ML19341A872

Requests Extension to File Motion to Compel Answers to Interrogatories or to Compel Production of Documents within 10 Days After Applicant Receives Responses to Interrogatories & Other Requests.Certificate of Svc Encl

ML19341A872
Person / Time
Site:	South Texas
Issue date:	01/16/1981
From:	Hudson J, Hudson T, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19341A873	List: ML19341A872 ML19341A874
References
ISSUANCES-OL, NUDOCS 8101280577
Download: ML19341A872 (12)

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NUCLEAR REGULATORY COMMISSION a BEFORE THE ATOMIC SAFETY AND LICENSING BO E A l u In the Matter of 5 5

HOUSTON LIGHTING & POWER 5 Docket Nos. 50-498 OL COMPANY, g AL.

_ 5 50-499 OL 5

(South Texas Project, Units 1 5 and 2) 5 Applicant's Motion for Extension of Time in Which to File Motions to Co?'pel Answers to Interrogatories

, Houston Lighting & Power Company, Project Manager of the South Lizar. Project, acting on behalf of itself, the City of San Antonio, Texas, Central Power and Light Company and the City of Austin, Texas (hereinafter Applicant) requests that the present deadline of January 16, 1981, for the -

filing by Applicant of motions to compel answers to inter-rogatories be extended until 10 days following Applicant's receipt of intervenors' answers to (i) interrogatories and to (ii) the other correspondence described below and attached hereto. The reasons for this request are set forth below.

As noted at the prehearing conference held Nove:mber 19, 1980, Applicant has filed motions to compel answers to interrogatories from Citizens Concerned About Nuclear Power, Inc. (CCANP) and from Citizens for E itable Utilities , Inc.

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Licensing Board (the " Board"). In addition, Applicant had requested by letter dated July 7, 1980 (attached as Exhibit No. 1), that Mr. Sinkin with CCANP produce various materials ,

discussed in his deposition. Since new counsel for CCANP appeared at the prehearing conference, Applicant declined to press these motions and the request to Mr. Sinkin, and stated that it would try to work out its differences with counsel on an informal basic. (Tr. 333-4). By letter dated December 4, 1980 (attached as Exhibit No. 2), Applicant provided counsel for CCANP with a copy of the motion to compel answers to interrogatories and with a copy of Exhibit No. 1. F: . cit No. 2 sets forth the items within each of these documents for which answers were presently being requested and requested that Applicant be notified as soon -

as possible if CCANP was unwilling to furnish the information requested. By letter dated December 5, 1980 (attached as Exhibit No. 3), Applicant provided CEU with a copy of the motion to compel directed to it and requested a response as soon as possible. In addition to these information requests, Applicant filed new interrogatories with CCANP and CEU on December 5, 1980 (attached as Exhibit No. 4).

. As of the close of business on January 15, 1981, ,

Applicant had received no written response to either Exhibit l

l Nos. 2, 3 or 4. CEU advised Applicant by telephone in mid-December that due to illness and hospitalization of Ms.

Buchorn, CEU would be unable to answer the new interrogatorier within 30 days. CEU requested an informal extension of time in which to answer which was granted by Applicant. CEU has not advised Applicant when it will be able to respond to the outstanding requests. On December 31, 1980, Applicant called CCANP's counsel and was told that a response to the motion to compel and Exhibit No.1 would be prepared and mailed on January 2, 1981. This response, however, has never been received by Applicant.

Although CEU and CCANP have indicated a willingness to be cooperative, Applicant has reached the filing deadling of January 16, 1981, for discovery requests and motions to -

compel, without knowing exactly what information it will receive from these intervenors. Under these circumstances it would be inappropriate to terminate Applicant's rights with respect to these matters simply because CEU and CCANP failed to act within the time periods prescribed by regulation and 1 .~'

let the January 16 deadline pass without answering. Applicant could file a new motion.to compel answers, but such a motion would have to be of a very general nature since Applicant does not know what positions intervenors will take with respect to the various issues. Moreover, such a motion l 1

i might prematurely and unduly burden the Board, since the intervenors might yet supply the requested information.

Accordingly, in lieu of filing such a motion, Applicant requests that its deadline for filing motions to counsel answers to interrogatories or a motion to compel production of the documents described in Exhibit No.1 be extended until 10 days after Applicant's receipt of written responses to Exhibit Nos. 1, 1, 3 and 4, respectively.

Assuming action by CEU and CCANP in the reasonably near future, the granting of this request will not delay the proceeding, nor will it prejudice any party.

If, however, the Board declines to grant the extension requested herein, Applicant respectfully requests that the Board (1) grant the Motions to Compel dated .

April 15, 1980 and May 8, 1980, (2) compel CCANP to produce the documents described in items 2, 4, 5, 6, 9 and 10 of l

Exhibit No. 1 and (3) compel CCANP and CEU to respond to Applicant's interrogatories of December 5, 1980 (Exhibit No. 4).

Respectfully submitted, Of Counsel:

f.m.4 h Finis E. Cowan /

BAKER & BOTTS Thomas B. Hudson, Jr.

3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 Lowenstein, Newman Jack R. Newman Reis & Axelrad Maurice Axelrad 1025 Connecticut Ave. N.W. Alvin H. Gutterman Washington, D.C. 20036 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Counsel for Houston Lighting & Power Company, Et Al.

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i CERTIFICATE OF SERVICE 4

I hereby certify that the foregoing document has been cerved on the following individuals and entities by deposit in ,

the U.S. Mail, first class, postage prepaid on this 16th day of January, 1981.

w Thomas B. Hudson, Jr. /

Charles Bechoefer, Esquire Docketing and Service Section Chairman Office of the Secretary

, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mrs. Peggy Buchorn Dr. James C. Lamb Executive Director 313 Woodhaven Road Citizens for Equitable Utilities, Inc.

Chapel Hill, North Carolina 27514 Route 1, Box 1684 Brazoria, Texas 77422 Dr. Emmeth A. Luebke Atomic Sr.fety and Licensing Board Pat Coy U.S. Nuclear Regulatory Commission Citizens Concerned About Nuclear Washington, D.C. 20555 Power 5106 Casa Oro .

Bernard M. Bordenick, Esq. San Antonio, Texas 78233 i

Office of the Executive Legal Director Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Brian E. Berwick Assistant Attorney General Atomic Safety and Licensing for th6 State of Texas Board Panel (5)

P . O. Box 12548 U.S. Nuclear Regulatory Commission Aust b, Texas 78711 Washington, D.C. 20555 Mr. Jack Newman Betty Wheeler, Esquire Lowenstein, Newman, Reis Hoffman, Steeg & Wheeler

& Axelrad 1008 S. Madison l 1025 Connecticut Avenue, NW Amarillo, Texas 79101 Washington, D.C. 20036 TH:4:D

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S EXHIBIT NO. 1 i

4 E-2480-760 July 7, 1980-(STP/ Application for ~

operating License)

Ezerhany Sinkin, Co-Coordinator Citizens Concerned About Nuclear Power, Inc.

116 Villita Street ~

San Antonio, Texas 78205 Dear Mr. Sinie4n-Upon reviewing your deposition it appears to us that -

' you have agreed tc>-take certain action relating to certain documents. The purpose of this letter is to summari=a what we imaarstand your-r r==nitments to be in connection with further documentation. s .

1. On page 34 of your deposition," you indicate that -

CCANP nor: sally keeps notes recording events at its various meetings. We ask you to produce all notes and minutes rele-vant to the intervention proceedings and you stated that you would check with the Board of Directors to advise w::ather you would make these notes available. Please advise as expedit tiously as possible concerning the result of these inquiries and whether you will make available for us the notes relating to CCANP's public meetings relating to the ihtervention.

2. On page 39 of your deposition, you agreed to seek

' the names of those members of CCANP who assisted you in answer-ing interrogatories and to give us within 30 days the nanes of those persons who gave the consent to the use of their names.

We would appreciate your complying with this commitment.

3. On page 40 of your deposition, you testified that there were probably minutes of the meeting at which the Board of Directors of CCANP authorized the intervention in the current proceeding before the Atomic Safety and Licensing Board. I ,

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Mr. Larry Sinkin . July 7, 1980 1 .

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l would assume that it is your intent to seek permission of the

• Board to make those minutes available to us. I would appre-ciate your seeking that permission and advising us within 30 4

days after the date of your deposition as to whether or not you will voluntarily make those minutes available.

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4. On page 65-66 of your deposition, you agreed to make -

• available to us a box.of documents and records (subject to '

your prior review and removal of priviledged material) which ~

you had accumulated:over the years on the general subject of l nuclear power. Please- advise whether you will be in a position to make this available-t2 us before or at the time of the con-tinuation of yourdeposition. .

5. On page 66-68 of your deposition, you agreed to make available to us, to the extent ycn were able to locate them, .

copies of various, position papers prepared on the subject of nuclear power or on the subject of the South Texas Project for presentation to various public officials or public bodies.

Please advise by July 18, 1980, which is 30 days after the date of your deposition, whether you have located this material and -

will make it available. for inspection in your office or some other mutually convenients place. , .. ..

6. On page 79-ef your deposition,.you commit yourself,

• j as I understand your testimony, to attempt to obtain the consent

' ' of Mr. Swayze and everyone involved in interviewing Mr. Swayze on a taped conversation to release of the taped conversation.

Would you plcsse advisa us within 30 dayc after the date of your deposition, i,.e,. by July 18, whether you have been able to obtain that consent and if not, which consenta you have obtained.

7. I am not certain whether you were asked to produce the by-laws of CCANP, but I believe that we are entitled to examine these by-laws and we would appreciate your producing i them at the time of your deposition.

On page 95 of your deposition, ~ you agreed to endeavor 8.

' .within 30 days of your deposition to ascertain whether or not you still had your notes of a conversation with Mr. Dale Bridenbaugh. Please advise within 30 .*.ays of the date of ,

your deposition of the result of this search.

9. On page 108-109 of your deposition, you committed yourself to conducting a search to determine whether or not you possess any notes of your various conversations with Mr.

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l Mr. Larry Sinkin July 7, 1980 Swayze an4 notify all counsel concerning this matter. This is a reminder of your cc-4 tment in that connection. .

10. On page 152-153 of your deposition, you agreed to identify any other documents that you have used in answering interrogatories or have examined in connection with the inter- .

vention other than Brown & Root documents, ELEP documents, and the " bundle of documents" received on December 16, 1979. You have committed yourself on page 154 to identify and list these

• documents withirt 30' days from the date of your deposition and this is a ramiadarof that commitment. ~

Very truly yours, Finis Cowan FC:203

._ cc: Mr. Charles mw-%nafer, Cha4 man Atomic Safety and Licensing Board , ,

U.S. Nuclear Regulatory Commission W==hington,~D. C. 20555 ,

Dr. James C. Lamb, III 313 Noodhaven Road Chapel Hill, North. Carolina 27514 -

Dr. Emmeta A.'Luebke .

Atomic Safety and Licensing -Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Henry J. McGurren Hearing Attorney office of the Executive Legal Director

.U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Richard W. Lowerre,

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, Assistant Attorney General for the State of Texas

, P. O. Box 12548, Capitol Station Austin, Texas 78711 i .

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Mr. Larry Sinkin July 7, 1980 '

Honorable Burt O' Con.Wil cc: - "

County Judge, Matagorda County -

Matagorda County Court House *

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Bay City, Texas 77414 Atomic Safety and Licensing Doard Panel -

U. S. Nuclear Regulatory enmmission ,

Washingten, D.C 20555 , , s. .

Atomic Safety and. Licensing Aopeal Board Panel ..

U. S. Nuclear Regulatory Commission '

Washington, D.C.- 20555 * . ~- ~*

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.ir. Chase R. Stephens Docketing and Service Section ,

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office of the. Secretary of the . .

Commission U.S. Nuclear-Regulatory Commission -

Washington, D.C 20555 Mr. Jack Newman ';5 Iowenstein, Newman,'Reis, -

Axelrad & Toll

• 1025 Connecticut- Avenue, N.W. -

Hashington, D.C..20036 ~ ,

Mr. L. R. Jacobi '

, Houston Lighting & Power Company '

Energy Development Complex ,

Room B-372

• Houston, Texas 77002 Mrs. Peggy Buchorn Executive Director

, Citizens for Equitable Utilities -

Route 1, Dox 432 Brazoria, Texas 77422 -

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, BAKER & BOTTS EXHIBIT NO. 2 oNC sue - "ta2A HOUSTON. TL ' AS 77oo2 wASwiNotoN omcc TELE PMc N C lF131229 1234 TELEX 76 2779 6 7o8 PENN SYLVANIA AVC..N W.

TELECOMuuaalCATION waSMINGTON. CL C. 20004 f7131229.tS23 HOUSTON TELEPHONE (202) 4S7 5S00 (204) 457 58J1 WASHINGTON. O. C.

f H-2480-760 (STP/ Application for December 4, 1980 -

Operating License)

Mr. Tim Hoffman HOFFMAN, STEEG & WHEELER 1008 S. Madison Amarillo, Texas 79101

Dear Mr. Hoffman:

Pursuant to your request, I have enclosed Mr.

Cowan's letter dated July 7, 1980 to Mr. Lanny Sinkin and Applicant's Motion to Compel Further Answers from CCANP dated April 15, 1980. With respect to the July 7th letter, we request that the information specified in items 2, 4, 5, m 6, 9 and 10 be supplied as soon as possible. While we do not waive the other requests, we are not pressing them at this time.

All of the interrogatories discussed in the Motion to Compel, except Interrogatory No. 49, concern Contentions 1 and 2 and, thus, further answers to such interrogatories are requested at this time. Please advise us as soon as possible if CCANP is unwilling to provide the requested answers so that we may present the Motion to Compel to the ASLB.

If you have any questions, please feel free to call on the undersigned.

i Very truly yours, Thomas B. Hudson, Jr.

TBH:203 Enclosure

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Mr. Finis Cowan i

Mr. Jack Newman Mr. Rick Jacobi 1

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EXHIBIT NO. 3 BAKER & BOTTS ONE swcLL *tazA houston, TEXAS 77oo2 WASHINGTON OFFICE '" " ' '

• TELEX 76 2779 e70s etNN syLvamaa Avt N. w.

YtttCOM MU NICATION WAsMINGTON. E C. 2OOO4 (7F3) 229.ts23 HOUSTON TELapwoNt (aCal 4s7.ssOO , (aog 4s7.ssan waswameron. c. c.

H-2480-760 December 5, 1980 (STP/ Application for operating License)

Mrs. Peggy Buchorn Citizens for Equitable Utilities, Inc.

Route 1, Box 1684 Brazoria, Texas 77422

Dear Mrs. Buchorn:

As you may recall, Houston Lighting & Power Company (HL&P) did not press the enclosed " Motion to Compel Citizens For Equitable Utilities Further Answers to Applicants' First Set of Interrogatories'.' at the prehearing conference because it sought one final opportunity to resolve these matters ,

informally. HL&P regards the matters discussed in the Motion under the headings " Identification of Individuals Furnishing -

Information in Support of Contentions 1 and 2" and Contention 2, Interrogatories 2-4" to be material to the hearing presently scheduled for May 5,1981, and therefore requests that the identified interrogatories be fully answered. If CEU remains unwilling to provide further answers to these interrogatories, we request that you notify us so that these matters can be presented to the ASLB in a timely fashion.

Very truly yours, Thomas B. Hudson, Jr.

TBH:203 cc: Finis Cowan Jack Newman Rick Jacobi N t

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• EXHIBIT NO. 4 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF S HOUSTON LIGHTING & POWER S COMPANY, ET-~ -

AL S Docket Nos. STN-498 OL S STN-499 OL (South Texas Project S Units 1 & 2) S THIRD SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS FROM HOUSTON LIGHTING & POWER COMPANY, ET AL., TO CITIZENS CONCERNED ABOUT NUCLEAR POWER, INC.

l Preface Pursuant to Section 2.740b and 2.741 of the Commis-sion's Rules of Practice, Houston Lighting & Power Company, "

Project Manager of the South Texas Project, acting on behalf of itself and the other Applicants, the City of San Antonio, Texas, acting by and through the City Public Service Board of the City of San Antonio, Central Power and Light Company and the City of Austin, Texas (hereinafter " Applicants ") , pro-pounds the following Interrogatories and Requests for Produc-tion of Documents to Citizens Concerned About Nuclear Power, Inc. (hereinaf ter "CCANP" or "Intervenor") . Applicants incor-porate herein the instructions and definitions set forth in the First Set of Interrogatories and Requests for Production of Documents to CCANP.

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- I' s O Interrogatories and Requests for Production

1. Identify and produce ea,ch document concerning STP which was obtained by Mr. Sinkin or any other CCANP repre-sentative from Mr. Daniel Swayze or from the boxes of STP documents which Mr. Swayze has testified were delivered to -

his home in Port Lavaca. (Mr. Swayze testified at page 187-188 of his deposition in this proceeding that Mr. Sinkin took documents from Mr. Swayze's home in Port Lavaca) .

2. Identify and produce each document which was obtained by CCANP from the attorneys representing Mr. Swayze in his litigation with Brown & Root, Inc. , Cause No . 23,714 in the District Court of Matagorda County, Texas. (Mr. Swayze testified at pages 166-167 of his deposition in this proceeding that in March or April.1980 he signed a release form allowing his former attorneys to provide his documents to Mr. Sinkin or. .

CCANP and that the documents were provided. )

3. Identify and produce any STP construction records or documents, either originals or copies, in CCANP's possession other than (i) those identified and produced pursuant to 1 and 2 above, or in response to previous interrogatories and (ii) those obtained from the Applicant or the NRC Staff in the course of this proceeding.

4. Identify any individual or entity which CCANP has reason to believe may possess any STP construction records or documents, either originals or copies, other than the parties in this proceeding and their representatives.

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s CERTIFICATE OF SERVICE -

I hereby certify that the foregoing document has been served on the following individuals and entities by deposit in the U.S. Mail, first class, postage prepaid on this & day of Deccese , 1980.

a k Thomas B. Hudson, Jr.

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Charles Ecchoefer, Esquire Docketing and Service Section.

Chairman Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mrs. Peggy Buchorn Dr. James C. Lamb Executive Director 313 Woodhaven Road Citizens for Equitable Utilities, Inc Chapel Hill, North Carolina 27514 Route 1, Box 432 Brazoria, Texas 77422 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Atomic Safety and Licensing-U.S. Nuclear Regulatory Commission Appeal Board Panel Wrshington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Barnard M. Bordenick, Esq.

Office of the Executive Atomic Safety and Licensing ,

Legal Director Board Panel (5)

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Wnshington, D.C. 20555 Washington, D.C. 20555 Brian E. Berwick Assistant Attorney General for the State of Texas P. O. Box 12548 Austin, Texas 78711 Mr. Jack Newman Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, NW Wrshington, D.C. 20036 TH:4:G l