ML19254B232

Submits Jul 1979 Discovery Rept

ML19254B232
Person / Time
Site:	South Texas
Issue date:	08/07/1979
From:	Flynn P HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Glaser M, Mark Miller, Wolfe S Atomic Safety and Licensing Board Panel
Shared Package
ML19254B231	List: ML19254B230 ML19254B232 ML19254B233
References
NUDOCS 7909260148
Download: ML19254B232 (3)

Text

4 LAW OFriCES LOWENSTEIN. NEWMAN. REIs. AXELRAD Ec TOLL lC 2 5 CO N N ECTecu t Avt N u t. N. W.

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,=c cc a.c s. osae Marshall E. Miller, Esquire Michael L. Glaser, Esquire Sheldon J. Wolfe, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Houston Lighting & Power Company South Texas Project, Units 1 and 2 (Docket Nos. 50-498A and 50-499A)

Gentlemen:

This is the July 1979 discovery report of Houston Lighting

& Power Company.

During the month of July, counsel for Houston and/or the Texas Utilities Companies deposed each of the individuals whose names are listed below: 1/

Robert M. Gross Southern Engineering Company Maynard Human (indiv- Western Farmers Electric Cooperative idually and as Keeper of the Records)

Keeper of the Records C.H. Guernsey, T n ~, . '

N.C. Lerner Transcomm, Inc.

William F. Scott U.S. Department of Energy Carl Stover C.H. Guernsey, Inc.

E. Eldridge Stridel (individually and as Keeper of the Records) Sam Houston Electric Cooperative, Inc.

The depositions of both Caroline Smith of J.W. Wilson & Associates and Milton T. Potts of the Sam Houston Electric Cooperative 1/ In several instances, the depositions have been recessed and therefore may be resumed at some' time in the future.

992 326 7 009280\d 11

LQ W E N ST E I N, .N EW >t A N. R e t s. Axz ta r u 6c To LL Marshall E. Miller, Esquire Michael L. Glaser, Esquire Sheldon J. Wolfe, Esquire August 7, 1979 Page Two were indefAnitely postponed. Mr. Potts was initially identified as a potential fact witness by the Staff, and Ms. Smith was initially identified as a potential fact witness by the Staff and the Department. However, neither the Staff nor the Department now intends to call Mr. Potts or Ms. Smith, and they are not presently included on the potential witness lists of any other party. Houston therefore agreed to indefinitely postpone their respective depositions on the condition that Houston retains the right to depose these people if they are again added to a party's potential witness list.

Houston voluntarily exchanged with the Staff and the Department documents pertaining to the backgrounds of the parties' respective expert witnesses. The exchange involved lists and/or copies of the experts' prior testimonies and/or publications. 2/

On July 2, 1979, Brownsville produced documents responsive to Houston's interrogatories 23 and 44. Brownsville also furnished Houston with copies of those documents that Brownsville has provided to the Department and the Staff.

Houston had provided the Department with an updated privilege list on May 24, 1979. Since that time, counsel for the Department and Houston have conducted negotiations with regard to the status of certain documents. As a result of the negotiations, on July 3, 1979, Houston furnished to the Department copies of sixteen documents. The parties did not reach agreement as to all documents, however. Therefore, on July 11, 1979, the Department filed a motion to compel production by Houston of certain documents which Houston contends are privileged. Houston obtained an extension of time to respond until August 6, 1979, and on that day, Houston filed its answer in opposition to the Department's motion.

On July 12, 1979, Houston received from the. Staff copies of documents consisting of communications between Staf f counsel and its testifying expert witnesses. These documents were forwarded pursuant to the Board's order at the June 1, 1979 Prehearing Conference.

2/ Houston has still not received copies of the prior testimonies and publications of the Staff's engineering and power supply e': pert Robert Hartley. However, Staff counsel has assured Houston that these copies will be forwarded shortly.

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992

Lp w z x st r i x, N Ew:-.. - -3 .. AxrtnAu & Tott Marshall E. Miller, Esquire Michael L. Glaser, Esquire Sheldon J. Wolfe, Esquire August 7, 1979 Page Three The Department filed its first supplemental response to Houston's second set of interrogatories and requests for production of documents on July 13, 1979.

Finally, on July 16, 1979, Houston received from the Staff a supplemental request for the production of documents.

Respectfully submitted, f& k . fO Peter G. Flynn Attorney for Houston Lighting &

Power Company PGF/ar cc: Service List

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992 328

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