ML20093D287

Informs That Util Does Not Plan to Provide Consultants 841001 Rept to ASLB & Parties,Per Encl Protective Order. Util Will Seek Authorization from Court Upon ASLB Request. Certificate of Svc Encl.Related Correspondence

ML20093D287
Person / Time
Site:	South Texas
Issue date:	10/09/1984
From:	Newman J HOUSTON LIGHTING & POWER CO., NEWMAN & HOLTZINGER
To:	Bechhoefer C, Eva Hill, John Lamb Atomic Safety and Licensing Board Panel
References
CON-#484-403 OL, NUDOCS 8410110185
Download: ML20093D287 (8)

Text

- - - - - - - - - - - - -

k NewMAN & Hor;ELATEDCOHnamCENCQ, R r2INGER, P. C C0(,KETED ISIS 1.STREE g %

Jaca n.NewasAN WAS H I N GTON, D. C. 2O O 3 6 w,Lu Au c. sArm,Ja..

Jones E. MOLT 2tNorm,JR.

E.omtoon,sAmurs 202h5(hhdh bl.2t MAmoto r.oris novoLAs L.stmasrono maumect AstLnAo JANrv E.s.renta A A soumNeoMT,Ja.

sitvtw m.rmANT2 PAuLM.mtem on AN m.ois M eromer L.rosam sitvtN c.coLostmo CID{f C,,,, Eia.P JtLL c.onANT

. P. i., "

a.tvMortM M.sMEA cawo s. PowtLL

((MEilTi 4 $EfM.

retormic s.onAv oouoLAS 6.onEEN D:

ttAmoL LYN NewesAN

^ 74 gp SCOTT A.MAmMAN otsonAM L. MawmiNs

• JoMN T.sfoWoM,Ja.

MOLLY N. UNotM Att Janets e.vAsett utvem J. upsoN KICHAEL A SAusta oAwo e.masmiN A& VIN M.ouTTrateAN JANs L mv&N EEVIN P.GALLtes ooN ALo J. saLvenneans

[

TMoesAs A.SCMasuT2 JACoLvm A.stWesoses t

KCHAck F. NEALT JosEPM t.sfuses mostaf LwMITE

'Acas. VA.

motta? LowtNSTEIN October 9, 1984

""'." c'o['.i.".'s Charles Bechhoefer, Esquire Chairman, I.dministrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. James C. Lamb, III Administrative Judge 313 Woodhaven Road Chapel Hill,. North Carolina 27514

' Judge Ernest E. Hill Hill Associates 210 Montego Drive Danville, California 94526 Re:

Houston Lighting & Power Co., et al.

South Texas Project, Units 1 & 2, Docket Nos. 50-498, 50-499 O {

Dear Members of the Board:

In_ connection.with the litigation in Texas between the owners of the South Texas Project and Brown & Root (B&R)

'(Houston Lighting & Power Co. v. Brown & Root, Inc., No. 81-H-0686-C (D. Ct. of Matagorda Couiity, Texas,130th Judicial District, filed Dec. 16, 1981), attorneys for plaintiffs engaged a consultant to prepare a report on B&R's engineer-ing on the Project.

The consultant's report was completed and' transmitted to the parties, their counsel and the court on October 1, 1984.

8410110185 841009 PDR ADOCK 05000498 G

PDR Tso3

Newmut O EOLTzusess. P.C.

Charles Bechhoefer, Esquire Dr. James C. Lamb, III Judge Ernest E. Hill October 9, 1984 Page Two The consultant's. report is subject to a protective order entered by the Texas court (copy attached) which requires that such material not be disseminated beyond the parties, their counsel and.the court.

The consultant's report assesses B&R's performance as engineer under.the contract between HL&P and B&R, addressing

.the adequacy of personnel, procedures and processes employed by BER engineering, as well as aspects of its engineering products.

The consultant's report states that it has not identified any reportable deficiency not previously reported under NRC-regulations.and, also, that it has not identified any deficiency (reportable or non-reportable) not currently being addressed by Bechtel.

Although the consultant's report considers some of the same engineering processes and products as the Quadrex Report, we do not believe that it is material to any matter before the Board for adjudication, particularly as the scope g

of the Board's review is reflected in its clarifying memorandum I

of July 19, 1984:

The Quadrex Report is, of course, an evaluation of the engineering practices L

of Brown & Root, Inc. (B&R).

B&R is no Llonger associated with the project.

Although HL&P's activities in supervising l

B&R's design engineering efforts may theoretically _have some bearing on an overall assessment of HL&P's character, we have already examined those activities i

L to a considerable extent.

See, e.g.,

PID, L

at pp. 40-41, 44.

We do not believe that L

further inquiry into this subject through the findings of the Quadrex Report would be productive.

I

-Memorandum and Order (Denying Reconsideration by Clarifying Memorandum and Order of May 22, 1984), July 10, 1984, at p. 5.

L i

l

e NzwxAN & Hor.rzswona P. C.

Charles Bechhoefer, Esquire Dr. James C. Lamb, III Judge Ernest E. Hill October 9, 1984 Page Three Accordingly, we do not plan to provide the consultant's report to the Board or the parties in this proceeding.

If, however,-the Board believes any other action is required, HL&P will seek the authorization of the court.

Respectfully submitted, hW Attachment cc:

Service List

=

t.

l 1

l t

NO. 81-u-0646.C f

mousTom L GuTxec a powEn I

COMPAWV. INDIVIDUALLY aWD I

Es PROJECT NkNAGER UNDER I

TNE SOUTM TREAS PROJECT I

FARTICIPATION AGREEMENT I

IN THE DISTRICT COURT OF SETWBEM TER CITY OF EAN I

l

' &WTONIO. TSEks CsWTRAL I

NATAGORDA COUNTY, TRE A6 I

l POWER AND LIGNT COMPAWY 130TM JUDICI AL DIETE!CT I

-WOUSTON L!GETING & P0 wen I

'ConPANT AND TME CITY Or l

I AUST!u, TREAS, EEBCUTES I

&S OP JULY 1. 1973, &S I

&MENDRD, ST AL.

I I

Ts.

I BROWN 6 DOCT, INC., BT AL.

I peoTECTtyt ORDBa to required to preserve the rights WMEREAs, this Court et all parties in this cause to a felt trial by an impartial I

l t

I jurys and l'

WutREAS, this Court has prevleuely ordered that no the depeettien testimony me roleesed to the eedte by any of."

parttee to this litigations and the likelihood te great that potential WNERE,AS, jurors will he prejudiced by pretrial publicity, given the f.

particular ciremastantes surroundlag this cause, which this tac 1mde Court takes judicial setice, which The ess11 else of Say City, the town where 1.

to located. and the prentetty of the tawa to the f

the Court south Teses Nuclear Frejects The savous117 eastional nature of the issues 3.

lavelveds 4

The pretrial statue of the suit t 3.

4.. The complosity.of the eutte sad the enerseus ausber of documente tavolved, which. if selectively disclosed e

to third partise by the parties or their attorneys, seuld present satettally f ales impressione se to the scrite of the the eleise and their likeltheed of euseoes and 1sterfere with right to a fair trial to which all parttee are entitlede e

EXHIt!T 5 l

c s' ', ;

l^

d

..h

~

S.

The fact that despite the Court's order of Ostsher 33, 1983 and the previsione of Ten.

R. Civ. p. 210, thir4 parties have sought to obtain eteese to the depositions taken in this osuoas and Wask2ts, all partise to this caves have a cor.stitutional ragtt to a fair trial, while third partise have no cometitutional mer season law right of access to pretrial documente obtained through the discovery process in a eiv11 esses and s

WNEREAS, this Court le entitled to toeve protective orders, in its sound discretion and in light of the relevant R.

f acts and earcumstances of the particular case, under Tes.

Civ. p. 186bs it to hereby ADJUDGED and DECREED that prior to trial

ORDERED, 1.

All etterneys to this action shall strictly adhere to the letter and ' spirit of the provisione of the Texas Code of professional Responalbility governing comments to the Specifically, all attorneys shall refrain media in civil comes.

an " opinion fror. asking extrajudicial statements which constitute a

t as to the merits of the claine er defenses of a party,' or which are ' reasonably likely to interfere with a fair trial of the I

action.' DR 7-10 7 (G).

All parties, attorneys, esports employed by the 2.

parties, seurt reporters, clerks and officers of the Court shall refrain from disclosing to third parties Laformation obtained l

through the Court's discovery pro = esses.

All deposit $one, interrogatories and anevers 3.

therete, requeste for admissions and answere thereto, and all other doensente that say he offered $a evic,ence in this sauna shall be filed ender seal and shall be opened only by erder of the Court.

(

If the Court determines that any party's right 4

to a f air trial has been jeopardised 'by a violation of this Order, it may take appropriate action, including but het gasinst

• i

~

p a

4

.)

21mited to disalseing the claims for relief of any party found 44 vie {stica of the Order, or ruling that any document rolessed to the press shall be landslosible et trial.

5.

This Order shall met he laterpreted to prohibit ettorneys free'cosounicating with the parties in order to prepare for tr$al, mer shall it be interpreted to prehabit the third parties from attending any 11ve eessions before the Court er from publishing any informatten they have already

.ebtained or may obtain in the future. The ters " third parties *

&acludes at.y person or organisation met a party, not an attorney for a party, or met a person employed by the parties er attorneys e

forthepartishforthepurposeofassistinginthis litigation.

6.

Tnie order covers only those documente obtained through the discovery pre, cess, including depositten testimony, which say be effered in evidence la this cause, and does set sever pleadings, briefs and legal memoranda.

1 1

The court shall entertain reasonoble rogueste i

I to modify thisjorder as the need arises.

a i

j EIGNED this 29th day of De ce mb e r

, 1983.

)

i

1. OM - A JUDGE PRf5IDING

'J i.~

%J i

f l

I l

i I

l g

gxHIBIT I l.

t

~

,-. J

--.-c

~ ~ - - - ~ ~ - ' ' ' ~ ' ' " ~ ~ ' ~ ' " * * * " ~ ~ " " " ~ " ~

r s

s

. ce UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

)

)-

HOUSTON LIGHTING & POWER

)

Docket Nos. 50-498 OL COMPANY, E_T _AL.

)

50-499 OL (South Texas Project,. Units'l )

and 2)

)

CERTIFICATE OF SERVICE

-I,hereby certify.that copies of Applicants' letter of October 9, 1984, have been served on the following indi-viduals and entities by deposit in the United States Mail,

.first class, postage prepaid, on this 9th day of October, 1984.

Charles Bechhoefer, Esq'.

Brian Berwick, Esq.

Chairman, Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texas Board Panel Environmental Protection U.ES. Nuclear Regulatory Commission Division Washington, D.C.

20555 P. O. Box 12548, Capitol Station Austin, TX 78711 Dr. James C. Lamb, III Administrative-Judge William S. Jordan, III, Esq.

313 Woodhaven Road Harmon, Weiss & Jordan

~

Chapel Hill, NC 27514 2001 S Street, N.W.

Washington, D.C.

20009 Judge Ernest E.

Hill hill Associates-Kim' Eastman, Co-coordinator 210 Montego Drive Barbara A. Miller Danville,-California 94526 Pat Coy Citizens Concerned About Mrs. Peggy Buchorn Nuclear Power Executive Director 5106 Casa Oro Citizens for Equitable San' Antonio, TX 78233 n

~ Utilities,'Inc.

Route 1, Box 1684 Lanny Sinkin Brazoria, TX 77422 114 W.

7th, Suite 220 Austin, TX 78701 l'

x4 -

g

- s

- q 2-Robert G.~-Perlis, Esq.

Office of.the Executive-Legal i'

Director U. S. Nuclear: Regulatory Commission Washington, D.C..

20555-Atomic Safety _-and Licensing Appeal-

-Board U. S. Nuclear Regulatory Commission Washington,.D.C.

20555 i

-Atomic Safety and Licensing Board U..S.; Nuclear. Regulatory Commission Washington, D.C.

20555-Docketing and Service Section Office.of'the Secretary U. S. Nuclear Regulatory Commission

~

' Washington, D.C.-

20555 hl44%"

/

f h*

t

?

, u.

i b -:

4 T,a.

n-1r ?wy-a-F N-r

-w-mee v '

rw+

p'W-

---

y p-wrw?- y e-'-it w

, T v7 - e teyp yg--y g-pr yy*g-'--'=*e--e-trp r ep' wvyy$

%-Mww wp--g wwe--------T+M'---'FF^