ML19312C651
| ML19312C651 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, McGuire  |
| Issue date: | 08/09/1973 |
| From: | Bennett W K Atomic Safety and Licensing Board Panel |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 7912190859 | |
| Download: ML19312C651 (12) | |
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.. e UITITED STATES OF AMERICA ATOMIC ENEFGY COMMICSIOIT In ti.e Matter of
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DfE FGTER COMPA!PI
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Docket To.
0-269A 270A, (Ocor.ce Iluelenr Station, Units
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- ]-36?/.,
1, 2 and 3
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370A
'.cCaire Iluclear Station, Units
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1 and 2)
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CERTIFICATE OF SERVICE I hereby certify t'r.at copies of PREHEARII G ORDER ?PMER SEVEI! dated Aurust 9, 197? in the captioned matter, '. ave been served per ti e attached service list by deposit in t!:e United States mail, first class or air mail, ti:is 9t day of August 1973 MD. k /r re-il
- Office of the Secretary ot4/e Commission ec:
P.r. Bennett t'r. Rutberg
?>.r. Ersitmar.
AGLIP A.3Ifi A. Files 3912190 7 M o
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,R UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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DtJKE POWER COMPANY
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Docket Nos. 50-269A 3
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50-270A (Oconee Nuclear Stations, Units )
50-287A t, 2, and 3)
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50-369A (McGuire Nuclear Station, Units )
50-370A 1 and 2)
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SERVICE LIST Walter W. K. Bennett, Esq., Chairman Carl Horn, Jr., Esq., Vice Atomic Safety and Licensing Board President and General Counsel P. 0. Box 185 Duke Power Company Pinehurst, North Carolina 28374 P. O. Box 2178 Charlotte, North Carolina 2_201
.lohn 11. Farmakides, Esq.
Atomic Safety and Licensing Board Roy B. Snapp, Esq.
U. S. Atomic Energy Commission Bechhoefer, Snapp & Tetppe Washington, D. C.
20545 Suite 512 1801 K Street, N.
W.
Mr. Joseph F. Tubridy Washington, D. C.
20000 4100 Cathedral Avenue, N. W.
Washington, D. C.
20016 Joseph Rutberg, Esq.
Regulatory Staff Counsel William W. Ross, Esq.
U. S. Atomic Energy Commiss ion Keith S. Watson, Esq.
Washington, D. C.
20545 Toni K. Golden Esq.
Wald, Harkrader, Nicholson Mr. Abraham Braitman, Chief and Ross Office of Antitrust and 1320 19th Street,N. W.
Indemnity Washington, D. C.
20036 Directorate of Licensing U. S. Atomic Energy Commission William II. Grigg, Esq., Vice Washington, D. C.
20545 President and General Counsel Duke Power Company Benjamin H.
Volger, Esq.
P. 0. Box 2178 Assistant Antitrust Cousnel 422 Scuth Church Street Regulatory Staf f Counsel Charlotte, North Carolina 28201 U. S. Atomic Energy Commission Washington,D. C.
20545 William L. Porter, Esq.
Duke Power Company Honorable Thomas E. Kauper P. O. Box 2178 Assistant Attorney General 422 South Church Street Antitrust Division Charlotte, North Carolina 28201 U. S. Department of Justice l
Washington, D. C.
20530 i
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paga 2 50-269A, 270A,
7A, 369A & 370A Joseph J. Saunders, 4q., Chief J. A. Bouknight, Jr., Esq.
.v3 slative Tally, Tally, & Bouknight 1
Public Counsel ani 429 N Street, N. W. #S-311 Section Washington, D. C.
20024 Antitrust Division U. S. Department of Justice Washington, 20530 Public Library of Charlotte and Mecklenburg County J. A. Bouknight, Jr., Esq.
310 North Tryon Street Charlotte, North Carolina 28202 J. O. Tally, Jr., Esq.
Tally, Tally & Bouknight ilome Federal atillding Miss Louise Marcum, Librarian P. O. Drawer 1660 Oconee County Library Fayetteville, North Carolina 28302 301 South Spring Street Walhalla, South Carolina 29691 Wallace E. Brand, Esq.
U. S. Department of Justice P. O. Box 7513 Washington, D. C.
20044 William T. Clabault, Esq.
David A. Leckie, Esq.
Antitrust Division P. 0. Box 7513 Wash ington, D. C.
20044 Mr.11. W. Oetinger 2420 Rosewell Avenue, Apartment 503 Charlotte, North Carolina 28209 Q'f _hk D
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.,v' UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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Docket 50-269A
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270A DUKE POWER COMPANY
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287A
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369A Oconee Units 1, 2 & 3 )
370A
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McGuire Units 1 and 2 )
PREHEARING ORDER NUMBER SEVEN A prehearing conference was held before this Board, pursuant to Notice, on August 2, 1973 at Washington, D.C.
Counsel for all parties were present and the follow-ing action was taken:
A.
Report on Consolidation with Catawba Proceeding Counsel report.ed that a meeting will be held August 3, 1973 regarding possible consolidation, and recommended that this Board proceed without regard to that possibility.
A report will be made promptly to the Board members concerning the result of the August 3, 1973 meeting.
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-2, B.
Intervenor's Withdrawal The Board announced that the filing of the papers indicating the desire of certain intervenors to withdraw would be regarded as constituting their withdrawal unless any party desired the filing of a separate order relating to any particular intervenor.
No request for separate order was made.
C.
Report on Discovery Counsel for Applicant stated that it had made avail-able some 96,187 pages of documents and had completed its return with the exception of those subject to motions to be argued later and a small number which had to be rephoto-stated.
Counsel reported the unexplainable loss of one file relating to purchase of an Air Force facility.
Counsel for Intervenors indicated it had made a substantially complete return.
Applicant's counsel indicated that it had some reservations concerning the adequacy and completeness of the return.
It was agreed
3-that a list of discrepancies would be made as to each Intervenor's return and then a meeting would be held among counsel in an effort to reach a practical solution, failing which, counsel for Applicant immediately would move to compel production of material not deemed adequately This procedure is to be completed covered by the return.
on or before September 17, 1973.
D.
Form of Testimony Af ter hearing argument from the parties the Board determined that written direct testimony would be submitted as contemplated by the Rules of the Commission, unless good cause was shown for adopting a different form Written direct in the case of any particular witness.
testimony prepared in a question and answer " deposition Witnesses will style" format is acceptable to the Board.
attend in person for cross examination and redirect.
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4-E.
Schedule Anreed Upon The parties indicated that the schedule set forth in Prehearing Order Number Six subsection G, dated March 22, 1973, could not be met and they proposed the following schedules to which they all agreed.
This is now with appropriate explanations adopted by the Board.
Date Action 9/17/73 Completion of discovery requests (including motions to compel discovery and notices to take depositions but not requests to admit facts).
11/14/73 Completion of service of requests for admissions.
12/14/73 Completion of all prehearing discovery.
1/14/74 Exchange and filing of prepared testimony.
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1/18/74 Exchange and filing of prehearing briefs.
2/11/74 Commencement of evidentiary hearings.
Rebuttal testimony will be exchanged and filed 30 days following the final day of the evidentiary hearings and a 1
hearing on rebuttal will be held 20 days following the filing of such testimony.
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Motion for Protective Order i
i Counsel for Applicant by written motion served July 19, 1973 moved for a protective order on five I
separate numbered categories of documents which had been segregated and were withheld from production by Applicant until determination of such motion.
i With respect to the category 4 documents involving Confidential Business strategy identified as pages numbered 95,302 through 95,306, the Applicant stated it would produce without restrictions a memorandum dated November 10,1970, page 95,306, outlining its strategy in regard to negotiation of future wholesale contracts.
Counsel for the other parties agrced to accept this action and a statement that the p' rice methodology with regard to reimbursement of Blue Ridge Electric Cooperative for flooding was no different from methodology used in other Cases.
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. Counsel also agreed that as to documents cantained in category 5 (pp 95,307 through 95,393 invov1ving parti-cular individuals, it would be satisfactory to all to have the documents produced and examined by counsel but not disclosed except upon application to and further order of this Board.
With regard to the first three categories of documents on pending negotiations (93,500 thru 94,690); on cost and price estimates (94,6 91 thru 95,301, 95,737, 95,738 ;
95,394 thru 95,523; 96,063 thru 96,102); on future plant sites (95,524 thru 95,639), counsel for Intervenors agreed that he would be satisfied to have all the documents examined by counsel for the AEC Staff and counsel for the Department of Justice, and that Intervenors would not obtain access without further order of this Board on Motion of the AEC Staff counsel or counsel for the i
I Department of Justice.
With regard to category 3 documents on future sites (pp 95,524-95,639) Applicant i
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..offered to exhibit such documents with appropriate dele-tions to the AEC Staff counsel and the Department of Justice counsel and such counsel agreed to that procedure provided that on proper showing to the Board they might obtain permission to see the documents without deletions and with proper safeguards, consult with named experts who agree to be bound by the same confidential relationship as are counsel.
It is accordingly so ordered.
With respect to the first two categories of documents (pp 93,500 thru 94,690; 94,691 thru 95,301, 95,737, 95,738; 95,394 thru 95,523, 96063 thru 96,102) such documents j
will be exhibited to counsel for AEC Staff and counsel for
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the Department of Justice who have appeared herein and such counsel agree that they will not disclose such docu-ments or the substance of the contents thereof to anyone without further order of this Board.
Should it become necessary to consult with anyone other than counsel, in
. making application to this Board therefor counsel,will submit an undertaking by such other person to be bound by the same restrictions as are counsel in relation to such documents.
G.
Motion to Amend Paranraoh B2(b) of Prehearing Order Number Two.
Applicant moved to amend Prehearing Order Number Two dated November 27, 1972, to include in the documents excluded from production:
communications to or about elected officials, councils, and boards in producing inquiries, invitations, negotiations, evaluations, and proposals for the acquisition of electric power facili-ties of municipalities, electric cooperations, or other electric utilities.
Af ter hearing extensiIve argument concerning the same, the Board rules that the production of such documents be made by the Applicant and further rules that they be held in confidence by counsel who have appeared herein and exhibited to no one without further order of this Board.
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Further Prehearing Conference A prehearing conference will be held on November 20, 1973 at a place and time to be later determined to consider all questions, if any be outstanding, concern-ing discovery to the end that all questions be resolved in time to complete discovery on or before December 14, 1973.
FOR THE ATOMIC SAFETY AND LICENSING BOARD PANEL i
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Walter W.
K. Bennett, Chairman i
i Issued at Washington, D.C.
this 9th day of August, 1973.
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