ML19308B279
| ML19308B279 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, McGuire  |
| Issue date: | 04/19/1973 |
| From: | Jeffrey Mitchell SOUTH CAROLINA ELECTRIC & GAS CO. |
| To: | Bennett W, Farmakides J, Tubridy J Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912180983 | |
| Download: ML19308B279 (4) | |
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-6 April 19, 1973 wasusworow. o c. =oooo erro r-AM aos cas.3,sa s
Walter U.
K. Bennett, Esq.
John B.
Farmakides, Esq.
P. O. Box 185 Atomic Safety & Licensing Board Pinchurst, North Carolina 20374 U'.
S. Atomic Energy Commission Washington, D.C.
20545 Joseph F. Tubridy, Esq.
4100 Cathedral Avenue, NW s
Washington, D.C.
20016 Matter of Duke Power Ccmpany (Oconec Und' 2& 3; McGuire Units 1 & 2)
Docket Mos. 5 -269, 50-270A, 50-287A, 50-369A, 50-370A Gentlemen:
On November 27, 1972, South Carolina Electric & Gas Company ("SCE&G") was served with a subpcena duces tecum issued by the Atomic Safety and Licensing Board in the captlened pro-ceeding at the request of the United States Department of Justice.
Through filings made on December 12, 1972 and April 13, 1973, SCE&G sought to have the subpoena modificd or quashed on the grounds that it was unreasonable and burdensome.
As evidenced by the attached letter, on April 16, 1973, the Departmann of Ju.:tice oJf erca :o mocity :na accp2 of the rc-Vicu which would be required of SC &G in order to provido ccmpliance with the subpcena.
As modified, SCE&G would be required only to conduct a reasonable inquiry on these officers or employces of-SCESG in charge of the matters under inquiry and a coarch cnly of the files they believo would prcbably contain the dccuments requested.
SCE&G is currently considering acceptance of'the Justico Department proposal and withdraual of its previously filed objections to the subpoena to the extent that they may refer to inquiry of this limited nature.
It is expected that a decision on whether or not to accept the Justice Department propcsal will be made by SC &G by "onday, April 23, 1973.
Accordingly, SCC &G and the Justico Department have agreed that SCESG chall have until Monday, April 23, in which to advise Justico of its decision.
The Justice Department reserves the right to file a response with the Board to the " Response of South Carolin.1 Electric & Gas Conpany to Application for Issuance of Sub.ocna i
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Duces Tecum and Affidavit in Support Thereof by Justice Departnent" dated April 13, 1973 within five working days of any decision by SCE&G rejecting its proposal.
Respectfully submitted X:2?h4 5
r6 James K.
Mitchell Counsel for South Carolina Electric
& Gas Company Enclosure JKM:pb cc: w/ enc 1: Wallace E.
Brand, Esq.
William T. Calbault, Esq.
David A. Leckie, Esq.
Joseph Saunders, Esq.
William H. Grigg, Esq.
William L. Porter, Esq.
William Warfield Ross, Esq.
George A. Aver'f, Esq.
Keith Watson, Esq.
J. O. Tally, Jr., Esq.
J. A. Bouknight, Esq.
David F.
3;; var, Z3q.
. Joseph Rutherg, Esq.
Benjamin H. Vogler, Esq.
2 Abraham Eraitman, Esq.
Nathaniel H. G0cdrich, Esq.
Mr. Frank W. Karas e
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UNITED STATES UEFAR'DICNT OF JUSTICE c
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WA:!nCIGTON. D.C.
0030.0 e
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April 16, 1973 m, n,i, - a.
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TEK:JJS:UEB 60-415-27 60-415-33 Richard M. Merriman, Esquire
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Ried & Priest 1701 K Stract, N.W.
Washington, D. C.
20006 Re:
DUKE POWER COMPANY Oconce !!ucicar Station Units 1, 2 and 3 McGuire Huclear Station Units 1 and 2 AEC Dcchot Ucs. 50-269A, 50-270A, 50-287A, 50-369A and 50-370A
Dear Mr. Merriman:
This is to confira my call to you on Monday morning, April 16, 1973, in connection with your Response to our Appli-cation for Subpoena Duces Tecum.
I advised you that the Department would be satis fled Qith a reasonable inquiry cf these officers or employces of SOEEG in charge of the matters under inquiry and a search only of the files they believe would probetly centain the documents reque.etad.
An affidavit to that e f fec t, accompanied by any d cu.:.m:n... :n lace.'., ::c u.:, ' c c :. _.... ;o =. La a reascnable and practical compliance,1 hich is all that uns intended.
I hope uc can settle sthis bott:cen oursels/cs so that na can avoid burdenin<; t'ac Atc::.ic Safny and Li.:ensin3 Era rd with those discovery matt:ra.
You adiised that ycu vould respond to my proposal on or before Thursday, April 19, 1973.
Sincerely yours, THOMAS E. KAUPER Assistant Attorney General Antitrust Division e
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11 Attorney Department of Justico 4
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RESOLUTICH OF THE T0t'N BOARD OF ALDERMEI i
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OF THE TOWN OF DREGL NORTH CAROLDIA i
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1 WHEREAS the Town of Drexel is an intervenor in Atomic Energy Commission Docket Nos. 50-269A, 50-270A, '50-287A, 50-369A and 50-370A, a proceeding in which the licensing to Duke Power Company of the Oconee and McGuire nuclear stations is in issue; and WHEREAS Drexel, recognising that withdrawal fron this case will result in forfeiture of all its rights in that proceeding, desires to withdraw from participation in the above =entioned A omic EnerEy Commission proceeding.
NOW THEREFORE 3E IT RESOLVED, that the Town of Drexel withdaaws from the above centioned Atomic Energy Cet=ission proceeding and directs its counsel, Tally, Tally & 3duknight, to take such action as is necessary to withdraw Drexel from participation as a party in such proceeding.
Daly adopted at a special =eeting, this lith day of April, 1973.
D -u' Y
/4 e in 's Payor ATTEST:
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