ML19317E284
| ML19317E284 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, McGuire  |
| Issue date: | 05/15/1974 |
| From: | Farmakides J, Hall G, Tubridy J Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7912170511 | |
| Download: ML19317E284 (8) | |
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00CXETED MAY 151974>
7' UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION cnen:mn i.uj. -=a y
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- In the Matter of
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DUKE POWER COMPANY
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Docket Nos. 50-269A, 50-270A,
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50-287A, 50-36 9A (0conee Units 1, 2 & 3
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50-370A j
McGuire Units 1 & 2)
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ORDER ON MOTION FOR EXTENSTON OF TIME On May 6,1974, the Intervenors in the above-captioned proceeding filed a Motion for Extension of Time.
The Inter-venors seek to postpone all procedural dates heretofore set in this proceeding by 60 days.
The Board has carefully considered all the written and oral pleadings relating to this motion.
The answer of the Department of Justice to Intervenors' motion was especially useful for its straight-forward and detailed discussion of events.
In view of all such pleadings and the record to date, the Board hereby denies the motion-for failure to show good cause, and for the following reasons:
(1)
The Board concludes that the direct cases of the Department of Justice and Intervenors 7912170$W
2-were not integrated.
The Intervenors base their motica for extension of time primarily on the fact that the Department of Justice will not be presenting a direct case, and therefore this will act to the detriment of 2
the Intervenors because of certain alleged commitments made by the Department of Justice.
The Department persuasively controverted that any such commit =ents were made.
For example, the Department of Justice, in its answer to said Intervenors' motion, states "... We dis-agree with Intervenors' suggestion that the Department and Intervenors share a ' generally common interest' in this proceeding"; "... the Department does not represent the narrow interest of Intervenors in this proceeding";
"Intervenors' description of developments sub-sequent to their submission of tentative license conditions to the Department is incom-ple'te and misleading"; "... the Department has
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-3 never had an ' understanding' with Intervenors that the settlement of the AEC and FPC cases
' formed an indivisible all-or-none arrangement'";
"... the Depart =ent never entered into an agreement or understanding with the Intervenors as to the sponsorshf.p of all fact or lay wit-nesses"; "... There was certainly no agreement to deny discovery materials to the Intervenors."
(2)
Over a period of approximately two years, the parties have engaged in extensive discovery, and have had adequate time and opportunity thereafter to prepare their direct cases.
(3)
Over the past several months during the course of telephone conference calls on resetting pro-cedural dates the Intervenors have committed themselves to the Board and dhe parties as to their willingness and capability to proceed wich their direct case on the particular dates heretofore scheduled.
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4-(4)
Counsel for the Intervenors are not inexperi-enced, nor are they dealing with new matters.
They have represented the same parties in several cases involving related interpretations of the antitrust laws and related factual con-tentions.
(5)
The Intervenors have known for the past several months of the settlement negotiations among the Department of Justice, the Applicant, and the Atomic Energy Commission Staff.
Under these circumstances, reasonable prudence would seem to have required that the Intervenors prepare accordingly.
For dhe above reasons and for failure to show good cause, the motion for a 60-day extension of time is denied.
Nevertheless, since the Intervenors claim they would not be prepared to proceed adequately on June 10, the Board grants an additional time of 15 days for Intervenors to complete their prepara' tion.
l Therefore the procedural dates heretofore fixed are l
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. hereby rescheduled as follows:
Final date for submission of May 30, 1974 testimony Final date for submission of June 5, 1974 prehearing briefs Prehearing Conference June 12, 1974 Evidentiary Session June 25, 1974 IT IS SO ORDERED.
ATOMIC SAFETY AND LICENSING BOARD
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' Joseph F. Tubridy, Member.-
- x. l m/ Y A George g.' Hall, Member
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Y p6xi5.'FirmaWdes, Chairman Issued at Bethesda, Maryland, this 15th day of May 1974.
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s G/O-79 UNITED STATES CF A1 ERICA ATCafIC EERGY CC:"IISSION In the Matter of
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DUKE POWER COMP.m
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Docket No. 53..269h 270A, (Oconee Nuclear Station, Units,)
50-287A, 369A, 370A 2 & 3; McGuire Nuclear Station, )
Units 1 and 2)
CERTIFICATE 07 SERVICE I hereby certify that I have this day serve'd the foregoing docu=ent upon each person casignated on the official cervice lis : ce= piled by the Office of the Secretary of the Cc=ission in this proceedin:;
in accordance with the recuire=ents of Section 2.712 of 10 CFR Part 2 - Rules of Practice, of the Atenic Energy Comission's Rules and Regulations.
Dated at Washington, D. C.
this f 7^
day of
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Office of the Secretary pf the Cc==ission 8
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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DUKE POWER COMPANY
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Docket Nos. 50-269A
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50-270A (Oconee Nuclear Stations, Units
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50-287A 1, 2, and 3)
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50-369A (McGuire Nuclear Station, Units
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50-370A 1 and 2)
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SERVICE LIST Carl Horn, Jr., Esq., Vice President and General Counsel Duke Power Company P.'O. Box 2178 Charlotte, North Carolina 28201 John B. Farmakides, Esq., Chairman Atomic Safety and Licensing Board Roy B. Snapp, Esq.
U. S. Atomic Energy Comnission Bechhoefer, Snapp & Trippe Washington, D. C.
20545 Suite 512 1801 K Street, N.
W.
Mr. Joseph F. Tubridy Washington, D. C.
20006 4100 Cathedral Avenue, N. W.
Washington, D. C.
20016 Joseph Rutberg, Esq.
Regulatory Staff Counsel William W. Ross, Esq.
U. S. Atomic En'ergy Commission Keith S. Watson, Esq.
Washington, D. C.
20545 Toni K. Golden, Esq.
Wald, Harkrader, Nicholson Mr. Abraham Brait=an, Chief and Ross Office of Antitrust snd 1320 19th Street,N. W.
Indemnity Washington, D. C.
20036 Directorate of Licensing U. S. Atomic Energy Commission William H. 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 South Church Street Regu! story Staff 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. 1. Department of Justice Washington, D. C.
20530 Dr. George R. Hall Atomic Safety and Licensing Board U. S. Atomic Energy Commission Washington, D. C.
20545
50-269A, 270A, 287A. 369A & 370A paga 2 Joseph J. Saunders, Esq., Chief J. A. Bouknight, Jr., Esq.
Public Counsel and Legislative Tally and Tally Section 429 N Street, N. W. #S-311 Antitrust Division Washington, D. C.
20024 U. S. Department of Justice Washington, D. C.
20530 Public Library of Charlotte and Mecklenburg County J. A. Bouknight, Jr., Esq.
310 North Tryon Street J. O. Tally, Jr., Esq.
Charlotte, North Carolina 28202 Tally and Tally Home Federal Building 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.
James D. Garrison, Esq.
U. S. Depart =ent of Justice P. O. Box 7513 David F. Stover, Esq.
Washington, D. C.
20044 Tally & Tally P. O. Box 1660 William T. Clabault, Esq.
Fayetteville, North Carolina 23302 David A. Leckie, Esq.
Antitrust Division P. 0. Box 7513 Washington, D. C.
20044 Mr. H. W. Oetinger 2420 Rosewell Avenue, Apartment 503 Charlotte, North Carolina 28209 f
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