ML19317E269

Motion to Quash Subpoenas Duces Tecum & Alternatively for Addl Time in Which Respond.Certificate of Svc Encl

ML19317E269
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	12/12/1972
From:	Fischer G DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7912170500
Download: ML19317E269 (6)

Text

- /xj p j.s UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

DUKE POUER COMPANY ) DocketNosh0-269A,j50-270A,

) 50-zu/A, 50-369A, (Oconee Units 1, 2 & 3; } .

50-370A McGuire Units 1 & 2) )

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD MOTION TO QUASH SUBPOENAS DUCES TECUM AND ALTERNATIVELY FOR ADDITIONAL TIME IN WHICH TO RESPOND On November 27, 1972, the South Carolina Electric & Gas Company ("SCE&G") was served a Subpoena Duces Tecum in the captioned proceedings issued at the instance of the Antitrust Division, Department of Juctice, together with a copy of the " Application for Issuance of Subpoenas Duces Tecum" both dated November 16, 1972.

South Carolina Electric & Gas Company hereby' moves, in accordance with Section 2.720(f), 10 CFR Part 2, that the subpoena be quashed as unreasonable and, alternatively, that it be given at least sixty days from the return date of the subpoena, December 15, 1972, in which to make further response.

In support of the motion, SCE&G avers:

It is not a. party to the captioned Proceedings, and was not served with the Subpoena or Application until November 27, 1972. ,

1 As defined by the Subpoena, t's documents subject thereto enccmpass the widest range of records. To determine if such documents exist, it would be 7 912170 MO $

necessary for SCE&G to review the filing system for the entire company and to then search the appropriate files before it can state with assurance that all sources for the documents as defined have been scrutinized. .

Compliance with the Subpoena in such a short time would be unreasonable if only a few years were involved. The immensity of the Justice request is magnified, however, by the fact that it seeks such documents for a 33-year period beginning January 1, 1940.-1/ >

Although the Department of Justice suggests that "the number of episodes of actual or potentiaIl com-petition of the type for which documents are requested herein are relatively few," it is obvious that 33 years of records cannot be examined within less than three weeks.

As such, the Subpoena is patently unreasonable and should be quashed.

In the event the Board determines that the Subpoena should not be quashed forthwith, SCE&G moves in the alternative that its effectiveness be delayed for a period of at least sixty days frcm the return day, during which SCE&G can determine what course of legal 1/ No basis is shown in the application for the selection of the date. .

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i action it should pursue. As noted above, at least sixty days additional time will be required:

a. To determine the extent of the documentary material involved and how much additional time, if any, might be required to assure that a complete record search has been made, and

b. To make a legal analysis of the relevancy of any documents which may be found to the captioned i proceeding and to analyze the pertinent law to determine whether further motions should be filed (1) to quash, (2) for summary judgment, (3) for certification to the Atomic Safety and Licensing Appeal Board, or to the Commission, as may be appropriate, or (4) for other appropriate relief. .

RespectfnKIy s'.itted, j

/ ,a George H. Fischer Vice President and General Counsel Washington, D. C.

December 12, 1972.  ;

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VERIFICATION

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DISTRICT OF COLUMDIA ) ss:

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PERSONALLY APPEARED before me, GEORGE H. FISCHER, being first duly sworn, deposes and says that he is Vice President and General Counsel for South Carolina Electric & Gas Company; that he is duly authorized to execute, verify, and file the foregoing document; that he has read the contents of same, and that the statements contained

'herein are true and correct to his best information, knowlege and belief.

-D ~

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Subscribed and sworn to before me.this /'l Ft day of

/I. < - _. t s.m , 1972.

0/ i., b..'.

Notary Public

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e 6

UNITED STATES OF AMERICA -

ATOMIC ENERGY COMMISSION In the Matter of )

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

) 50-287A, 50-369A (Oconee Units 1, 2&3 ) 50-370A McGuire Units 1 & 2) ) ,

CERTIFICATE OF SERVICE I hereby certify that copies of " Motion to Quash Subpoenas Duces Tecum and Alternatively for Additional Time in which to Respond" dated December 12, 1972, in the captioned matter, were served upon the fc. lowing by deposit in the Gnited States mail this 12th day of December, 1972:

Walter W. K. Bennett, Esq. Joseph Rutherg, Esq.

P. O. Box 185 Benjamin H. Vogler, Esq.

Pinehurst, North Carolina 28374 Antitrust Counsel for AEC Regulatory Staff Joseph F. Tubridy, Esq. U. S. Atomic Energy Commission 4100 Cathedral Avenue, N.W. Washington, D. C. 20545 Washington, D. C. 20016 Mr. Frank W. Karas, Chief John B. Farmakides, Esq. Chief, Public Proceedings Branch Atomic Safety & Licensing Board Offica of the Secretary U. S. Atomic Energy Commission U. S. Atomic Energy Commission Washington, D. C. 20545 Washington, D. C. 20545 Nathaniel H. Goodrich, Esq. Joseph Saunders, Esq.

Chairman, Atcmic Safety & Antitrust Division Licensing Board Panel Department of Justice U. S. Atcmic Energy Commission Washing 4.on, D. C. 20530 Washington, D. C. 20545 Wallace E. Brand, Esq.

Abraham Braitman, Esq. Antitrust Public Counsel Section Special Assistant for Department of Justice Antitrust Matters P. O. Box 7513

• Office of Antitrust and Washington, D. C. 20044 Indemnity U. S. Atomic Energy Commission William T. Calbault, Esq.

Washington, D. C. 20545 David A. Leckie, Esq.

l Antitrust Public Counsel Section

! J. O. Tally, Jr., Esq. '

Department of Justice P. O. Drawer 1660 P. O. Box 7513 l Fayetteville, North Carolina 28302 Washington, D. C. 20044

J. A. Bouknight, Jr., Esq. William H. Grigg, Esq.

David F. Stover, Esq. Vice President and General Counsel Tally, Tally & Bouknight Duke Power Compsny Suite 311 P. O. Box 2178 429 N Street, S. W. Charlotte, North Carolina 28201 Washington, D. C. 20024 William Larry Porter, Esq.

William Warfield Ross, Esq. Assistant General Counsel George A. Avery, Esq. Duke Power Company Keith Watson, Esq. P. O. Box 2178

• 1320 Nineteenth Street, N.W. Charlotte, North Carolina 28201 Washington, D.C. 20036

& AAA

. Conner, Jr.

Counsel for SOUTH CAROLINA ELECTRIC & GAS COMPANY

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