ML20005G086

Advises That Deposition of J Corder Scheduled for 891219 Postponed Due to Recipient 891219 Motion to Modify Subpoena & Motion for Protective Order,Per 891213 & 15 Telcons.W/ Certificate of Svc

ML20005G086
Person / Time
Site:	South Texas
Issue date:	12/15/1989
From:	Lewis S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Garde B ROBINSON, ROBINSON, PETERSON, BERK, RUDOLPH, CROSS
Shared Package
ML20005G068	List: ML20005G067 ML20005G082 ML20005G086 ML20005G162
References
OL, NUDOCS 9001180108
Download: ML20005G086 (4)

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F VIA'FAl-Billie Pirner Garde Esq.

Robinson, Robinson, Peterson, Berk. Rudolph, Cross & Garde 103 East College Avenue a

Appleton, WI 54911

-l RE: ' JOHN CORDER SUBPOENA'

Dear Ms. Garde:

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This letter will confirm telephone discussions held between either Dick Noefling or me and you on December 13 and 15,1989, regarding the deposition of your client, Mr. John Corder. scheduled pursuant to subpoena for December 19, 1989. Althounh that subpoena provided that the depnsition would be taken in-Lake Jackson, "exas, at your request the NRC staff agreed to relocate the

' deposition to a location in Arlington, Texas. The Staff then mode arrangements for the deposition to be taken at a motel in Arlington. You further agreen thht any claim by Mr. Corder for costs associated with his attenconce at the ceposition would be limited to that permittt-d by law as if thi deposition had been held at Lake Jackson and that you would make no claim against the HRC for your expenses in attending the deposition.

'On December 11, 1969 you filed before the Comission a "Hution to Modify Subpoena and Motion for Protective Orcer." Tne part of the motion that seeks mooific6 tion of the subpanna relates to the location of the deposition.

That aspect of the motion has been mooted by the agreement to relocate the

deposition in accordance with your request. However, you have also moved the Comission to stay the deposition untti t.he Staf f has provided all documents

- and infomation requested *in Mr. Corder's Freedom of Infometion Act request No.89-431, dated September 28, 1989. You did not raise this uatter as a prerequisite to taking Mr. Corder's deposition on December 19th in Arlington whsn you and Mr. Hoefling agreed to that arrangement by telephone. The Staff does not consider it necessary for Hr. Cord 4r to have received NRC records related to his past concerns and allegations regarding the South Texas Project

.(STP) in order to be able to apprise the HRC of any additional concerns he has J

.regarding STP. As you are aware, the processing of your F0IA request has been delayed due to Mr. Corder's f611ure to pay the estimated fees (approximately

$300.00) for search, review and duplication in responding to his request.

You racently (December lith) filed a fee waive. request on behalf of Mr. Corder l

and that request is currently under review.

Since you have declined to withdraw your motion ano since it appears unlikley that the Commission will rule upon that motion before Decenber 19th, the Staff is r+ luctantly pbstponing the cepositico scheduled for thet cate in 9001100100 891227 PDR ADOCK 05000490 t

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Arlington. Please notify tir. Corder of this postponement.

It is the Staff's intention to reschedult the deposition to be held in Arlington or vicinity on

' a mutually agreeable date, assuming a Comraission denial of your motion.

The Staff intends to provide this letter to the Comission as part of its response to your notion.

Sincerely h

$N Step en H. Lewis Senior Supervisory Enforcement Attorney P

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Eiit.Ntti HOUSTON LIQfrING AND TOiER COMPANY

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Docket Nos. 50-448 (South Texas Itclear Power Plant)

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50-449 CERTIFICATE OF SERVICE I hereby certify that copics of "NRC STAFF RESPONSE 00 MOTION TO MODIFY SUBPOENA AND HCrTION FOR PIOlu.;nVE ORDER" 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, through deposit in the Nuclear Regulatory Comission's internal mail system, this 27th day of Deomber 1989:

Samuel J. Chilk*

Docking and Service Section*

Office of the Secretary Office of the Secretary U.S. Nuclear Pg ulatory Cm mission U.S. Nuclear Pegulatoly Washington, DC 20555 ccamission Washington, DC 20555 Billie Pimer Garde, Esq.

103 East College Avenue Appleton, Wisconsin 54911 f

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s Richard K. Hoeflirig

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Counsel for NRC Staf (J