ML19257A087

Motion by Public Utils Board of City of Brownsville,Tx to Compel Central & South West Corp & Central Power & Light to Produce SB Phillips for 800108 Deposition in Dallas,Tx.Urges Shortened Time for Responses or Objections

ML19257A087
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	12/13/1979
From:	Poirier M SPIEGEL & MCDIARMID, TEXAS, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19257A088	List: ML19257A087 ML19257A090
References
NUDOCS 8001020079
Download: ML19257A087 (5)

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UNITED STATES OF AMERICA BEFORE THE k, thg'( P(,#gd 67 NUCLEAR REGULTORY COMMISSION Qt G* Y >

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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HOUSTON LIGHTING & POWER COMPANY, ) Docket Nos. 50-498A et al., ) and 50-499A (South Texas Project, Units 1 )

and 2) )

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TEXAS UTILITIES GENERATING COMPANY,) Docket Nos. 50-445A et al., and 50-446A (Comanche Peak Steam Electric )

Station, Units 1 and 2) )

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MOTION TO COMPEL DEPOSITION, FOR SHORTENED TIME FOR RESPONSE, AND FOR LEAVE TO REPLY The Public Utilities Board of the City of Brownsville, Texas, pursuant to 10 C.F.R. S2.740(f), hereby requests the Atomic Safety and Licensing Board to order Central and South West Corporation ("C&SW") and Central Power and Light Company ("CP&L") to produce Mr. S. B. Phil..ips, Jr., for deposition on January 8, 1980 in Dallas, Texas. Mr.

Phillips' deposition was properly noticed for December 17, 1979, but as a courtesy to C&SW/CP&L counsel the undersigned agreed to postpone depositions to a future mutually agreeable date.

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C&SW/CP&L counsel have now informed the undersigned that they will not voluntarily produce Mr. Phillips for deposition.

Mr. Phillips is the Chairman and Chief Execut've Officer of Central and South West Corporation. On November 23, 1979, the Public Utilities Board of the City of Brownsville, Texas ("Brownsville") issued a Notice of Taking of Depositions, in accordance with 10 C.F.R. 52.740a (Attachment A). Mr. Phillips' deposition was set for December 17, 1979 in Dallas, Texas. (Three other depositions were to have taken place on December 11-13 in Corpus Christi, Texas.)

On November 30, 1979, counsel for CP&L and C&SW con-tacted counsel for Brownsville with a request to postpone all four depositions. The matter of an extension of the discovery period in this proceeding was before this Board, and an agreement was reached to postpone the depositions until January, or until late December if the extensions were not granted. This agreement was reported to the Board in Brownsville's monthy discovery status report, dated December 5, 1979.

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On December 11, 1979, counsel for Brownsville contact-d counsel for CP&L and C&SW to reschedule the postponed deposi-tions. For Mr. Phillips, Brownsville proposed a deposition date of January 8, 1980, in Dallas. Counsel for CP&L and C&SW stated that he would refuse to produce Mr. Phillips and would file a motion resisting any deposition of Mr. Phillips.

Accordingly, Brownsville requests the Board to order Mr. Phillips to appear for deposition on January 8, 1980 at 9:30 a.m. in Dallas, Texas at a location to be specified by Brownsville.

In addition, Brownsville requests the Board to order C&SW/CP&L to respond to this Motion no later than December 20, 1979. This will avoid any further delay in deposing Mr. Phillips. C&SW/CP&L are fully aware of this matter, and a week will provide ample time for them to pre-sent to the Board any reasons for resisting this deposi-tion.

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Further, Brownsville requests an opportunity to reply to any C&SW/CP&L response or objections to this Motion.

Accordingly, Brownsville requests the C&SW/CP&L counsel be required to serve any responses to this Motion by hand, and that Brownsville be allowed until December 27, 1979 to file a reply.

For the above reasons, the Public Utilities Board of the City of Brownsville, Texas respectfully requests that the Board issue an order requiring that:

1) Central and South West Corporation and Central Power & Light Company produce Mr. S. B.

Phillips, Jr. for deposition in Dallas, Texas on January 8, 1980 at 9:30 a.m. at a place to be specified by Brownsville;

2) Responses or objections to this Motion be hand delivered to Brownsville counsel and filed with the Board no later than December 20, 1979; 1665 192

3) Any reply to such responses or objections be served on C&SW/CP&L counsel and filed with the Board no later than December 27, 1979.

Respectfully submitted, Vh} 0%C hc,h Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas December 13, 1979 Law Offices of:

Spiegel & McDiarmid 2600 Virginia Avenue, N.W.

Washington, D.C. 20037 1665 193