ML19309C981

Ack Receipt of & Accepts 800312 Ltr in Lieu of Interrogatory Answer Per 800307 Prehearing Ruling.Ltr Does Not Solve Houston Lighting & Power Problems Re C Stover Deposition.Doj 800311 & 12 Ltrs & Certificate of Svc Encl

ML19309C981
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	03/13/1980
From:	Green D LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Cyphert S JUSTICE, DEPT. OF
References
NUDOCS 8004090439
Download: ML19309C981 (10)

Text

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LAW OFF4CES LoWENSTEIN, NEWM AN. REIs. AXELHAD & TOLL 802 5 CON N ECTtCut AVE NU E, N. w.

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< gg DOCK]D IIAND DELIVER *- -  ;

D tSR i 3 ECDP -Q' Susan B. Cyphert, Esquire -

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U.S. Department of Justice ,

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414 Eleventh Street, N.W.

4# @g Room 8308 im ,

Washington, D. C. 20530 Re: In the Matter of Houston Lighting ,

.& Power Company, et al. (South Tc.xas Project, Units.1 and 2), Docket Nos.

50-498A-50-499A; Texas Utilities l

Generating Company, et al. (Comanche Peak Str am Electric Station, ' Units 1 and 2), Docket Nos. 50-445A-50-446A.

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Dear Ms. Cyphert:

Thank you for your letter of March 12, 1980 (copy attached). IIouston is willing, as I indicated, to accept that letter in lieu of the immediate interrogatory. answer contemplated by the Board's ruling at the' March 7 prehearing conference, based on your representation that the Department' '

simply cannot now give us any more information. I wish to emphasize, however, that your letter does not~ provide what we need in order.to take.a meaningful deposition.of Mr.. Stover-and does not resolve the problems IIouston has been presented with concerning his testimony.  :

By virtue of the. Department's representation that it

.now intends to call Mr. Carl Stover as an expert witness, we will have to redepose Mr. Stover regarding his expert opinion. Before'we do undertake to redepose Mr. Stover,.how-ever, I need clarification from.you as to whether you have now reached an agreement with Mr. Stover and his attorney

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that Mr. Stover will give expert. testimony.

800.4090439 r,n.-

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Suuan B. Cyphert, Esquire March 13, 1980 Page Two In the deposition of Mr. Stover taken on July 24, 1979, we were prevented from asking Mr. Stover questions about his export opinion. Prior to the beginning of the deposition, Mr. Galt reprenented that Mr. Stover had not been retained as an expert witness by the Department and, therefore, he was not going to let Mr. Stover answer any quections relating to Mr. Stover's expert opinions. Mr.

Calt did, in fact, instruct Mr. Stover not to answer ques-tions on mattern which the Department now staten he in going to tenti fy about. Ms. Ilarris agreed with the position taken by Mr. Galt and likewine objected to questions in the deposi-tion on the grounds that they called for expert opinion.

Accordingly, I am requenting immediate confirmation that the Department han now retained Mr. Stover, and that his attor-ney will not object to !!ouston asking him expert opinion questions when we redepoac him.

In addition, Mr. Stover has refused to produce the ctudies which the Department han indicated he is now going to testify about. lie claimed that these studien were priv-ileged and would not be produced because he was not going to t.entify about them in the hearing. Again, if Mr. Stover la now going to testify about thoue studies, we would expect the Department to produce them immediately along with all of the workpapern and correspondence relating to the studies.

As you know, Mr. Stover's cliento have alno refused to pro-duce thene studica. If the Department intenda to call any of Mr. Stover's clients an fact witneauen, we requent that you provide un with their copics of Mr. Stover's studies along with any of his workpapers they may have.

I concur in the suggestion in your letter that the Board chould be advised of our agreement and of the status of this matter. Accordingly, I have forwarded copies of our correspondence on thia matter to the Board members and the Service Lint.

The exigencies of time are such that the Department's immediate attention to the matters set forth above would be much appreciated.

ery tru yourn, t

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( oyglas G. Green Attorney for llouston Lighting

& Power Company DGG/nm .

cc: Service List i

,yd3 UNITED ST.\TES DEPAlfrMENT OF JUSTICE W@e.

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",*; ";'.1.; March 12, 1980

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DAK:SBC 60-415-105 I!AMD-DELIVERED Douglas G. Green, Esquire Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N. W.

Washington, D. C. 20036 Re: In the Matter of Houston Lighting &

Power Company, et al. (South Texas Project, Units 1 and 2), Docket Nos.

50-498A-50-499A; Texas Utilities Gene-rating Company, et al. (Comanche Peak Steam Electric Station, Units 1 and 2),

Docket Nos. 50-445A-50-446A

Dear Mr. Green:

Pursuant to our telephone conversation on March 11, 1980, I am sending you this letter to confirm our agreement.

On February 19, 1980, IIouston Lighting & Power Company

("IIL& P " ) filed its Motion to Compel further answers from the Department of Justice (" Department") re: Carl Stover. On March 5, 1980, the Department filed its Response which sets forth our present knowledge regarding Mr. Stover's proposed testimony. On March 7, 1980, the Board ordered the Department to provide IIL&P with further answers to its Fourth Set of In-terrogatories to the Department regarding Mr. Stover. On March 11, 1980, I contacted you to clarify that the above-mentioned Response, filed by the Department on March 5, 1980, providen the totality of the Department's present knowledge regarding f1r. Stover at this time and contains the inforna-tion requested by your interrogatories. I agreed to provido you with any further information as it became available regard-ing the scope of Mr. Stover's proposed testinony or any other l

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o information sought by those interrogatories. I further acreed to provide you with any documents sont to or received from Mr. Stover, in conpliance with the Board's order relatina to expert witnesses. 1/ Finally, if HL&P desires, the Department is available to attend another deposition of Mr. Stover at any nutually convenient time prior to trial.

It is my understanding, that based on the aforegoing rep-resentations that !!L&P presently is satisfied that its inter-rog ories have been answered. I would like to inform the Doa. t of this acreenent at your earliest convenience, prefer-abl, today or tomorrow.

Sineerely, k /)(fly' lOS l0Y Susan Braden Cyphert Attorney Energy Section cc: Carl Stover Enclosure lf Pursuant to that agreement I am enclosinq a copy of a letter sent to Mr. Stover on March 11, 1980.

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, M M. r ~.. UNITED STATES DEPAllTMENT OF JUSTICE

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MAR 111980 c,a i , r .. i .....:. ..a w i.,,

DAK:SBC 60-415-105 Carl N. Stover C. II . Guernsey, Inc.

3555 N.W. 58th Street Oklahoma City, Oklahoma 73102 Re: In the Matter of I!ouston Lighting & Power Company, et al. (Soutri Vexas Project, Un fts 1 and 2), Docket Nos. 50-498A-50-499A; Texas Utilities Generating Comoany, et al. (Coman-che Peak Steam Electric Station, Units 1 and 2), Docket Nos. 50-445A-50-446A

Dear Mr. Stover:

Pursuant to our telephone conversation, enclosed please find a copy of : (1) E. Dale Scarth's direct testimony in the SCC proceedings; (2) a copy of E. Dale Scarth's deposition tes-timony in this proceeding to date (he is scheduled to be de-posed again in Dallas on March 27-28, 1980); and (3) a copy of Eugene Sin-the deposition testimony in this proceeding of D.

m o n t.. Mr. Simnons will be redeposed on April 4-5, 1980, here in Washington. - -

Texas Utiliti'es has designated Mr. Scarth as its expert engineer in this case. Ilouston Lighting & Power Company ("IIL & P " )

has designated Mr. Simmons and flerb Woodson of the University of Texar, as its expert engineering witnesses. Mr. Woodson is being deposed in Austin, Texas, today. I will send you a copy of his transcript next week.

l'or your information, I am also enclosing a copy of a mo t io n the Department recently received regarding your proposed testimony and a copy of the Department's response which is self-explanatory. Since the Department has now listed you as a potential expert witness, I am obligated by Order of the Board to provide copies of any correspondence to you or from you to all counsel, which I have done with this letter.

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At a pretrial conference last Friday, the Board indicated that trial would conmence May 14, 1980, as scheduled. We are obligated to provide a sumnary of the proposed testimony of all witnesses in our case to the Board and all counsel by April 14, 1980. In that regard, I would like to schedule a convenient time prior to that time to discuss this matter with you. At-torneys for IILt.P have requested an opportunity to redepose you if your testimony will expand beyond the scope of your previ-ous deposition.

Thank you for your continuing cooperation and interest in this matter. Please feel free to contact me regarding a con-venient time and place we can meet and if I can be of further assistance to you or your client (telephone: 202-724-6667).

Sincerely, 6/ don JU?'d C6 " , M Susan Braden Cyphert Attorney Energy Section Antitrust Division Attachments cc: all counsel of record

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE Ti!E ATOMIC SAFETY AND LICENSIMG BOARD In the Matter of )

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!!OUSTON LIGIITING & POUER COMPANY, ) Docket Nos. 50-498A et al. ) 50-499A

)

(South Texas Project, Units 1 )

and 2) )

)

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TEXAS UTILITIES GEMERATING COMPANY ) Docket Nos. 50-445A et al. ) 50-446A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I IIEREBY CERTIFY that copies of the foregoing:

Letter to Susan B. Cyphert, Esquire were served upon the following persons, by hand *, or by deposit in the United States Mail, first class postage prepaid, this 13th day of March, 1980.

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Marshall E. Miller, Esquire U.S. Nuclear Regulatory Commission Frederic D. Chanania, Esquire Washington, D.C. 20555 Michael B. Blume, Esquire Ann P. Hodgdon, Esquire Michael L. Glaser, Esquire U.S. Nuclear Regulatory Commission 1150 17th Street, N.W. Washington, D.C. 20555 washington, D.C. 20555 Roff Hardy Sheldon J. Wolfe, Esquire Chairman and Chief Executive U.S. Nuclear Pegulatory Commission Officer Pashington, D.C. 20555 Central Power and Light Company Post Office Box 2121 Atomic Safety and Licensing Corous Christi, Texas 78403 Anpeal Board Panel U.S. Nuclear Regulatory Commission G.K. Soruce, General Manager Washington, D.C. 20555 City Public Service Board Post Office Box 1771 Chase R. Stephens, Supervisor (20) San Antonio, Texas 78203 Docketing and Service Branch U.S. Nuclear Regulatory Commission Mr. Perry G. Brittain Washington, D.C. 20555 President Texas Utilities Generating Company Mr. Jerome D. Saltzman 2001 Bryan Tower Chief, Antitrust and Indemnity Dallas, Texas 75201 Group U.S. Nuclear Regulatory Commission G.W. Oprea, Jr.

Washington, D.C. 20555 Executive Vice President Houston Lighting & Power Comoany J. Irion Worsham, Esquire Post Office Box 1700 Merlyn D. Sampels, Esquire Houston, Texas 77001 Snencer C. Polyca, Esquire Worsham, Forsyth & Sampels R.L. Hancock, Director 2001 Bryan Tower, Suite 2500 City of Austin Electric Utility Dallas, Texas 75201 Post Office Box 1086 Austin, Texas 78767 Jon C. Foorl , Esquire Matthews, Nowlin, Macfarlane Joseoh Gallo, Esquire

& Barrett Robert H. Loeffler, Esquire 1500 Alamo National Building David M. Stahl, Esquire San Antonio, Texas 78205 Isham, Lincoln & Beale

-1120 Connecticut Avenue, Suite 325 Charles G. Thrash , Jr. , Esqui re Washington, D.C. 20036 E.W. Barnett, Esauire Theodore F. Weiss, Esquire Michael I. Miller, Esquire J. Gregory Copeland, Esquire James A. Carney, Esquire ,

Baker & Botts Sarah Welling, Esauire 3000 One Shell Plaza Martha n. Gibbs, Esquire Houston, Texas 77002 Isham, Lincoln & Beale One First National Plaza R. Gordon Gooch, Esquire Suite 4200 Steven R. Hunsicker, Esquire Chicago, Illinois 60603 Baker 4 Botts 1701 Pennsylvania Avenue Washington, D.C. 20006 e

Don R. Butler, Esquire David A. Dopsovic, Esquire Sneed, Vine, Wilkerson, Selman Frederick H. Parmenter, Esquire

& Perry Susan B. Cyphert, Esquire Post Office Box 1409 Nancy A. Luque, Esquire Austin, Texas 78768 Energy Section Antitrust Division U.S. Department of Justice Mr. William C. Price P.O. Box 14141 Central Power & Light Comoany Washington, D.C. 20044 P.O. Box 2121 Cornus Christi, Texas 78403 Morgan Hunter, Esquire Bill D. St. Clair, Esquire Mr. G. Holman King McGinnis, Lockridge & Kilgore

• West Texas Utilities Company Fifth Floor P.O. Box 841 Texas State Bank Building Abilene, Texas 79604 900 Congress Avenue Austin, Texas 78701 Jerry L. Harris, Esquire Richard C. Balough, Esquire W.S. Robson City of Austin General Manager P.O. Box 1088 South Texas Electric Cooperative, Inc.

Austin, Texas 78767 Route 6, Building 102 Joseph B. Knotts, Jr., Escuire Victoria Regional Airport Victoria, Texas 77901 Nicholas S. Reynolds, Esquire C. Dennis Ahearn, Esquire Robert C. McDiarmid, Esquire Debevoise & Liberman George Spiegel, Esquire 1200 Seventeenth Street, N.W. Robert A. Jablon, Esquire Washington, D.C. 20036 Marc R. Poirier, Esquire Scieac1 & McDiarmid Don H. Davidson 2'600' Virginia Avenue, N.W., Suite 312 City Manager ,

Washington, D.C. 20037 City of Austin P.O. Box 1088 Kevin B. Pratt Austin, Texas 78767 Texas Attorney General's Office P.O. Box 12548 Jay Galt, Esquire Austin, Texas 78711 Looney, Nichols, Johnson & Hays 219 Couch Drive William H. Durchette, Esquire Oklahoma City, Oklahoma 73102 Frederick H. Ritts, Esquire ,

Law Offices of Northcutt Ely Knoland J. Plucknott Watergate 600 Building Executive Director Washington, D.C. 20036 Committee on Power for the South-west, Inc. Tom W. Gregg, Esquire 5541 East Skelly Drive P.O. Box Drawer 1032 Tulsa, Oklahoma 74135 San Angelo, Texas 76902 John W. Davidson, Esauire Leland F. Leatherman, Esquire Sawtell, Goode, Davidson & Tioili McMath, Leatherman & Woods, P.A.

1100 San Antonio Savings Duilding 711 West Third Street San Antonio, Texas 78205 Little Rock, Arkansas 72201 Douglas P. John, Esquire Paul W. Eaton, Jr.,. Esquire McDermott, Will and Emery Hinkle, Cox, Eaton, Coffield & Hensley 1101 Connecticut Avenue, N.W. 600 Henkle Building Suite 1201 P.O. Box 10 Washington, D.C. .20036 Roswell, New Mexico 88201

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Robert M. Rader, Esquire Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 W.N. Woolsey, Esquiro Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower Corpus Christ, Texas 78474 Donald M. Clements, Esquire Gulf States Utilities Company P.O. Box 2951 Beaumont, Texas 77704 Dick Terrell Brown, Esquire 800 Milam Building San Antonio, Texas 78205 1

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