ML19317E425

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Comments on DOJ to CP&L Advising of Inability to Comply at Present Time W/Conditions of ASLB 730108 Order. Subpoena Extends Beyond Possible Dealings W/Duke Power Co & Beyond Any Relevance to Pending Proceeding
ML19317E425
Person / Time
Site: Oconee, Mcguire, McGuire  Duke Energy icon.png
Issue date: 01/25/1973
From: Bartham C
CONNECTICUT LIGHT & POWER CO. (SUBS. OF NORTHEAST
To: Bennett W K
Atomic Safety and Licensing Board Panel
References
NUDOCS 7912170607
Download: ML19317E425 (2)


Text

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oorJET NUMBM MtCD. & UTil', EE. G >#D7 M 79 M Camlina Power & Light Company

ma Po.9T oFir!CE box 1551 Raleigh, North Carolina 27602 u mu..mi.urr.inrr s

January 25, 1973

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Honorable Walter W. K. Bennett C

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Atomic Safety and Licensing Board P. O. Box 185

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Rt : DUKE FOUER COMPANY Oconce Nuclear Station Units 1, 2 and 3 McGuire Nuclear Station Units 1 and 2 AEC Docket Nos. '50-269,A ' 50-270A, 50-287A 50:369A, and 50-370A

Dear Judge Bennett:

We received a copy of Mr. W. E. Brand's letter of January 15, 1973, advising, the Board that the Department of Justice would be unable to comply at the present time with the conditions of the Board's Order of January 8, 1973. While vc are unsure as to whether a response to Mr. Brand's letter is necessary, we do feel it appropriate to offer the following comments with respect to the letter.

As pointed out in our Motion requesting an extension of time in which to reply or respond to the subpoena duces tecum, we are not a party to this proceeding and have no interest in or connection with the Oconce or McCuire Nucicar generating units.

Furthermore, the subpoena directed to our Company extends well beyond possible contacts with the applicant,, Duke Power Company.

The subpoena consists principally of a general inquiry into the bulk power supply operations of our Company and other matters going far beyond any relevance to Duke Power Company or the pending proceeding.

To comply with and (espond to the subpoena, particularly in its prcsont form, would indeed be extremely time consuming and burdensome to our Company.

Folicwing receipt of the subpoena, we surveyed the various offices of the Company and determined that over sixty offices main-tained filen on one;or more aspects of our bulk power supply operations and that literally hundreds of file drawers or boxes would have to be scarched, file by file and page by page. Those Company officials who would have been most familiar with such material arc either deceased or rerited.

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lion. W.il i e r W. K. Hennett January 25, 1973 Pleadings, orders and other papers filed in this proceeding indicate that the Department of Justice, the AEC Regulatory Staff and Intervenors are jointly revicwing records of Duke Power Company pursuant to Prc-hearin;; Orders of the Board. Thesc Orders appear to provide a sufficient basis for the Department of Justice to obtain from Duke Power Company any relevant information with respect to transactions betwcen Duke and other companien, or between Duke and wholcsale customers (or potential customers) of Duke or other companies in the Piedmont Carolinas.

Should such review produce information upon which a specific request could be made of our Company for relevant information, we would suggest that such specific request be made at that time. This would certainly seem to be a more orderly procedure and one which would not put an unduc burden upon persons who are not parties to the proceedings.

Sincerely yours,

" A..t... / 7A./...

Charles D. Barham, Jr.

CDB:cj Associate General Counsci cc: 11onorable Joseph F. Tubridy lionorable John B. Farmakides Carl Horn, Esquire William II. Crigg, Esquire W. L. Porter, Esquire William Warfield Ross, Esquire Ccorge A. Avery, Esquire J. O. Tally, Jr., Esquire J. A. Bouknight, Jr., Esquire Troy B. Conner, Esquire Joseph Rutberg, Esquiro Benjamin II. Vogler, Esquire Wallace E. Brand, Esquire Mr. Abraham Braitman David Stover, Esquire Mr. Frank W. Karas Atomic Safety and Licensing Board Panel Chairman, Atomic Safety and Licensing Appeals Board Virginia Electric and Power Company American Electric Power Company, Inc.

South Carolina Electric & Cas Company The Southern Company