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In re Energas Company

The fact that a discovery request is burdensome is not enough to justify protection; it is only undue burden that warrants nonproduction.

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ON PETITION FOR WRIT OF MANDAMUS

In this original proceeding, relator Energas Company, seeks a writ of mandamus requesting that we order the Honorable David L. Gleason, Judge of the 47th District Court of Potter County, to vacate his order requiring relator to produce documents covering its pipelines in the entire city of Amarillo for a 12-year period of time and documents relating to the decision to cathodically protect pipelines within Amarillo for the past 30 years. For the reasons set forth, we conditionally grant in part and deny in part the relief requested.

Relator, a public utility, is engaged in the business of supplying natural gas to business and residential customers in the city of Amarillo and elsewhere. Forest Harvey Miller, deceased, resided at an apartment located at 2713 West 9th Street in Amarillo. On September 13, 1999, he was severely injured by an explosion at his apartment and died sixteen days later as a result of burns received in the explosion. Contending that the explosion was caused by a leaking gas main pipeline located approximately 17 feet from the apartment, real party in interest, Mary Miller Speed, Dependent Administratrix of the Estate of Forest Harvey Miller, Deceased (hereafter real party), filed suit in the 47th District Court of Potter County styled Mary Miller Speed, Dependent Administratrix of the Estate of Forest Harvey Miller, Deceased versus Energas Company, bearing cause number 87-247-A, seeking to recover ordinary and exemplary damages. By her pleadings, real party alleged that the injuries to Mr. Miller resulting in his death were proximately caused by the negligence of relator as follows:

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