ML20128H107

Forwards Memorandum Re Permissibility of & Need for Calling Certain Attys as Witnesses & Documents,Including Drafts, Generated Between 810401 & 0924 Re Decision to Seek Replacement of B&R,Per ASLB 850618 Memorandum & Order

ML20128H107
Person / Time
Site:	South Texas
Issue date:	07/02/1985
From:	Newman J HOUSTON LIGHTING & POWER CO., NEWMAN & HOLTZINGER
To:	Bechhoefer C, John Lamb, Shon F Atomic Safety and Licensing Board Panel
Shared Package
ML20128H111	List: ML20128H107 ML20128H115
References
CON-#385-689 OL, NUDOCS 8507090411
Download: ML20128H107 (8)

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July 2, 1985 USNRC U.'A**=.* "J."u^""

RATMLEEN M. SMEA D O. powELL IL EG ANT DOUGLAS G.G AsEN Sc0TT A.MAmuAN ELROL LYN NEWMAN m

• DESORAM L.NAwnlNS J2MN T. STOWow, J A.

. AUSON LEMASTER*

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Charles Bechhoefer, Esq. aceraT LowcNstriN Chairman, Administrative Judge " ".'" c';i'."," '""

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. James C. Lamb, III Administrative Judge 313 Woodhaven Road Chapel Hill, NC 27514 Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Houston Lighting & Power Co., et al.

South Texas Project, Units 1 & 2 Docket Nos. 50-498 OL, 50-400 OL

Dear Members of the Board:

W Pursuant to the Board's June 18, 1985 Memorandum and Order -

(Memorandum and Order), enclosed are documents, including drafts, generated between April 1, 1981 and September 24, 1981 concerning

"(1) the decisions to seek replacement of and, thereafter, to replace B&R including the dates when those decisons were made;

[and] (2) the reportability of either of those decisions to NRC (including this Board)" and (3) documents generated between April 1, 1981 and June 29, 1981 concerning " discussion (if any) of the discharge or potential discharge of B&R between Mr. George Oprea and other corporate officers or officials."

Memorandum and Order at 34.

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'NEWMAN & IIOI.TZINGEH, P. C.

Charles Bechhoefer, Esq.

Dr. James C. Lamb, III Frederick J. Shon July 2, 1985 Page Two Except as described below, all documents which have been -

identified as within the scope of the Board's Memorandum and Order have been produced. A brief description of each document being produced, including its author, recipient, date and general subject matter has been provided as Attachment A.

Documents previously served on the Board and the parties have, of course, been omitted. We have not construed the Board's order to include the requests for proposals or related corre-spondence from July-September, 1981, which related solely to the selection among the various companies considered as possible replacements for Brown & Root as architect / engineer and con-struction manager.

In accordance with the Board's instructions (Memorandum and Order at 34), Attachment B lists the sender, recipient, date and general subject matter of documents which are within the scope of the Board's Memorandum and Order, but which are being withheld from production on the basis of attorney-client privilege and/or work product protection.

Finally, Applicants have been unable to ascertain the precise nature and origin of every document identified. Where Applicants are uncertain regarding the author, recipient, date or general nature of a document, we have so indicated.

Respectfully submitted,

$d ht?fM (ck R. Newdan aurice Axelrad Alvin H. Gutterman Steven P. Frantz Donald J. Silverman 1615 L Street, N.W.

Washington, D.C. 20036 Finis E. Cowan 3000 One Shell Plaza Houston, Texas 77002 Dated: July 2, 1985

'N=WMAN & Horntx rn, P. C.

Charles Bechhoefer, Esq.

Dr. James C. Lamb, III Frederick J. Shon July 2, 1985 Page Threc ATTORNEYS FOR HOUSTON LIGHTING NEWMAN & HOLTZINGER, P.C. & POWER COMPANY, Project Manager 1615 L Street, N.W.. of the South Texas Project acting Washington, D.C. 20036 herein on behalf of itself and the other Applicants, THE CITY BAKER & BOTTS OF SAN ANTONIO, TEXAS, acting by 3000 One Shell Plaza and through the City Public Houston, Texas 77002 Service Board of the City of San Antonio, CENTRAL POWER AND LIGHT COMPANY, and CITY OF AUSTIN, TEXAS CC: Service List

ATTACHMENT A DOCUMENTS PRODUCED IN RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARD'S JUNE 18, 1985 MEMORANDUM AND ORDER DOCUMENT DATE *

1. Notes of 4/27 / d1 STP Management Committee meeting by C.G. Thrash; excerpts possibly responsive to the Board's request. 4/27/81

2. Memorandum from D.D. Jordan to South Texas Project Nuclear File re meeting of 6/3/81 with Tom Feehan. 6/3/81

3. Notes of 7/23/81 STP Management Committee meeting by C.G. Thrash; excerpts possibly responsive to the Board's request. 7/23/81

4. Letter from J.R. Newman to G.W. Oprea enclos-ing 9/8/81 draft of " South Texas Project Report on Contractor Replacement"; enclosure previously provided to the Board as an attachment to Applicants' Response to CCANP Motion to Reopen Phase I Record, filed 4/25/81. 9/8/81

5. Handwritten note from G.W. Oprea, Jr. to D.D. Jordan transmitting draft of " South Texas Project Report on Contractor Replace-ment." 9/11/81

6. Handwritten notes (author unknown) of 9/12/81 9/12/81 and 9/15/81 Houston meetings re STP. 9/15/81

7. Handwritten notes of G.W. Oprea re replace- 9/12/81 ment of B&R as A/E for STP. 9/15/81

8. Handwritten notes by G.C. Pokorny (City 9/12/81 of Austin) of 9/12/81 and 9/15/81 Houston 9/15/81 meetings re STP.

9. Meeting Minutes of Special Meeting of HL&P Board of Directors (excerpts related to STP). 9/14/81

10. Handwritten notes, probably by G.W. Oprea, re 9/15/81 meeting of STP CEOs. 9/15/81

11. Handwritten notes by D.D. Jordan re meeting with T.J. Feehan. 9/15/81

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12. Memorandum from D.D. Jordan to South Texas Project File re meeting between project partners and with T.J. Feehan. 9/15/81

13. Letter from T.J. Feehan to D.D. Jordan .

re meeting of 9/15/81 9/16/81

14. Handwritten notes by D.D. Jordan, re " Jack Harbin"; probably prepared for meeting between Jordan and Harbin on 9/18/81. 9/18/81

15. Handwrittren notes of D.G. Barker between 9/8/81 re, inter alia, termination of B&R. and 9/21/81

16. Final and Draft Minutes of 9/12/81 (morning)

HL&P meeting conducted by D.D. Jordan re replacement of A/E and Construction Manager.

(privileged portions deleted). 9/22/81

17. Final and Draft Minutes of 9/12/81 (after-noon) meeting of STP participants re replace-ment of A/E and Construction Manager. 9/22/81

18. Final and Draft Minutes of 9/15/81 meeting of CEOs and Management Committee principals re replacement of B&R. 9/22/81

19. Memorandum from K.M. Broom to W.M. Rice re telephone call to G.W. Oprea on 9/22/81 re alternatives to termination of B&R as A/E and Construction Manager. 9/22/81

20. Draft HL&P policy statement re Bechtel takeover of STP Engineering. 9/23/81

21. Letter from T.J. Feehan to D.D. Jordan re comments on proposed press release concern-ing reallocation of responsibilities at STP. 9/24/81

22. Western Union Telex /TWC copy of statement by D. Jordan re allocation of responsibili-ties at STP. 9/24/81

23. HL&P Management Bulletin re Jordan statement issued 9/24/81 concerning reallocation of responsibilities to Bechtel. 9/24/81

24. Proposed press release from B&R re change in B&R's role at STP, with marginal note indicating receipt of proposed release by D.D. Jordan on 9/24/81. Undated

25. Press Release (possibly a draft) re HL&P announcement concerning change in responsi-bility on STP. Undated

26. Draft HL&P statement re announcement of .

decision to reallocate A/E and Construction Manager responsibilities at STP. Undated

27. Handwritten notes, probably by G.W. Oprea, re change of A/E and construction manager at STP. Undated

28. Handwritten notes concerning STP by D.D.

Jordan, re cost and schedule, attitude of Austin, looking at options, and questions concerning engineering. Undated

29. Handwritten notes by D.D. Jordan re, inter alia, possible removal of B&R. Undated

30. Handwritten notes by G.W. Oprea, possibly concerning possible schedule for meetings related to B&R. Undated

31. Handwritten notes by G.W. Oprea, possibly concerning possible schedule for meetings related to removal of B&R. Undated

32. Calendar entitled " implementing actions,"

marginal note probably by D.D. Jordan. Undated

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e ATTACHMENT B DOCUMENTS WITHHELD FROM PRODUCTION ON THE BASIS OF ATTORNEY-CLIENT PRIVILEGE AND/OR WORK PRODUCT PROTECTION DOCUMENT DATE

1. Handwritten note from J.R. Newman to G.W.

Oprea re regulatory aspects of possible change of B&R responsibilities, with marginal note by F.E. Cowan. 6/24/81

2. Letter from F.E. Cowan to G.W. Oprea and J.H. Goldberg re B&R contract provisions related to reorganization of STP work. 7/8/81

3. Document entitled " Brown & Root Settlement,"

apparently prepared by legal counsel, re legal considerations related to possible termination of B&R. 7/17/81

4. Handwritten memorandum from J.R. Newman to file re HL&P consideration of partial B&R replacement. 7/22/81

5. Telecopy from J.R. Newman to G.W. Oprea re suggested telephone notice to Messrs.

Stello and Denton concerning initiation of activities to ascertain feasibility of replacing B&R. 7/29/81

6. Memo from M.A. Axelrad to J.R. Newman attach-ing draft of statement by counsel and associa-ted questions re regulatory aspects of possible transfer of B&R responsibilities. 8/18/81

7. Draft " South Texas Project Report on Contrac-tor Replacement" by J.R. Newman. 9/6/81

8. Draft " Questions Associated with Replacement of Contractor" by J.R. Newman. 9/9/81

9. Unredacted Final and Draft Minutes of 9/12/81 (morning) HL&P meeting conducted by D.D.

Jordan re possible replacement of A/E and Construction Manager. Redacted version produced as Doc. in Attachment A, supra. 9/22/81

10. Memorandum from F.E. Cowan to G.W. Oprea re draft replies to letters from W. Rice and T.J. Feehan. ,

9/22/81 i

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11. Memorandum from J.R. Newman to HLP-South Texas Project File re conversation with D.D. Jordan, G.W. Oprea, J.H. Goldberg, and H. Dean on 9/23/81 concerning, inter alia, press releases on change of responsi-

• bilities at STP. 9/23/81

12. Final version of " Questions Associated with Replacement of Contractor" by J.R.

Newman. Draft version prepared 9/9/81.

See No. 7, supra. Undated

13. Handwritten notes by J.R. Newman re potential meeting with NRC officials on replacement of B&R as A/E and Construction Manager. Undated

14. Handwritten notes by J.R. Newman re points for discussion with D.D. Jordan concerning regulatory aspects of replacement of B&R. Undated

15. Handwritten outline of " Report on Contractor Replacement" by J.R. Newman. Undated f

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