ML19317E190

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Prehearing Conference Order 3,disposing of Motions,Requiring Further Specification of Issues & Giving Notification of Location of Conference
ML19317E190
Person / Time
Site: Oconee, Mcguire, McGuire  Duke Energy icon.png
Issue date: 01/24/1973
From: Bennett W K, Farmakides J, Tubridy J
Atomic Safety and Licensing Board Panel
To:
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19317E191 List:
References
NUDOCS 7912170428
Download: ML19317E190 (4)


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UNI'II:D STATES OF AMERICA A'IOMIC ENERGY CO?i'JIGSION In the Matter of

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Docko t Nos. 50-2GOA

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50-270A DUIS F0ER COMPANY

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50-237A

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50-360A (Oconee Units 1, 2,

and 3;

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50-370A McGuire Units 1 and 2)

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PREEARING CONFERENCE ORDER 3.

D79 DOSING OF MOTIONS, EEQUIRING FURTIER SPECIFICATICN OF ISSUES AND GIVING NOTIFICATION OF LOCATION OF CONTERENCE Applicant on December 15,, 1972, and Decem'oer 21, i

1972, ande motions t.o compel Intervenors to complete diccovery; Intervenors on January 11, 1973, reques ted an pxtension of time to respond with the information

'with'dut ~ contestir;d; the discovehy r'equired.

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extension should be granted.

The Board, however, does i

not adopt the comment.that Applicant's time has been extended as indicated by Intervenors.

Applicant also caused a subpoena to be issued to EPIC, Inc., on December 18, 1972, and the latter on January 12, 1973, made a timely motion to quash or extend its time to an:ve".

On January 19, 1973, Applicant served its application for extension of time to ans.ver said motion to quash.

Since the subpoena to appears overbroad in some respects and thus subject 7912170hMk M

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modification or quashing, a practical approach by the Applicant and EPIC, Inc., toward agreement on the scope of the subpoeaa is reques ted.

in accordance with this Board's Applicant has, request, aise Laught to secure agreement on the fiscal The Board is information desired -from Intervenors.

however, because of the great detail requested concerned, in the correspondence, that the information apparently 4

being sought relai.cs to issues of damages rather than f

The Board shall ma t;ters appropriate to this proceeding.

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... defer.aption on tho. scope to be required unt l

the preheari:tg Conference', at which time, as previ'ously indicated, the Board intends to redefine the issues so the preparation for, trial may proceed more that l

i expeditiously.

Applicant is instructed to attempt to agree on a reduced scope of the subpo$na directed to EPIC, Inc.,

l dd to reconsider its fiscal informa tion demands to

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in light of our comment and to be prepared Intervenors' the Prehearing Conference on February 15, to report at Should no if it has succeeded in its efforts.

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- - s agre Mont ha-reached, the Board will hear argument on the 1:.otion of 2PIC, Inc., and veill issue clarifying directicns with respect to the Ciscal discovery demands.

I Accordingiy, IT 15 ORDERED THAT:

(1)

Applicant, the Departucat of Justico, and the Intervenors are sach directed to prepare, e:cchange, and serve on this Board on or before Februar'y 3, 1973, a new proposed lis t of subicsues of f act to be tried in this procanding in light of our commnts and directions and the discovery already. secured and to attempt to further

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rdduch. the' area.' of.disa*greement by ?s tipula' tion..to 'the'end.

. i that.the sceps.02't"a "i den tiary Hea ring ca n~ ba fu'rt.har reduced.

(2). 'In tervenors are' grante'd :a.n ert'ensi'on of. time

.3 until February 10, 1973, to complete the discovery required; and Applicant is granted an extension of time until February 3, 1973, to answer the motion of EPIC, Inc'.,

to quash the subpoenas served on it.

i (3)

Unless agreenent is reached, this Board will hear argument on the motion to quash the subpoena heretofore served on EPIC, Inc., and will coacider redefiaing the fiscal discovery dc=nndad.

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j (4) --The principu T. objaccivo of this Prehearing 9

1 Confereuce will he the redatirti. tion of the issues in f

~1ight of the four nonths* liccetery.

In addition, l

there will be further conside.ation of reducing the scope and securing greater e:,pedition in the completion i

of discovery se tha t an early Evidcatiary Hearing may t

be scheduled.

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(5)

The third Prchearing Conference will be held

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commencing at 9:00 cm, Fa'cruary 1.5, 1973, in the 4

Lafayette Buildirig, Va terans Adciinis tra tion, at 811 4

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K. Bennett, Chairman Issued at. Washington, D.

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l this 24th day of January, 1973.

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