ML20210S441
| ML20210S441 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 10/02/1986 |
| From: | Eggeling W TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1010 OL, NUDOCS 8610080139 | |
| Download: ML20210S441 (7) | |
Text
I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f5 before the C
ATOMIC SAFETY AND LICENSING BOARD
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~86 0CT -7 All :37 In the Matter of
)
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Docket Nos. 50-445-OL 50-446-OLffF TEXAS UTILITIES ELECTRIC
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0C COMPANY, et al.
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i: r. g'r ii
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(Application for an (Comanche Peak Steam Electric
)
Operating License)
Station, Units 1 and 2)
)
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APPLICANTS'*' FURTHER SUPPLEMENTAL RESPONSE TO " CASE RESPONSE TO APPLICANTS' MOTION FOR PROTECTIVE ORDER RE 6/27/06 DISCOVERY AND MOTION TO COMPEL" On June 27, 1986, CASE filed a Request for Production of Documents directed to the Applicants generally and, in certain particulars, to the Minority Owners of the CPSES Project specifically.
On August 1, Applicants filed their Response thereto, delineating which replies were those of the Joint Owners collectively and which were those of the Minority Owners separately.
On September 2, Applicants filed their Response to an intervening CASE Motion to Compel, again differentiating the responses which were those of a Minority Owner of the CPSES Project.
Since those filings, one of the Minority Owners has concluded that it is necessary to amend its earlier expressed positions.
That amendment is transmitted herewith as Appendix A.
Respe tf Ily su
- ttted, l
l Thomas 6. DignangJr.
R.K. Gad III
((/
William S. Eggeling Kathryn A.
Selleck R0 PES & GRAY 8610080139 861002 225 Franklin Street DR ADOCK 0500 5
Boston, MA 02110 (617) 423-6100
- / A defined term.
- See, e.g., Applicants' Response to CASE Request for Production of Documents (June 27, 1996) and Motion for Protective Order, filed August 1, 192o, at note 1.
503
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OCT 02
'86 13:55 P02 APPENDIX A AMENDED RESPONSE OF APPLICANT TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC.
TO CASE'S JUNE 27, 1986 REQUEST FOR PRODUCTION OF DOCUMENTS CASE'S June 27, 1986, Request for Production of Documents included the following request directed to the minority owners of the project, including Tex-Las 1.
All documents in the possession of any of the owners of Comanche Peak Steam Electric Station that were generated in the course of the " monitoring program 1
undertaken by Tex-La in connection with Comancho Peak,"
including but not limited to all assessments, independent assessments,
)
evaluations, interim reports, notes of meeting, and raw data generated.
See
" Permits / Licenses The Minority owners' Responsibilities, The Function of Legal Counsel," presented by William H.
Burchette, General Counsel, Tex-La Electric Cooperative of Texas, Inc.,
before the NRECA Committee on Joint Ownership Meeting, May 20-21, 1986, p.
5, hereinafter "Burchette speech" (copy attached).
Please include all documents (1) between the persons conducting the assessment, monitoring, and evaluation; l
(2) between the persons requesting such assessment, monitoring, and evaluation and other persons within Tex-Las and (3) between any person employed by, representing, or providing contracting or consulting services to Texas Utilities Electric Company or any of l
its parents, subsidiaries, or predecessors in interest and any person at Tex-La with respect to such assessment, monitoring, or evaluation.
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i OCT 02
'86 13:56 P03
' In its initial response, Tex-La agreed to provide the requested documents to the extent that they did not include any communications between Tex-La and its attorneys, any attorney work product, or any documents or writings prepared by Tex-La's consultants in anticipation of litigation.
Tex-La subsequently clarified its response by listing four specific documents as to which it asserted a privilege and which it would withhold from CASE, and agreed to provide the remaining documents within the scope of the discovery request.
j Upon further consideration of CASE's request, Tex-La j
has determined that it will invoke the work product privilege,
)
pursuant to 10 C.F.R. 52.740(b) (2) and Rule 26 of the Federal Rules of Civil Procedure, as to the following additional documents prepared in anticipation of litigation:
1.
Project monitoring and evaluation reports prepared by Southern Engineering Company (" Southern Engineering")
dated 2/85, 3/85, 4/85, 6/85, 8/85, 10/85, 12/85, GDS Associates, Inc.
(" GDS") dated 4/86, 2/86, and by/
6/86, 9/86.J.
2.
Southern Engineering cash flow estimates, telecopied from Jim McGaughy to J. D. Copeland, Brazos Electric Power Cooperative, Inc., dated 6/23/85.
3.
Memorandum by Jim McGaughy, Southern Engineering, to file, dated 8/27/85, regarding various telephone calls to TUEC.
4.
Memorandum from Hugh Baker, Southern Engineering, to Jim McGaughy, dated 6/26/85, regarding Comanche Peak Cost Projections (with data attached).
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GDS was formed in February, 1986 by several former principais and employees of Southern.
Shortly after its formation, GDS was retained by Tex-La to continue the plant monitoring services that had been performed by Southern Engineering.
Southern Engineering's role was terminated at that time.
All persons identified as working for Southern presently work for GDS.
i OCT 02
'86 13:57 po4
. 5.
Notes of Dave Garlington, Southern Engineering, regarding TUGCO NRC Public Meeting, 2/6/86, Arlington, Texas.
I 6.
Notes of Dave Garlington, Southern Engineering, regarding TUGCO meeting with NRC, 12/85, Arlington, Texas.
7.
Notes of Dave Garlington, Southern Engineering, regarding meeting in Bethesda between CASE and NRC technical staff, 11/19/85.
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8.
Notes of Dave Garlington, Southern Engineering, regarding meeting in Granbury, Texas, between all parties, dated 11/5/85.
9.
Notes of Dave Garlington, Southern Engineering, regarding meeting in Granbury, Texas, between TUGCO and NRC regarding Stone & Webster piping system analysis status, dated 10/2/85.
10.
Notes of Dave Garlington, GDS, regarding 8/7/86 meeting with John Beck and Terry Tyler of TUGC0 (includes typed list of questions for John Book).
11.
Notes of 8/6/86 GDS tour of Comanche Peak and meetings with TUGCO personnel (author not named).
12.
Notes of Dave Garlington, Southern Engineering, regarding 6/12/86 tour of Comanche Peak and meetings with TUGCO personnel.
13.
Notes of 4/17-18/86 GDS tour of Comanche Peak and meetings with TUGC0 personnel (author not named).
4 14.
Notes of 4/5/86 meeting with Bill Council (author not named).
15.
Notes of 2/10-11/86 GD8 tour of Comanche Peak and of 2/27/86 meeting with John Finneran, TUGC0 (author not named).
16.
Notes of 12/85 GDS tour of Comanche Peak and meetings with TUGCO personnel (author not named).
17.
Notes of September / October, 1985 GD5 tours of Comanche Peak and meetings with TUGCO personnel (author not named).
6 OCT 02
'86 17846 P02
. 18.
Notes of July / August, 1985 GD8 tours of Comanche Peak and. meetings with TUCCO personnel (author not named).
19.
Notes of April /May/ June, 1985 GDS tours of Comanche Peak and meetings with TUGCo personnel (author not named).
20.
Handwritten summary of weekly status reports by Dave Garlington, Southern Engineering, dated 10/10/85.
21.
Handwritten summary of Unit 2 weekly status reports prepared by Dave Garlington, Southern Engineering, dated 10/24/85.
22.
Letter from John Butts, President of Tex-La, to Jim McGaughy, GDS, dated 4/2/86, regarding TUEC construction permit expiration.
23.
Memorandum from Jim McGaughy, GDS, to John Butta, Tex-La, and Richard McCaskill, Brasos, dated April 30, 1986, regarding meeting with Bill Counsil.
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DOLMETED USNRC 16 007 -7 N1:20 CERTIFICATE OF SERVICE oneofthhattorneysfogf8hs0 Applicants I, William S.
- Eggeling, OcMETj u c 3rpyjcg herein, hereby certify that on October 2, 1986, I made s'$rOEEe of the within " Applicants' Response to CASE Request for Production of Documents (June 27, 1986) and Motion for Protective Order" by i
mailing copies thereof, postage prepaid, to:
Peter B.
Bloch, Esquire Mr. James E.
Cummins Chairman Resident Inspector Administrative Judge Comanche Peak S.E.S.
Atomic Safety and Licensing c/o U.S.
Nuclear Regulatory Board Commission U.S.
Nuclear Regulatory P.O.
Box 38 Commission Glen Rose, Texas 76043 Washington, D.C.
20555 Dr. Walter H.
Jordan Mr. William L.
Clements Administrative Judge Docketing & Services Branch 881 W.' Outer Drive U.S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 Washington, D.C.
20555 Chairman Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board Panel U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Stuart A.
Treby, Esquire Mrs. Juanita Ellis Office of the Executive President, CASE Legal Director 1426 S.
Polk Street U.S. Nuclear Regulatory Dallas, Texas 75224 Commission Washington, D.C.
20555
6 t
Renea Hicks, Esquire Ellen Ginsberg, Esquire Assistant Attorney General Atomic Safety and Licensing Environmental Protection Division Board Panel P.O.
Box 12548, Capitol Station U.S.
Nuclear Regulatory Commission Austin, Texas 78711 Washington, D.C.
20555 Anthony Roisman, Esquire Mr. Lanny A.
Sinkin Executive Director Christic Institute Trial Lawyers for Public Justice 1324 North Capitol Street 2000 P Street, N.W.,
Suite 611 Washington, D.C.
20002 Washington, D.C.
20036 Dr. Kenneth A.
McCollom Mr. Robert D.
Martin Administrative Judge Regional Administrator 1107 West Knapp Region IV Stillwater, Oklahoma 74075 U.S.
Nuclear Regulatory Commission Suite 1000 611 Ryan Plaza Drive Arlir.gton, Texas 76011 Ms. Billie Pirner Garde Geary S.
Mizuno, Esq.
Midwest Office Office of the Executive 3424 N. Marcos Lane Legal Director Appleton, WI 54911 U.S.
Nuclear Regulatory Commission Maryland National Bank Bldg.
Room 10105 7735 Old Georgetown Road Bethesda, Maryland 20814 Elizabeth B.
Johnson Administrative Judge Oak Ridge National Laboratory P.O.
Box X, Building 3500 Oak Ridge, Tennessee 37830 Nancy Williams Cygna Energy Services, Inc.
101 California Street Suite 1000 San Francisco, California 94111
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P William S.
Egg ng /
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