ML20236H375

NRC Staff Consent to Motion to Quash Subpoena Filed by E Stites.* Staff Concedes Possibility of Deficiencies in Svc of Subpoena to Stites & Therefore Does Not Oppose Motion to Quash.Certificate of Svc Encl

ML20236H375
Person / Time
Site:	South Texas
Issue date:	10/29/1987
From:	Paton W NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC COMMISSION (OCM)
References
CON-#487-4716 OL, NUDOCS 8711040092
Download: ML20236H375 (5)

Text

h ?lb UNITED STATES OF AMERICA DOCMETED NUCLEAR REGULATORY COMMISSION usNec BEFORE THE COMMISSION W DCT 30 Pi:28 In the Matter of ) . ..

) Docket Nos. 50-4h[chdgjE,h5.if;['

HOUSTON LIGHTING AND POWER ) 50-499 OLBR ANui COMPANY )

)

(South Texas Nuclear Power Plant) )

)

NRC STAFF CONSENT TO MOTION TO QUASH SUBPOENA FILED BY ED STITES William D. Paton Counsel for NRC Staff William L. Brown Regional Counsel Region IV Lawrence J. Chandler Assistant General Counsel for Enforcement Office of the General Counsel 1

October 29, 1987 pu 288! Bu86 p a 0

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i. g UNITED STATES OF MERICA DOCKE TEti '-4 s

NUCLEAR RECULATORY COMMISSION (JSNRC ,

t BEFORE THE C'OAIMISSION 3.. ..

,  ; , '57 OCT 30 P129 i .. . _

ln the Matter of ) .

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) Docket Nos. 50-498 CL . f00HfiNGN.)[i])jk HOUSTON LIGHTING AND POWER ) '

50-499 OL BR Ai(C^{

COMPANY ) ,

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(South Texas Nuclear Power Plant) )

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NRC STAFF CONSENT TO MOTIONt TO QUASH S_UBPOENA FILED BY ED ST1TES 5 I

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l Wdilam D. Paton '

Cr,unsel for NRC Staff

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William L. Brown Regional Counsel Region IV 4

, Lawrence J. Chandler  ;

Assistant General Counsel for Enforcement s Office of the General Counsci-D I s

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October 29, 1987

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UNITED STATES OF AMERICA d

NUCLEAR REGULATORY COMMISSION s-BEFORE THE COMMISSION In the Matter of )

) Docket Nos. 50-498 OL HOUSTON LIGHTING AND POWER ) 50-499 OL COMPANY )

)

(South Texas Nuclear Power Plant) )

)

l NRC STAFF CONSENT TO MOTION TO QUASH SUBPOENA FILED BY ED STlTES On October 8,1987, Ed Stites moved to quash a subpoena issued on September 22, 1987 by Robert Martin , NRC Regional Administrator, Region IV. In the alternative, Mr. Stltes moved for a protective order. On October 8,1987, the Commission ordered the NRC staff to file- a response to Mr. Stites' motion by October 23, 1987. At the staff's request, the date for filing the staff's response was extended, by Order dated October 23, 1987, to October 29, 1987.

Upon review of the circumstances surrounding the subject subpoena, the staff concedes that there may have been deficiencies in the service of the subpoena issued to Mr. Stites. Therefore, the NRC staff does not oppose Mr. Stites' motion to quash. As a result, Mr. Stltes' motion for a protective order is moot.

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Notwithstanding the staff's position regarding the subject motion, the

. staff Intends to pursue _ all appropriate means to obtain the safety-related .

Information allegedly possessed by Mr. Stites.

Respectfully submitted,

(/. & Q i

- William D. Paton )

Counsel for-NRC Staff '

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Dated at Bethesda, Maryland this 29th day of October,1987 ) l 1

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DOCKETED USNRC- l l

'87 E',T 30 P1 :29 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION . .

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{FF'IClfQtQ;/q^[,f l BEFORE THE COMMISSION OCK BRANCH ,

l in the Matter of )

) Docket Nos. 50-498 OL 4 HOUSTON LIGHTING AND POWER ) 50-499 OL COMPANY ) 1

) j (South Texas Nuclear Power Plant)

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF CONSENT TO MOTION TO QUASH SUBPOENA FILED BY ED STITES" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or as Indicated by an asterisk through deposit in the Nuclear -

Regulatory Commission's internal mail system, this 29th day of October 1987:  !

l Samuel J. Chilk* Billie P. Garde, Esq. '

Office of the Secretary Richard E. Condit, Esq. 1 U.S. Nuclear Regulatory Commission Government' Accountability Washington, DC 20555 Project )'

25 E Street N.W. 7th Floor Washington, DC 20001 Docketing and Service Section*

Office of the Secretary U.S. Nuclear Regu'latory Commission Washington, DC 20555 William D. Paton Counsel for NRC Stz.ff

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