ML19338F827

Responds to 801015 Ltr Re Release of Potential Exhibits for Which Util Has Claimed Confidential Treatment.Objects to Release of Matl Per ASLB 790724 Stipulation to Protective Order.Lists Documents Which Can Be Released W/O Restriction

ML19338F827
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	10/21/1980
From:	Wetterhahn M CONNER, MOORE & CORBER
To:	Poirier M SPIEGEL & MCDIARMID
References
ISSUANCES-A, NUDOCS 8010270357
Download: ML19338F827 (2)

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CONNER & MOORE 3 1747 FENN frufANIA AYENCE. N. W.

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seamaru.a4aan October 21, 198 -

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Marc R. Poirier Esq. s Spiegel & McDiarmid 2600 Virginia Avenue,.N.W. d Washington, D.C. 20037 II M Houston Lighting f. Power Co., at al.,

(South Texas Pro,ects, Units 1 E 2),

NRC Docket Nos. 50-498A, 50-499A) 1 Texas Uti$icies Generatine Co. , et al. , ]

(Comanche Peak Steam Stacien, Un;1ts 1 & 2), '

NRC Docket Nos. 50-445A, 50-446A.

Dear Mr. Poirier:

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This letter is in reply to your October 15, 1980 letter

,e . addressed to Robert M. Rader regarding the release to other parties'in the captioned proceedings of the documents which

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the Public Utilities Board of the City of Brownsvillte, Texas

r ("Brownsvill'e")'has designated as potential exhibits and for g

which Gulf States Utilities company ("GSU") has claimed confidential treatment pursuant to a Stipulation to Protec-t tive Order. issued by the Atomic Safety and Licensing Board 9-(" Board") on July 24, 1979 (" Stipulation") . You requestad our consent to make these documents available in some un-specified manner ,to any requesting party. You further re-quested that, if 'GSU had any objection to this procedure,

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.we contact you.' .

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tThe Stipulation which was executed by you on behalf ofi' Brownsville controls.any further dissemination;of documents

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in yourcpossession"for which proprietary treatment has been claimed by GSU. Nothing therein excuses full compliance with its terms or permits any alternativa procedure with .

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-regard to release'of GSU confidential documents.

,m We understand that there is some controversy whether the South Texas and Comanche Peak proceedings have been .- t -

b consolidated for purposes other than dis _ cove,ry. Therefore,

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% v ;4 3-a Marc R. Pciricr, isq. _ '\.

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. October 21, 1980 D I f\

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under the terms of the Stipulation, we strongly object to 1 your releasing any of the material subjecu to the Scipula-tion to any attorney or :other- individual not associatedowith .c

, a party in the South Texas proceeding The Stipulationi #

prohibits such disclosure until the Board specifically g rules that the two proceedings have been cons.olidated for purposes other than discovery. Moreover, prior to any -

1 general distribution of the GSU pr:prietary documents to l any additional parties to the South Texas proceeding,- ,

Brownsville should seek to determine whether the Board will .l permit these documents) to become part of the evidentiary record in the manner which te understand it has proposed in its crial br' - 3 g In the time available, we have reviewed the documents i

D a::: ached t: your letter and have decermined that certain of 1 them =ay c 'e disclosed generally. The following documents Y designa ad by you with a number in brackets in the upper q right hand corner may be made available to the other parties to the proceeding without restriction:

1 (1347] (1370] (1445]. N I (1348] (1371-73] (1446]

(1349-50] (1374-76] (1447]

(1351] (1407] (1448]

(1352] (1413-14] (1449] '

(1353-54] (1416-18] (1450]

(1355] (1419] (1451]

(1356) (1441] (1466-67]

(1357-65] (1442) (1468-70]

(1368-69] (1444]

3 As I noted to you in our telephone conversation of October 16, 1980, while your letter states that it was hand

• del.O'ared, we received it on that date through the U.S. Postal

- Service even though the envelope had no postage affixed nor _

did it give any indication it was to be hand delivered. -

Sincerely, Mark J. Wetterhahn Counsel for Gulf States 3

Utilities Company MJWasdd -

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