ML19347B810
| ML19347B810 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 10/10/1980 |
| From: | Copeland J, Culp R BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8010160020 | |
| Download: ML19347B810 (7) | |
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UNITED STATES OF AMERICA CSMI $1 D}f b NUCLEAR REGULATORY COMMISSION
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I BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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HOUSTON LIGHTING & POWER COMPANY )
Docket No.
50-466
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(Allens Creek Nuclear Generating )
Station, Unit 1)
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APPLICANT' S RESPONSE TO JOHN DOIIERTY' S
" MOTION TO SUBPOENA SECTIONS 2, 5, 6, 7,
11, 18, 21 AND 25 OF THAT DOCUMENT KNOWN AS THE
' REED REPORT' FROM GENERAL ELECTRIC" On September 30, 1980, Intervenor Doherty filed a motion requesting the issuance of a subpoena for certain listed " sections" of a General Electric Company document known as the " Reed Report."
Applicant opposes the motion on grounds that (1) the motion for subpoena does not comply with the provisions of 10 CFR S 2.720 and (2) Applicant has agreed to supply the requested
" sections" of the Reed Report and therefore the equest is moot.
First, Applicant believes it important to review In the history traced by Mr. Doherty in his motion.
11, 1980, response to Applicant's motion filed on June
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- 1980, this Board issued a Protective Order on June 27, approving a settlement agreement on the inspection of the " Reed Report."
That Protective Order allowed Mr.
Doherty to inspect the following General Electric information:
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A.
The " list of 27 so-called safety-related items" from the Reed Report provided for the sole purpose of determining that GE and HL&P have correctly decided which of the items are relevant to Mr. Doherty's admitted contentions; B.
Those items from the above list which are relevant to Mr. Doherty's admitted con-tentions; and C.
A current status report of each of the relevant items.
This information was placed in Houston shortly after the issuance of the June 27 Protective Order.
On July 14, 1980, Mr. Doherty telephoned Applicant's counsel to inquire whether the "whole" Reed Report was available for inspection.
Counsel responded that, in accordance widt the agreed-upon settlement, the "whole" Reed Report was not available bur the items referenced in the Protective Order were certainly available for inspection.
Mr. Doherty responded that he believed an inspection of these agreed-upon items would not be sufficient and announced his intention to again move for a subpoena of the entire Reed Report.
Mr. Doherty at no time attempted to inspect the information made available by General Electric before filing a letter dated July 15, 1980, asking the Board to issue a subpoena as originally requested by him because, he alleged, the provisions of the Protective ' Order and agreed-upon settlement had not been complied with by General Electric Company and Applicant. -1/
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Mr. Doherty's original request for a subpoena filed in January,1980, was totally defective in form and substance.
Applicant and GE chose to negotiate with Mr. Doherty rather than engage in an extended dispute over the procedural (footnote contiuned on page 3)
i This was not the case.
General Electric Company provided all items agreed upon and was willing to reasonably accommodate Mr. Doherty's further inquiries i
possibly arising from his inspection of the materials i
i trovided.
After discussions which pointed out these facts
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to Mr. Doherty, he withdrew his request for issuance of a subpoena in a letter to the Board dated July 22, 1980.
After Mr. Doherty inspected the Reed Report materials
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1 provided, he generated a list of 38 interrogatories based on his inspection.
Despite the fact that the great majority of these questions were totally unrelated to 1
l the contentions admitted in this proceeding, within
.I two weeks General Electric provided complete answers to all the inquiries.
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On September 2, 1980, Mr. Doherty entered yet another demand; this time the request was for eight " sections e
of the Reed Report" 2/ identified by numbers from the i
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list of 27 so-called safety-related items.
Mr. Doherty did not attempt to explain how these requested " sections" 3
were related to admitted contentions.
Applicant, in fact, l
did not believe that the requested portions were in any l
(footnote continued from page 2) and substantive defects in the subpoena request.
Applicant 5
submits that even if there were a substantive basis to l
Mr. Doherty's July 15 letter he does not have a valid request for a subpoena outstanding.
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t 2/
The Reed Report is not divided precisely into " sections" which correspond to the items from the list of 27.
Applicant l
took Mr. Doherty's request to mean that he desired all l
those portions of the Reed Raport discussing the itemized l
issues wherever found in the document.
. way related to the issues in this proceeding, but nonethe-less sought to acquire from General Electric those portions of the Reed Report related to the items listed by Mr.
Doherty.
By letter dated September 23, 1980, Applicant in-j formed Mr. Doherty that General Electric was willing to provide those portions of the Reed Report which contain information relevant to the eight items from the list of 27 so-called safety-related items exactly as set out in Mr. Doherty's letter of September 2.
These portions of the Reed Report were extracted from the base document without changes; they were verbatim extracts.
These extracts are in Houston and available for Mr. Doherty's inspection immediately upon the issuance of an appropriate amendment to the outstanding Protective Order.
A pro-posed draft motion requesting such an amendment was for-warded to Mr. Doherty on September 30, 1980, for his approval.
Applicant has attempted to informally accommodate Mr. Doherty's requests at every turn, despite his failure to substantiate any relevancy to admitted contentions.
Applicant's good faith efforts and flexibility, with General Electric's cooperation, has allowed Mr. Doherty to pursue his curiosity far beyond the permissible scope of discovery both procedurally and substantively.
General Ele;tric has now in fact honored Mr. Doherty's latest
. request for material from the Reed Report to the letter and that material is available for Mr. Doherty's inspection. 3/.
Since General Electric has produced the material requested by Mr. Doherty, the motion is rendered moot and accordingly
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should be denied.
Finally, not only is Mr. Doherty's motion mooted j
by Applicant's agreement to provide those sections of the Reed Report requested, but it is also improperly 1
filed under 10 CFR S 2.720.
That section requires an application to the ASLB chairman for a subpoena returnable 1
to the proper party.
No proper subpoena is attached to 4
or described in Mr. Doherty's motion.
Neither has Mr. Doherty
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in his motion made a specific showing of the " general relevance of the testimony or evidence sought" to his contentions.
Accordingly, on this basis alone, the Board should deny the motion.
Respectfully submitted, M b bM Jack R. Newman Robert H. Culp David B.
Raskin.
1025 Connecticut Avenue NW Washington, DC 20036 J.
Gregory Copeland C. Thomas Biddle Darrell Hancock 3000 One Shell Plaza Houston, Texas 77002 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER CORDANY 3/ Mr. Doherty did raserve a right to protest the no photo-
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copying provision of the original agreement after inspection of the material provided.
Applicant considers this procedure reasonable and there is no reason to alter this aspect of the prior agreement.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY
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Docket No. 50-466,
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Response to John Doherty's " Motion to Subpoena Sections 2, 5, 6, 7,
11, 18, 21 and 25 of that Document Known as the ' Reed Report' from General Electric" were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this 10th day of October, 1980:
Sheldon J. Wolfe, Esq., Chairman Susan Plettman, Esq.
Atomic Safety and Licensing David Preister, Esq.
Board Panel Texas Attorney General's Office U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, DC 20555 Capitol Stadion Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A.
Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Aus tin County Washington, DC 20555 P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of Board Panel the Commission U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555
James M.
Scott, Jr.
Richard Black, Esq.
13935 Ivy Mount I
U.S. Nuclear Regulatory Sugar Land, Texas 77478 Commission j
Washington, DC 20555 William Schuessler 5810 Darnell John F. Doherty Houston, Texas 77074 4327 Alconbury Street Houston, Texas 77021 Stephen A.
Doggett, Esq.
P. O. Box 592 Rosenberg, Texas 77471 i
Att:
Clarence Johnson Bryan L. Baker Executive Director 1923 Hawthorne Box 237 U.S.
Houston, Texas 77098 University of Houston Houston, Texas 7704 J. Morgan Bishop Margaret Bishop j
Carro Hinderstein 11418 Oak Spring i
609 Fannin Street Houston, Texas 77043
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Suite 521 Houston, Texas 77002 W. Matthew Perrenod i
4070 Merrick i
D.
Marrack Houston, Texas 77024 420 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell Houston, Texas 77074 F.
H. Potthoff, III 7200 Shady Villa, #110 Houston, Texas 77080 Wayne E.
Rentfro P. O. Box 1335 Rosenberg, Texas 77471 i
I T M H. C A.
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