ML19317E204

Motion by Municipal Intervenors to Suspend Procedural Schedule.Certificate of Svc Encl

ML19317E204
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	05/24/1974
From:	Stover D TALLY, TALLY & BOUKNIGHT
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 7912170440
Download: ML19317E204 (4)

Text

k'jjL!$ N UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Duke Power Company ) DocketNos.[0-269A,50-270A, (0conee Units 1, 2 and 3; ) 50-287A '

McGuire Units 1 and 2) ) 50-369A, 50-370A MOTION TO SUSPEND PROCEDUPAL SCHEDULE Municipal Intervenors hereby move, in confirmation and pursuence of the telephone conference of 28 May 1974, for cancellation or suspension of the procedural schedule in these dockets. In support whereof, Municipal Intervenors respectfully show to the Board the following:

1. On 28 May 1974, the municipalities and electric membership corporations concerned approved an offer of settlement of various proceedings involving Applicant Duke Power Company (Duke). These proceedings are:

(1) the above-named dockets, (2) the Catawba licensing proceeding, AEC Docket Nos. 50-413A and 50-414A, and (3) a group of Federal Power Comission rate cases.

2. The settlement offer was made contigent upon (1) the Court of Appeals before which one of the FPC cases is pending not deciding it otherwise than by a stipulation of the parties, and (2) this Board's suspending the procedural schedule in these dockets. This motion is directed to the second contigency. 1/

3. The settlement, insofar as it concerns the Oconee-McGuire and Catawba licenses, is the same as the statement of license conditions transmitted by Assistant Attorney General Kauper to Mr. Shapar of the AEC Staff by his letter of 26 April 1974.

1/ Counsel have prepared and are filing an appropriate motion '

with the Court of Appeals to cover the first contingency.

H2170gg A

4. Municipa. Intervenors believe that, absent unforeseen difficulties, it should be possible to complete the process of submitting the settlement to obtain approval at this Commission and the FPC in approximately a month. We recognize that some additional time may be necessary, and undertake to notify the Board of the status of these matters by 1 July 1974. Of course, if less time is required for this process, we will immediately notify the Board ~ of its completion.

5. We are authorized to state that Applicant, the Department, and Staff concur in this motion.

WHEREFORE, Municipal Intervenors respectfully move that the procedural schedule in these dockets be cancelled or suspended for such time as is necessary to submit and obtain the required regulatory approvals of the settlement described herein.

Respectfully submitted,

b. d, W -

David F. Stover Tcily & Tally P. O. Box 1660 Fayetteville, North Carolina 28302 and 1300 Connecticut Avenue N.W.

Suite 307 Washington, D.C. 20036 Attorneys for Municipal Intervenors i

+

Washington, D.C.

this 29th day of May 1974.

l i

UNITED STATES OF AMERICA ATOMIC ENERGY C0FJ4ISSION In the Matter of )

i DUKE POWER COMPANY ) Docket Nos. 50-269A, 50-270A,

(0conee Units 1, 2 & 3 ) 50-287A, McGuire Units 1 & 2) ) 50-369A, 50-370A CERTIFICATE OF SERVICE I hereby certify that copies of Intervenors Motion to Suspend Procedurai Schedule in the above-captioned matter were served on the folloviing by deposit in the United States mail, first class or air nail, on 29th i'.ay 1974.

Dr. George R. Hall Troy B. Connor, Esquire Atomic' Safety and Licensing Connor & Knotts Board Panel 1747 Pennsylvaria Avenue N.W.

Atomic Energy Commission Washington, D.C. 20006 i

Washington, D.C. 20545 Joseph Rutberg, Esquire Joseph F. Tubridy, Esquire Benjamin H. Vogler, Esquire Antitrust Counsel for AEC 4100 Cathedral Avenue N.W.

ashington, D.C. 20016

.. Regulatory Staff

Atomic Energy Commission John B. Farmakides,- Esquire Washington, D.C. 20545 Atomic Safety and Licensing i Boarc Panel Mr. Frank W. Karas, Chief Atomic Energy Commission Public Proceedings Branch Washington, D.C. 20545 Office of the Secretary of -

the Commission i Atomic Safety and Licensing Atomic Energy Commission i

Board Panei Washington, D.C. 20545

Atomic Energy Commission Washington, D.C. 20545 Joseph Saunders, Esquire Antitrust Division

, Abraham Braitman, Esquire Department of Justice l Special Assistant for Washington, D.C. 20530 Antitrust Matters Office of Antitrust and George A. Avery, Esquire Indemnity Toni K. Golden, Esquire Atomic Energy Commission Wald, Harkrader & Ross j Washington, D.C. 20545 1320 19th street N.W.

i Washington, D.C. 20036

-+ ----..,,----,.ne-,-- , , - - - . , . - , , . , , . - , , - , , ..-.n.a,-,-,m - - ,.-----.,,.-----.,-,.-.-,,,n.-

---

. , - - . . n

F David A. Leckie, Esquire Antitrust Public Counsel Section P. O. Bax 7513 Mashington, D.C. 20044 Wallace E. Brand, Esquire Antitrust Public Counsel Section P. O. Eox 7513

'!ashington, D.C. 20044 l

Tally & Tally

/fYAR[fs, / /f/

By: ,

Q.~W/ -

Attorneys for Municipal Intervenors P. O. Box 1660 Fayetteville, North Carolina 28302 and Suite 307 1300 Connecticut Avenue N.W.

Washington, D.C. 20036 This 29th day of May 1974.

4 e