ML19323C274

Response to Houston Lighting & Power Motion to Compel Documents from Midwest Electric Cooperative.Motion Should Be Denied But May Be Renewed If ASLB Decides Documents Are Discoverable.Verification Encl

ML19323C274
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	04/24/1980
From:	Oneil R, Wetzel P MIDWEST ELECTRIC COOPERATIVE, MILLER, BALIS & O'NEIL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005150240
Download: ML19323C274 (3)

Text

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/4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

)

HOUSTON LIGHTING & ) Docket Nos. 50-498A POWER COMPANY, et al., ) 50-499A

)

(South Texas Project, )

Units 1 and 2) )

. )

TEXAS UTILITIES ) Docket Nos. 50-445A GENERATING CO., et al., ) 50-446A

)

(Comanche Peak System )

Electric Station, )

Units 1 and 2). )

RESPONSE OF PARKER WETZEL AND MIDWEST ELECTRIC COOPERATIVE TO HOUSTON LIGHTING & POWER COMPANY'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM THE FILES OF THE MIDWEST ELECTRIC COOPERATIVE Parker Wetzel and Midwest Electric Cooperative, through counsel, submit herewith their Response to Houston Lighting & Power Conpany's Motion to Compel Production of Documents from the Files of the Midwest Electric Cooperative

(" Motion").

Fi rs t, Parker Wetzel and Midwest have not refused to comply with any properly issued subpoenas, and therefore, -

Houston's Motion is premature. However, they have, through co un sel, advised Houston that confidential business information is sought by Houston and the release of the information would not be allowed if legally permissible.

Y The documents sought by Houston from Parker Wetzel and Midwest are identical to documents sought from Southwest Texas Electric Cooperative. Accordingly, the disposition by the B6ard of Houston's Motion directed to Southwest will in all probability govern the disposition of the issues involved in the Motion directed to Midwest.

Accordingly, it is respectfully submitted that the Board should deny Houston's Motion without prejudice to Houston's right to. renew it should the Board determine that the identical documents sought from Southwest are discoverable and there remain a disagreement between Parker Wetzel and Midwest as to discoverability of the same documents from the files of Midwest. This procedure would adequately protect the rights of all the parties involved.

Respectfully submitted,

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Robert A. O'Neil l Attorney for Elton McGinnes and l Southwest Texas Electric Cooperative l MILLER, BALIS & O'NEIL, P.C.

776 Executive Building 1030 Fif teenth Street, N.W.

Washington, D.C. 20005 Date: April 24, 1980

y VERIFICATION i

j DISTRICT OF COLUMBIA /ss:

1 Robert A. O'Neil, being first duly sworn on oath deposes and says that he has read the foregoing document and knows the contents thereof, that he has been authorized to present the same on b.ehalf of Parker Wetzel and Midwest Electric Cooperative and that the facts therein stated are true and correct as he verily believes.

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Robert A. O'Neil /

Subscribed and sworn to before me ';his 24th day of April, 1980.

T Notary Public My Commission Expires:

i My Commission Expires June 14. 1982 l

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