ML19322E730

Motion to Compel Tx Utils Cos to Supplement Apr & Jul 1979 Responses to First Set of Interrogatories & Requests for Production of Documents.Urges Performance of Current New Obligations by 800306.W/Certificate of Svc & Proposed Order

ML19322E730
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 8004020181
Download: ML19322E730 (7)

Text

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6.

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

HOUSTON LIGHTING & POWER )

COMPANY, et al. (South )

Texas Project, Units 1 )

Docket Nos. 50-498A and 2) )

50-499A I

)

TEXAS UTILITIES GENERATING )

COMPANY, et al. (Comanche )

Peak Steam Electric Docket Nos. 50-445A

)

Station, Units 1 and 2) )

50-446A MOTION OF THE DEPARTMENT OF JUSTICE TO COMPEL TEXA UTILITIES COMPANIES TO SUPPLEMENT ITS RESPONSE TO THE DEPARTMENT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS The Department of Justice

(" Department") respectfully requests that the Board compel Texas Utilities Company anc its subsidiaries ("TU") to supplement its responses to the First Set of Interrogatories and Requests for the Production of Documents from the Department of Justice to Texas Utilities Companies.

The Department further requests that the Board direct TU to furnish such responses no later than March 6, l 1980.

The Department served TU with its initial set of interrogatories on November 22, 1978.

On January 12, 1979, the Deprtment was served with the Answer of the Texas Utilities Company and its Subsidiaries to the First Set of Interrogatories and Requests for Production of Documents from the Department of Justice (" Answers").

On April 11, 1979, TU served its First i

800402018I u

Supplemental Answer; on April 27, 1979, TU served its Second Supplemental Answer; and on July 6, 1979, TU filed its Thi rd Supplemental Answer on the Department.

Tne instructions in the Department's interrogatories required that TU supplement further pertinent its initial answers should it ootain information or documents between the time its answers were filed and its documents produced ande th time of the evidenciary hearing.

The Department asserts that its discovery request was and is of a continuing nature , 1/ and, as TU has not supplemented its answers since July 6 1979, the time has come for TU to do so.

Because of the ongoing nature of TU's business, and because several months have elapsed sin ce TU served its Third Supplemental Response on the Department ,

it is possible that TU would have further information which would b e responsive to the Department's interrogatories.

Granting this motion would impose no new obligations on TU.

The dir ective issued by this Board at the March 20, 1979, prehearing conference (Tr 105) and the instructions in the Department's interrogatories require TU to supplement responsive matters. its Answers as it learns of additional and The Department seeks only to compel TU to perform its current obligations.

Accordingly, the Department 1/ TU has acknowledged its duty to supplement filing supplemental responses on its own raotionits answers by respectfully requests that the Board compel TU to furnish supplemental responses to the Department's interrogatories.

The Department further requests that the Board direct TU to provide its response no later than March 6, 1980.

Respectfully suomitted, Susan B. CypEert Nancy Luque Attorneys, Energy Sect 3on Antitrust Division U.S. Department of Justice (202) 724-6667 Washington, D.C.

February 28, 1980 i

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.(South Texas ) 50-499A Project, Units 1 and 2) )

)

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

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that service of the foregoing MOTION OF THE DEPARTMENT OF JUSTICE TO COMPEL TEXAS UTILITIES COM-PANIES TO SUPPLEMENT ITS RESPONSE TO THE DEPARTMENT'S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS has been made on the following parties listed hereto this 28 th day of February 1980, by depositing copies thereof in the United States mail, first class, postage prepaid.

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

Washington, D. C. 20036 Jerome E. Sharfman, Esquire U.S. Nuclear Regulatory Sheldon J. Wolfe, Esquire Commission Atomic Safety & Licensing Board Washington, D. C. 20555 Panel U.S. Nuclear Regulatory Chase R. Stephens, Secretary Commission Docketing and Service Branch Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D. C. 20555 Office of the Secretary of the Commission Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555

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 1:01 Bryan Tower Robert C. McDiarmid, Esquire Dallas, Texas 75201 Robert A. Jablon, Esquire Spiegel and McDiarmid R.L. Har. cock, Director 2600 Virginia Avenue, N.W.

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 Hampshire Avenue, N.W.

Isham, Lincoln & Beale Suite 400 4200 One First National Plaza Washington, D. C. 20036 Chicago, Illinois 60603

+.

Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J.A. Bouknight, 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.W.

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 Ncrthcu tt 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 77704 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 i Washington, D.C. 20006 Kleberg, Dyer, Redford & weil I 1030 Petroleum Tower l R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Baker & Botts 1701 Pennsylvania Avenue, N.W. l Washington, D. C. 20006 Susan B. Cyphert, Attorney Energy Section Antitrust Division Department of Justice

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

)

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

)

TEXAS UTILITIES 'ENERATING G 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 on the Texas Utilities Company ("TU")

to Supplement its Response to the Department's First Set of Inter-rogatories and Requests for Production of Documents. Copies of that Motion were hand-delivered to TU on that date.

The Board finds that the Department has noted good cause for TU to supplement its responses to the Department's interrogatories.

Therefore, pursuant to 10 CFR S2.70 (e) (3) , the Board orders that TU 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.