas l U.S. Nuclear Regulatory Commission P. O. Box 12548 l Washington, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77418 Mr. Chase R. Stephens Docketing and Service ~Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555

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R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555 Steve Sohinki, Esq. Carro Hinderstein Staff Counsel 609 Fannin, Suite 521 U.S. Nuclear Regulatory Commission Houston, Texas 77002 Washington, D. C. 20555 Leotis Johnston Mr. Bryan L. Baker 1407 Scenic Ridge 1118 Montrose Houston, Texas 77043 Houston, Texas 77019 j Ms. Rosemary N. Lemmer -

Mr. J. Morgan Bishop 11423 Oak Spring 11418 Oak Spring Houston, Texas 77043 '

Houston, Texas 77043 D. Marrack i Ms. Carolina Conn 420 Mulberry Lane i 1414 Scenic Ridge Bellaire, Texas 77401 Houston, Texas 77043 ,

Ms. Brenda McCorkle  !

Ms. Elinore P. Cumings 6140 Darnell  !

Route 1, Box 138V Houston, Texas 77074 Rosenberg, Texas 77471 Mr. W. Matthew Perrenod l Stephen A. Doggett, Esq. 4070 Merrick P. O. Box 592 Houston, Texas 77025 Rosenberg, Texas 77471 Mr. Wayne E. Rentfro Mr. John F. Doherty P. O. Box 1335 4327 Alconbury Rosenberg, Texas 77471 Houston, Texas 77021 Mr. James M. Scott Robert S. Framson 13935 Ivy Mount Madeline Bass Framson Sugarland, Texas 77478 4822 Waynesboro Houston, Texas 77035 l

Robin Griffith 1034 Sally Ann Rosenberg, Texas 77471 aArLLL.-- l vsnLo&1 Darrell Hancock DH-2-D

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