ML19322E740

Motion to Compel Houston Lighting & Power to Supplement 790111 & 0427 Answers to 781122 Interrogatories.Urges Fulfillment of Current Obligations Arising from Development of New Info.Certificate of Svc & Proposed Order Encl

ML19322E740
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	02/28/1980
From:	Cyphert S, Luque N JUSTICE, DEPT. OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19322E710	List: ML19322E730 ML19322E740
References
NUDOCS 8004020190
Download: ML19322E740 (7)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498A CO., ET AL. (South Texas ) 50-499A Project, Units 1 and 2) )

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TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanche Peak Steam ) 50-446A Electric Station, Units 1 )

and 2) )

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MOTION OF THE DEPARTMENT OF JUSTICE TO COMPEL HOUSTON LIGHTING & POWER COMPANY TO SUPPLEMENT ITS RESPONSE TO THL DEPARTMENT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS The Department of Justice (" Department") respectfully requests that the Atomic Safety and Licensing Board (" Board")

compel Houston Lighting & Power Company ("HL&P") to now supplement its response to the First Set of Interrogatories and Requests for the Production of Documents from the l Department of Justice to Houston Lighting & Power and Texas i

Utilities Companies. The Department further requests that the Board direct HL&P to furnish such responses no later than March 6, 1980.

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The Department served HL&P with its only set of interrogatories on November 22, 1978. HL&P's responses were contained in Houston Lighting & Power Company's Objections and Answers to the Department of Justice's First Set of Written Interrogatories and Requests for Production of Documents (" Answers"), filed on January 11, 1979. On March 12, 1979, the Board ordered HL&P to provide more complete answers to the Department's interrogatories. HL&P filed supplemental answers on April 27, 1979.

The instructions in the Department's interrogatories required that HL&P supplement its initial answers should it obtain further pertinent information or documents between the time its answers were filed and its documents produced and the time of the evidentiary hearing. Because of the ongoing nature of HL&P's business and the upcoming conclu-sion of discoveryin these proceedings, it seems likely that HL&P would now have further information which would be responsive to the Department's interrogatories. Since HL&P has not supplemented its answers since April 27, 1979, the time has come for HL&P to do so.

Granting this motion would not impose any new obligations on HL&P. The directive issued by this Board at the March 20, 1979 prehearing conference (Tr. 105) and the instructions in the Department's interrogatories require HL&P to supplement its answers as it learns of additional and responsive matters.

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• The Department seeks only to compel HL&P to fulfill its current obligations. Accoro3ngly, the Department respectfully requests that the Board compel HL&P to furnish supplemental responses to the following numbered discovery requests included in the First Set of Interrogatories and Requests for Production of Documents from Department of Justice to Houston Lighting & Power Company and Texas Utilities Companies, dated November 22, 1979: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25. In addition, the Department furtner requests

• that the Board compel HL&P to furnisn supplemental responses to l numbered requests 14 and 24 as amended in the Motion of the Department of Justice to Compel HL&P to Provide Fuller Responses to the Department's First Set of Interrogatories and Requests for Production of Documents, dated February 6, 1979 and the Board's l

Order Regarding Department's Motion to Compel Fuller Responses by HL&P to First Set of Interrogatories, dated March 12, 1978.

Finally, the Department further requests that the Board direct HL&P to provide its responses no later than March 6, 1980.

Respectfully submitted,

• jf Susan B. Cfphert

/Im brud.

Nancy L44ue F '

Attorneys '

Department of Justice Antitrust Division Energy Section (Phone No: (202) 724-6667)

Washington, D.C.

February 28, 1980

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

HOUSTON LIGHTING AND POWE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498A CO., et al. (Sou th Texas ) 50-499A Project, Units 1 and 2) )

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TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanene Peak ) 50-446A Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE

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I hereby certify that service of the foregoing MOTION  !

OF DEPARTMENT OF JUSTICE TO COMPEL HOUSTON LIGHTING & POWER i COMPANY TO SUPPLEMENT ITS RESPONSE TO THE DEPARTMENT'S FIRdT SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS has been made on the following parties listed hereto this 28th day of February 19 80, by depositing copies thereof in the United States mail, first class, postage prepaid.

Marshall E. Miller, Esquire Chairman Alan S. Rosenthal, Esquire Chairman Atomic Safety & Licensing Board Panel Michael C. Farrar, Esquire l U.S. Nuclear Regulatory Thomas S. Moore, Esquire l Commission Atomic Safety and Licensing Appeal Board Panel Washington, D. C. 20555 U.S. Nuclear Regulatory Michael L. Glaser, Esquire Commission Washington, D. C. 20555 1150 17th Street, N.W.

Washington, D. C. 20036 Jerome E. Sharfman, Esquire Sheldon J. wolfe, Esquire

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U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Board Washington, D. C.

Panel 20555 U.S. Nuclear Regulatory Chase R. Stephens, Secretary Commission Docketing and Service Branch Washington, D. C. 20555 l U.S. Nuclear Regulatory Samuel J. Chilk, Secretary Commission  ;

Washington, D. C. 20555 Office of the Secretary of the l Commission i U.S. Nuclear Regulatory Jerome Saltzman Commission Chief, Antitrust and washington, D. C. 20555 Indemnity Group U.S. Nuclear Regulatory  !

Commission  !

Washington, D. C. 20555

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Mr. William C. Price Roy P. Lessy, Esquire Central Power & Light Co. Michael Blume, Esquire P. O. Box 2121 U.S. Nuclear Regulatory Corpus Christi, Texas 78403 Commission Washington, D. C. 20555 G. K. Spruce, General Manager City Public Service Board Jerry L. Harris, Esquire P.O. Box 1771 City Attorney, San Antonio, Texas 78203 Richard C. Balough, Esquire Assistant City Attorney Perry G. Brittain City of Austin President P.O. Box 1088 Texas Utilities Generating Austin, Texas 78767 Company 2001 Bryan Tower Robert C. McDiarmid, Esquire Dallas, Texas 75201 Robert A. Jablon, Esquire Spiegel and McDiarmid R.L. hancock, Director 2600 Virginia Avenue, N.n.

City of Austin Electric Washington, D. C. 20036 Utility Department P. O. Box 1088 Dan H. Davidson Austin, Texas 78767 City Manager City of Austin G. W. Oprea, Jr. P. O. Box 1088 Executive Vice President Austin, Texas 78767 Houston Lighting & Power Company Don R. Butler, Esquire P. O. Box 1700 1225 Southwest Tower Houston, Texas 77001 '

Austin, Texas 78701 Jon C. Wood, Esquire Joseph Irion Worsham, Esquire W. Roger Wilson, Esquire Merlyn D. Sampels, Esquire Matthews, Nowlin, Macfarlane Spencer C. Relyea, Esquire

& Barrett Worsham, Forsythe & Sampels 1500 Alamo National Building 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201 David M. Stahl, Esquire Joseph Knotts, Esquire Isham, Lincoln & Beale Nicholas S. Reynolds, Esquire Suite 701 Debevoise & Liberman 1050 17th Street, N.W. 1200 17th Street, N.W.

Washington, D. C. 20036 Washington, D. C. 20036 Michael I. Miller, Esquire Douglas F. John, Esquire James A. Carney, Esquire Akin, Gump, Hauer & Feld Sarah N. Welling, Esquire 1333 New Hampsnire Avenue, N.W.

Isham, Lincoln & Beale Suite 400

4200 One First National Plaza Washington, D. C. 20036 Chicago, Illinois 60603

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Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J.A. Bou knigh t, Esquire 5th Floor, Texas State Bank William J. Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 1025 Connecticut Avenue, N.h.

Washington, D. C. 20036 Jay M. Galt, Esquire Looney, Nichols, Johnson E. w. Barnett, Esquire

& Hayes Charles G. Thrash, Jr., Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F. Weiss, Jr., Esquire Baker & Botts Knoland J. Plucknett 3000 One Shell Plaza Executive Director Houston, Texas 77002 Committee on Power for the Southwest, Inc. Kevin B. Pratt, Esquire 5541 East Skelly Drive Assistant Attorney General Tulsa, Oklahoma 74135 P.O. Box 12548 Capital Station John W. Davidson, Esquire Austin, Texas 78711 Sawtelle, Goode, Davidson

& Tioilo Frederick H. Ritts, Esquire 1100 San Antonio Savings Law Of fices of Northcutt Ely Building Watergate 600 Building San Antonio, Texas 78205 Washington, D.C. 20037 W. S. Robson Donald M. Clements, Esq.

General Manager Gulf States Utilities Company South Texas Electric P.O. Box 2951 Cooperative, Inc. Beaumont, Texas 777G4 Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co.

P. O. Box 841 Robert M. Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave., N.W. W. N. Woolsey, Esquire Washington, D.C. 20006 Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Baker & Botts 1701 Pennsylvania Avenue, N.W.

Washington, D. C. 20006 f/' Susan B. CypKert, Attorney Energy Section Antitrust Division Department of Justice l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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HOUSTON LIGHTING AND POWER COMPANY, ) Docket Nos. 50-498A et al. (South Texas Project, ) 50-499A Units 1 and 2) )

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TEXAS UTILITIES uNERATING COMPANY, ) Docket Nos. 50-445A et al. (Comanche Peak Steam ) 50-446A Electric Station, Units 1 and 2 )

ORDER REGARDING RESPONSES TO THE DEPARTMENT OF JUSTICE'S MOTION TO COMPEL SUPPLEMENTAL RESPONSES On February 28, 1980, the Department of Justice (" Department")

filed its Motion to Compel Houston Lighting and Power Company

("HL&P") to Supplement its Response to the Department's First Set of Interrogatories and Requests for Production of Documents.

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Copies of that Motion were hand-delivered to HL&P on that date.

The Board finds that the Department has noted good cause for HL&P to supplement its responses to the Department's interroga-tories. Therefore, pursuant to 10 CFR S2.70 (e) (3) , the Board orders that HL&P do so no later than March 6, 1980.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND ]

LICENSING BOARD Dated at Bethesda, Maryland this day of February 1980.