ML19323C677

Answer in Opposition to Houston Lighting & Power Co Motion to Compel Production of Documents from Southwest Tx Electric Cooperative.Subpoena Directed to Mcginnes Was Misunderstood Re Obligation to Release Confidential Info.W/Verification

ML19323C677
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	04/24/1980
From:	Mcginnes E, Oneil R MILLER, BALIS & O'NEIL, SOUTHWEST TEXAS ELECTRIC COOPERATIVE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005160482
Download: ML19323C677 (4)

Text

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8005160.#2

/1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

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HOUSTON LIGHTING & ) Docket Nos. 50-498A POWER COMPANY, et al., ) 50-499A

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(South Texas Project,' ) .

Units 1 and 2) )

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TEXAS UTILITIES ) Docket Nos. 50-445A GENERATING CO., et al., ) 50-446A

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(Comanche Peak System )

Electric Station, )

Units 1 and 2). )

ANSWER OF ELTON McGINNES IN OPPOSITION TO HOUSTON LIGHTING & POWER COMPANY'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS SUBPOENAED FROM THE FILES OF THE SOUTHWEST ELECTRIC COOPERATIVE Mr. McGinnes is without knowledge as to how he was selected as a fact witness by the Justice Department in this proceeding, the nature of the testimony expected to be elicited from him, or its relevance to the issues before the Board. Because he was selected as a witness for the Justice Department, Mr. McGinnes was subpoenaed by Houston Power & -

Lighting Company to be deposed. The appearance for the deposition was a burden, expense and inconvenience to Mr.

1 McGinnes.

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s Mr. McGinnes was not represented by counsel at his deposition. Although the Justice Department listed him as a witness, it is clear that the interests of the Justice Department did not necessarily coincide with those of Mr.

l McGinnes.

Mr. McGinnes did not produce documents that were the property of and were controlled by his employer, Southwest Texas Electric Cooperative, and not his personal property.

In Mr. McGinnes' opinion release of these documents could jeopardize the interests of his employer, and he did not understand the subpoena issued by Houston to create a legal obligation on him as an employee of Southwest to release confidential documents owned and controlled by his employer.

Mr. McGinnes' employer, Southwest, has responded separately to Houston's Motion and has submitted arguments to the effect that the documents sought have not been properly subpoenaed from Southwest's files. Mr. McGinnes supports Southwest's position on this point.

Mr. McGinnes also supports Southwest's arguments as to why the documents sought by Houston should not be ordered produced by the Board. Finally, Mr. McGinnes agrees with his employer, Southwest, that if the Board does order the documents to be produced that they be subjected to a Protective Order to guard the confidential informa. tion contained therein.

Respectfully submitted,,

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Robert A. O'Neil CZk .

Attorney for Southwest Texas Electric Cooperative and Elton McGinnes

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MILLER, BALIS & O'NEIL, P.C.

776 Executive Building 1030 Fifteenth Street, N.W.

Washington, D.C. 20005 j Date: April 24, 1980 l

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VERIFICATION DISTRICT OF COLUMBIA /ss:

Robert A. O'Neil, being first duly sworn on oath deposes and says that he has read the foregoing document and knows the contents thereof, that he has been authorized to present the same on behalf of Elton McGinnes and that the facts therein stated are true and correct as he verily believes.

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Robert A. O'Neil /

Subscribed and sworn to before me this 24th day of April, 1980.

I C a~f }/ M Notary Public My Commission Expires:

My Comminion Expires June 14, 1982 I