ML19296D135

Discovery Rept for Jan 1980.Deposed TR Locke,O Castillon,R Corder & R Farrington.Participated in J Milford,S Phelps,P Hayers & H Marsh Depositions.Responded to Houston Lighting & Power 800103 Request for Conference Call

ML19296D135
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	02/08/1980
From:	Cyphert S JUSTICE, DEPT. OF
To:
References
NUDOCS 8002290390
Download: ML19296D135 (4)

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~t i UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION < jdWp,/

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/ 1 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f[ gSJ (.

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In the Matter of )

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HOUSTON LIGHTING AND POWER ) Docket Nos. 5 0- 4 9 8 A'-

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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REPORT OF THE DEPARTMENT OF JUSTICE - JANUARY, 1980 Pursuant to the Order dated June 21, 1978, issued by the Atomic Safety and Licensing Board (" Board"), the Department of Justice (" Department") hereby submits this Report on the progress made in completing discovery during the month of January, 1980.

During tha month of January the Department was involved in an intense deposition schadule. The Department deposed:

Name Date Place T. R. Locke January 3, 1980 Wichita Falls, Texas Oscar Castillon January 9, 1980 Dallas, Texas Robert Corder January 10, 1980 Dallas, Texas Robert Farrington January 11, 1980 Dallas, Texas Robert J. Earhart January 15, 1980 Houston, Texas Jack Greenwade January 16, 1980 Houston, Texas

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Thomas Standish January 17, 1980 Houston, T0xas James E. Monahan January 18, 1980 Waco, Texas >

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Name Date Place ,

George W. Oprea, Jr. January 21, 1980 Houston, Texas ,

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Henry L. Manning January 24, 1980 Dallas, Texas Steve Beard January 25, 1980 DaIlas, Texas

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Donald Jordan January 28, 1980 - Houston, Texas Robert M. McCuistion January 29, 1980 fHouston, Texas ~~- ~ ' '

Edward Watson was scheduled to be Jeposed on January 10,

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1980. The Department agreed to postpone Watson due.to the . . . . - . . . . . - - . . . . -

representation by Texas Utilities Generating Company s ("TUGC. I 0")

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counsel that Watson was recuperating from a serious illness and

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would be made available at a later date if his healtn improved.

The Department also participated in depositions jointly

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noticed by Houston Lighting and Power Company ("HL&P") and

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TUGCO.

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Name Date Place John Milford January 7, 1980 Wich~ita Falls, Texas Samuel Phelps January 8, 1980 Wichita Falls, Texas Paul Hayers January 9, 1980 Whchita Falls, Texas

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Harold Marsh January 9, 1980 Wichita Fallas, Texas y _ -

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Eugene Harrison January 15, 1980 San Antonio, Texas

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3 Ross Segrest January 16, 1980 Waco, Texas

• Frank Meyer January 22, 1980 Tulsa, Oklahoma

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On January 4, 1980, tne Department filed " Department of f Justice's Response to Houston Lignting & Power Company's January 3, 1980 Request for Conference Call." On January 7, 1980, the

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Department filed " Memorandum of the Department of Justice in Opposition to TUGCO's Response to and Joiner in Houston Lighting

& power Company's Request for Directed Certification and Review of Rulings on Collateral Estoppel and Summary. Decision"_ with

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the Atomic Safety and Licensing Appeal Board. .On January.22,,, ,.,.

1980, the Department filed applications with the Board for . .

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Issuance of subpoenas. .

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On January 14-15, 1980, counsel for HLLP and the Department reviewed documents produced by the Department in connection .

with its Third Response of Department of Justice to HL&P's .

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Second Set of Interrogatories, dated November 27, 1979.

The Department reviewed the files of Oscar Castillon. .

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at the offices of Texas Electric Service Company ("TESCO") in Fort Worth, Texas, on January 8, and 22-25,1990. .

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Contrary to the allegations made in TUGCO's monthly report _

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for December 1979, the Department was unable to schedule a date .

for the deposition of Dale Scarth in December since,the dates . ..

proposed by TUGCO's counsel were in conflict with previously __

scheduled depositions, or the time proposed _made it physically . _

impossible for the Department for travel to Texas on such short ..

notice. Accordingly Mr. Scarth was rescheduled with the agreement _ .

of all parties on February 12-13, 1980, in Dallas.

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Finally, on January 25, 1980, the Department initiated a ,

conference call with the Board to resolve the issues of production of certain documents requested from HL&P 1/ and to compel the deposition of D. E. Simmons on January 30, 1980. 2/

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Respectfully submitted, .-

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. <- : 7 Susan Braden Cypk6rt Washington, D. C. Attorney, Energy Section- .

February 8, 1980 Antitrust Division U.S. Dept. of Justice (Telephone: (202) 724-6667)

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1/ The nature of these documents are referra~d to in the letters

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from the Department to counsel for HL&P dated January 25 and

• February 4, 1980.

2/ Mr. Simmons was deposed by the Department on February 7, 1980,

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pursuant to the Board's Order, however, HL&P counsel instructed Mr. Simmons not to answer any factual questions which went beyond the scope of the Department's Second Application for a subpoena -

for Simmons' deposition. '