ML19330B962
| ML19330B962 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 08/04/1980 |
| From: | Knotts J AFFILIATION NOT ASSIGNED, DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-A, NUDOCS 8008070298 | |
| Download: ML19330B962 (6) | |
Text
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UNITED STATES OF AMERICA I
AUG NUCLEAR REGULATORY COMMISSION Y,
2 Docketing & Service q,
Bazh N
In the Matter of:
HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos. 50-498A
_et _al.
)
40-499A
)
(South Texas Project, Units
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, et al.
)
50-446A
)
(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
TUGCO'S REPLY TO JOINT MOTION OF THE NRC STAFF AND THE DEPARTMENT OF JUSTICE The NRC Staff and the Department of Justice filed, on July 25, 1980, a joint motion seeking clarification of the Licensing. Board's decision to reconsider-its March 7, 1980 ruling ordering the production of certain settlement docu-i ments, and also ser xing a schedule for the production of the settlement documents which were the subject of the March 7, i
1980 ruling.
On July 16, 1980, the Licensing Board had notified the Appeal Board by memorandum of its decision to reconsider its March 7, 1980 ruling.
That request was accommodated by the Appeal Board's July 18, 1980 order returning the matter to the Licensing Board by dismissing the pending petitions for directed certification without prejudice to renewal following reconsideration by the Licensing Board.
4
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TUGCO does not understand the NRC and the Department to be seeking clarification, but rather an opportunity to reargue the merits of the settlement documents matter, with foreknowledge of the factors which persuaded the Board to announce its decision to reconsider.
We had assumed that at such time, if any, that the Board desires to receive further argument on the merits of particular issues, it would so notify the parties, and Q at such a motion was not' required or in order.
For our part, we will address such issues as the Board may desire when invited to do so.
Further, the Staff and Justice argue that there is no longer a stay _in effect suspending the affected parties' obligation to produce certain settlement documents, because the Licensing Board's stay has expired and the Appeal Board's stay terminated when it dismissed the petitions for directed certi-fication pending reconsideration.
In our view, there is no ruling now in effect to be stayed.
That is, when the Licensing Board announced, on July 16, 1980, its decision to reconsider its ruling on settlement documents, the only reasonable inference was that such ruling was rescinded or suspended pending recon-sideratic n.
It certainly could not have been contemplated that the documents were to be produced' while the question of their production was being reconsidered, because such a course would render both reconsideration and any renewal of directed certi-fication moot.
For these reasons, the request to establish a schedule for production pursuant to a ruling which must be considered to have been rescinded or suspended should be denied.
- TUGCO, of course, continues to believe that bona' fide settlement documents should be shielded from discovery, but should the Licensing Board conclude otherwise in whole or in part upon completing reconsideration, then such would be the occasion for a schedule for production which should incorporate a stay pending appeal to permit renewal of petitions for directed certification.
For the foregoing reasons, the relief requested in the joint motion should be denied.
Res ectfully submitted, c<.M Jose B. Kno ts, Jr.
DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 Date:
August 4, 1980 9
I 4
/
i
~eem aume T
AUG 5 W e, _e UNITED STATES OF AMERICA ef teg& nice NUCLEAR REGULATORY COMMISSION 9.
In the Matter of:
b. p HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos.' Gi&A et al.
)
50-499A
)
(South Texas Project, Units
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
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 "TUGCO's Reply to Joint Motion of the NRC Staff and the Department of Justice" in the above captioned matters, were served upon the following persons by deposit in the United States mail, first class postage pre-paid this 4th day of August, 1980.
Marshall E. Miller, Esq.
Mr. Jerome D.
Saltzman U.S.
Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.C.
20555 Nuclear Re&ctor Regulation U.S. Nuclear Regulatory Michael L.
Glaser, Esq.
Commission 1150 17th Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 J.
Irion Worsham, Esq.
Sheldon J. Wolfe, Esq.
Merlyn D.
Sampels, Esq.
U.S. Nuclear Regulatory Spencer C.
Relyea, Esq.
Commission Worsham, Forsythe & Sampels Washington, D.C.
20555 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon C.
Wood, Esq.
l U.S. Nuclear Regulatory W.
Roger Wilson, Esq.
Commission Matthews, Nowlin, Macfarlane &
Washington, D.C.
20555 Barrett 1500 Alamo National Building Chase R.
Stephens San Antonio, Texas 78205 Docketing and Service Branch U.S.
Nuclear Regulatory Dick Terrell Brown, Esq.
Commission 800 Milam Building Washington, D.C.
20555 San Antonio, Texas 78205 Charles G. Thrash, Jr., Esq.
Robert Fabrikant, Esq.
E.W. Barnett, Esq.
Rangeley Wallace, Esq.
Theodore F. Weiss, Esq.
David A.
Dopsovic, Esq.
J.
Gregory Copeland, Esq.
Frederick H. Parmenter, Esq.
Baker & Botts Nancy Luque, Esq.
3000 One Shell Plaza Kenneth M.
Glazier, Esq.
Houston, Texas 77002 U.S.
Department of Justice Antitrust Division j
Steven R.
Hunsicker, Esq.
P.O. Box 14141 R.
Gordon Gooch, Esq.
Washington, D.C.
20044 John P. Mathis, Esq.
Baker & Botts Jerry L.
Harris, Esq.
1701 Pennsylvania Avenue, N.W.
Richard C.
Balough, Esq.
Washington, D.C.
20006 City of Austin P.O.
Box 1088 Fredric D.
Chanania, Esq.
Austin, Texas 78767 Michael B.
Blume, Esq.
Stephen H.
Lewis, Esq.
Robert Lowenstein, Esq.
Ann P.
Hodgdon, Esq.
J.A. Bouknight, Jr., Esq.
U.S.
Nuclear Regulatory William J.
Franklin, Esq.
Commission Douglas G.
Green, Esq.
Washington, D.C.
20555 Lowenstein, Newman, Reis, Axelrad and Toll Mr.'Roff Hardy 1025 Connecticut Avenue, N.W.
Chairman and Chief Executive Washington, D.C.
20036 Officer Central Power and Light company John W. Davidson, Esq.
P.O.
Box 2121 Sawtelle, Goode, Davidson &
Corpus Christi, Texas 78403 Tioilo 1100 San Antonio Savings Bldg.
Mr. Perry G.
Brittain San Antonio, Texas 78205 President Texas Utilities Generating Douglas F.
John, Esq.
Company McDermott, Will and Emery 2001 Bryan Tower 1101 Connecticut Ave., N.W.
Dallas, Texas 75201 Suite 1201
~ ~
Mr.
R.
L.
Hancock, Director City of Austin Electric Utility Bill D.
St. Clair, Esq.
P.O.
Box 1086 Morgan Hunter, Esq.
Austin, Texas 78767 McGinnis, Lockridge & Kilgore Fifth Floor, Texas State Mr.
G. W.
Oprea, Jr.
Bank Building Executive Vice President 900 Congress Avenue Houston Lighting & Power Austin, Texas 78701 Company P.O.
Box 1700 David M.
Stahl, Esq.
Houston, Texas 77001 Isham, Lincoln & Beale 1120 Connecticut Avenue, N.W.
Don R.
Butler, Esq.
Suite 325 211 East Seventh Street Washington, D.C.
+*
Is-Mr. G.
Holman King Sara Welling, Esq.
West Texas Utilities Co.
Michael I. Miller, Esq.
P.O.
Box 841 James A. Carney, Esq.
Isham, Lincoln & Beale Abilene, Texas 79604 One First National Plaza Suite 4200 Kevin B. Pratt, Esq.
Chicago, Illinois 60603 Attorney General's Office State of Texas Mr. Don H. Davidson P.O. Box 12548 City Manager Austin, Texas 78711 City of Austin P.O.
Box 1088 Frederick H. Ritts, Esq.
Austin, Texas 78767 William H.
Burchette, Esq.
Northcutt Ely Mr. W.S.
Robson Watergate 600 Building General Manager Washington, D.C.
20037 South Texas Electric J.
K.
Spruce, General Manager Cooperative, Inc.
City Public Service Board Post Office Box 151 Nursery,' Texas 77976 SnA nio Texas 78296 George Spiegel, Esq.
Robert C. McDiarmid, Esq.
(
-q d,gt,
/
Robert Jablon, Esq.
Marc Poirier, Esq.
Spiegel & McDiarmid
' Joseph B.
Knotts, Jr.
26.00 Virginia Ave., N.W. Ste. 312 Washington, D.C.
20037 W.N. Woolsey, Esq.
Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 Mr. Donald M. Clements Gulf States Utilities Company Post Office Box 2951 Beaumont, Texas 77704 Marc J. Wetterhahn, Esq.
Robert M.
Rader, Esq.
Conner & Moore 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 Mr. William C.
Price Central Power & Light Co.
P.O.
Box 2121 Corpus Christi, Texas 78403