ML19336A280
| ML19336A280 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 10/20/1980 |
| From: | Black R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CP, NUDOCS 8010220325 | |
| Download: ML19336A280 (4) | |
Text
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10/20/80
- s UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In'the Matter of
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HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466
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(Allens Creek Nuclear Generating
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l Station, Unit 1)
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NRC STAFF RESPONSE TO JOHN DOHERTY'S " MOTION TO SUBPOENA SECTIONS 2, 5, 6, 7, 11, 18, 21 AND 25 0F THAT DOCUMENT KNOWN AS THE ' REED REPORT' FROM GENERAL ELECTRIC" On September 30, 1980, Intervenor Doherty filed a motion reouesting the issuance of a subpoena for certain listed " sections" of the General Electric Company l
document known as the " Reed Report." Although not explicitly stated on the j
face of the motion, the-request for a subpoena is directed to the Applicant from l
whom the Intervenor has previously sought this report.
Applicant responded to this motion on October 10, 1980.
It opposes the motion on grounds that (1) the motion for subpoena does not comply with the provisions of 10 C.F.R. 62.720 and (2) Applicant has agreed to supply the requested " sections" of the Reed Report and therefore the request is moot. See Applicant's Response to John Doherty's " Motion to Subpoena Sections 2, 5, 6, 7,11,18, 21 and 25 of That l
l Document Known As The ' Reed Report' From General Electric," dated October 10 1980.
l Since this motion is directed to the Applicant and the Applicant has responded to it, the NRC Staff takes no position with respect to whether the request for i
subpoena should be granted since it mainly involves'comunications between 8010220-326 b
l Intervenor Doherty and Applicant pertaining to the disclosure of certain sections of the Reed Report. However, for the information of the Board and the parties, we are attaching a recent Comission decision in the Black Fox proceeding. involving the public disclosure of the Reed Report.- By this decision, l
the Commission concluded that the Reed Report should be deemed an " agency record" owing to NRC's apparent substantial control of the document and, therefore, l
l it would be made available for inspection and copying at the NRC Public Document Room in Washington on October 29, 1980.
If this action is not stayed by appeal, we are of the opinion that the Commission's decision in Black Fox l
would render this motion moot since the Reed Report would become a public document and Intervenor Doherty would have access to it either through the Applicant or through the NRC's Public Document Room.
Respectfully submitt d,
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C Richard L. B ack Counsel for NRC Staff l
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Dated at Bethesda, Maryland, this 20th day of October,1980.
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UNITED STATES 0F AMERICA NUCLEAR REGULATURY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 (Allens Creek Nuclear Generatinq
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Station, Uni'.1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO JOHN D0HERTY'S " MOTION TO SUBPOENA SECTIONS 2, 5, 6, 7,11,18, 21 AND 25 0F THAT DOCUMENT KNOWN AS THE ' REED REPORT' FROM GENERAL ELECTRIC" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission internal mail system, this 20th day of October,1980:
Sheldon J. Wolfe, Esq., Chairman
- Susan Plettman, Esq.
Atomic Safety and Licensing Board Panel David Preister, Esq.
U.S. Nuclear Regulatory Commission Texas Attorney General's Office Washington, DC 20555 P.O. Box 12548 Capitol Station Dr. E. Leonard Cheatum Austin, Texas 78711 Route 3, Box 350A Watkinsville, Georgia.30677 Hon. Jerry Sliva, Mayor.
City of Wallis, Texas 77485 Mr. Gustave A. Linenberger
- Atomic Safety and Licensing Board Panel Hon. John R. Mikeska U.S. Nuclear Regulatory Commission Austin County Judge Washington, DC 20555 P.O. Box 310 Bellville, Texas 77418 Mr. -John F. Doherty 4327 Alconbury Street Houston, Texas 77021 J. Gregory Copeland, Esq.
Baker & Botts One Shell Plaza Houston, Texas 77002 Mr. F. H. Potthoff, III Jack Newnan, Esq.
'1814 Pine Village Lowenstein, Reis, Newman & Axelrad Houston, Texas 77080 1025 Connecticut Avenue, N.W.
Washington, DC 20037 D. Marrack 420 Mulberry Lane Carro Hinderstein Bellaire, Texas 77401
-8739 Link Terrace Houston, Texas 77025
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Texas _Public Interest Margaret Bishop i
Research Group, Inc.
J. Morgan Bishop j
c/o James Scott, Jr., Esc.
11418 Oak Spring 13935 Ivymount Houston, Texas 77043 i
Sugarland, Texas 77478 Brenda A. McCorkle
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6140 Darnell Houston, Texas 770/4 l
Mr. Wayne Rentfro l
P.O. Box 1335 Rosenberg, Texas 77471 Stephen A. Doggett, Esq.
Pollan, Nicholson & Doggett Rosemary N. Lemmer P.O. Box 592 11423 Oak Spring Rosenberg, Texas 77471 Houston, Texas 77043 Bryan L. Baker 1923 Hawthorne Houston, Texas 77098 Robin Griffith Leotis Johnston 1034 Sally Ann 1407 Scenic Ridge Rosenberg, Texas 77471 Houston, Texas 77043 Elinore P. Cunmings l
Atomic Safety and Licensing
- 926 Horace Mann Appeal Board Rosenberg, Texas 77471 U.S. Nuclear Regulatory Comission Washington, DC 20555 l
Atomic Safety and Licensing
- l Board Panel l
U.S. Nuclear Regulatory Commission Mr. Nilliam Perrenod Washington, DC 20555 4070 tierrick I
Houston, TX 77025 Docketing and Service Section
- Office of the Secretary Carolina-Conn U.S. Nuclear Regulatory Cornission 1414 Scenic Ridge Washington, DC 20555-Houston,-Texas 77043 l
fir. ' William J. Schuessler U.S. Nuclear Regulatory Commission 5810 Darnell Region IV
' Houston, Texas 77074 Office of Inspection and Enforcement 611 Ryan Plaza Drive l
The Honorable Ron Waters Suite 1000 l
State Representative, District 79 Arlington, Texas 76011 3620 Washington Avenue, No. 362 Houston, TX 77007 j
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Richard L. Black Counsel for NRC Staff
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NU LE/.R RECULATORY CCT.lSS10N
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j CCr'!!ISS!0NERS:
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John F. Ahearne, Cha~imir.0 Qi,"ff,s g
i Victor Gilinsky
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Joseph F1. hencrie
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1 Fcter A. Bradforc l
In the P4tter of
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i FU.LIC SERVICE COMPANY OF OKLAH3'tA,
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Docket Nos. STN 50-555
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e t al.,
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STN 50-557
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l (Sir.ck Fox Station, Units 1 and 2)
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fiL".ORANDU". A's ORDER ON CERilFIED QUESTION:
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RETURN 0F GE NU; LEAR REACTCR STUDY On t'ay 30,1979, the Licensing Scare in this proceeding certified to the j
Coccission the question whether the Gene-al Electric Nuclear Reactor Study and its related Sub-Tesk Force Reports, which is cenerally known, anc her.:e will be referred to, as the Reed Report (for its principal author-dire::c-),
i should now be returned to General Electric.
The Reed Report was cttained in i
j confidence and is su5,iect to a cretective orcer.
For reasor.s descrioed : cre
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fully in this cpinion, the Comaission believes tnat it should not be returne:.
j General Electric has characterized the Reed Report as a product impreve-4
~
ment study intended to enhance the availability and perfomance of GE's i
Eoiling W:ter Reactors.
Vnen the Reeri Report was conpleted in 19'5, GE 4
ves wre raised in the context of the ther, and, thus, tha't GE need not repor**
DUPLICATE OCUMENT Entire dem ment previously entered into system under:
2h 156l612bgS6N ANO No. of pages:
6 l
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