ML19317E440

Requests Extension of Time Until 731227 to File Motions to Compel Responses to Applicant Supplemental Interrogatories & to Answer Intervenors' Objections to Same.Certificate of Svc Encl

ML19317E440
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	12/07/1973
From:	Brunner T DUKE POWER CO., WALD, HARKRADER & ROSS
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 7912170616
Download: ML19317E440 (4)

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-c UNITED STATES OF A)1 ERICA ATOMIC ENERGY COMMISSION In the Matter of ) /

1 Docket Nos. 5 0-2 6 9 A', ~5 0 -2 7 0 A DUKE POWER COMPANY ) 50-287A, 50-369A (Oconee Units 1, 2& 3 1 50-370A McGuire Units 1 &2) )

. REQUEST OF APPLICANT FOR EXTENSION OF TIME TO FILE MOTIONS TO COMPEL RESPONSES TO APPLICANT'S SUPPLEMENTARY INTERROGATORIES AND TO REPLY TO INTERVENORS' OBJECTIONS TO SAID INTERROGATORIES Pursuant to 10 C.F.R. S52.718 and 2.730 (c) , Applicant hereby requests additional time until December 27, 1973 (1) to file motions to compel responses to its Supplementary Interrog-atories from the' Department of Justice and Intervenors and (2) to reply to Intervenors' objections to certain of these inter-rogatories.

The grounds for Applicant's request are the following:

1. The amount of material which Applicant must analyze is vast, comprising responses to nearly two hundred interrogatories, many having numerous sub-parts.

2. The Department of Justice has advised the other parties that it will seek to extend the deadline for the comple-tion of discovery well beycnd its present December 14, 1973, dead-line so that it may be relieved of its obligation to proceed with depositions in this matter at this time.1/

1/ The stated reason for this delay the Justice Department's conflicting commitments to the Consumers Pcwer (Midland Units 1 and 2) matter.

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3. Applicant has not yet received responses to its document production requests addressed to Intervenors, despite the fact that the extension of time granted Intervenors is now passed; Applicant believes it would be inequitable to require it to file its replies and motions with regard to Intervenors' responses until such production is had.

4. Applicant is about to commence taking depositions of the Intervenors, the first deposition to be taken December 11, 1973, and the preparation for same is currently demanding a great deal of Applicant's counsel's time and energies.

5. Applicant will work diligently to file its motions to compel and to respond to Intervenors' objections and these will be served on or before December 27.

Respectfully submitted, Thomas W. Brunner WALD, HARKRADER & ROSS 1320 19th Street, N. W.

Washington, D. .C . 20036 (202) 296-2121 December 7, 1973

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

) Docket Nos. 50-269A, 50-270A DUKE POWER COMPANY ) 50-237A, 50-369A (Oconee Units 1, 2 & 3 ) 50-370A McGuire Units 1& 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of REQUEST FOR EXTEN-SION-OF TIME dated December 7, 1973, in the above-captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 7th day of December, 1973:

Walter W. K. Bennett, Esquire J. O. Tally, Jr. Esquire P. O. Box 185 P. O. Drawer 1660 Pinehurst, North Carolina 28374 Fayetteville, No. Carolina 28302 Joseph F. Tubridy , Esquire Troy B. Connor, Esquire 4100 Cathedral Avenue , N. W. Connor & Knotts Washington, D. C. 20016 1747 Penna. Ave. N. W.

Washington , D. C. 20006 John.B. Farmakides, Esquire Atomic Safety and Licensing Joseph Rutberg, Esquire Board Panel Ben; amin H. Vogler, Esquire Atomic Energy Commission Antitrust Counsel for

' Washington, D. C. 20545 AEC Regulatory Staff Atomic Energy Commission Atomic Safety and Washington , D. C. 20545 Licensing Board Panel Atomic Energy Commission Mr. Frank W. Karas, Chief Washington, D. C. 20545 Public Proceedings Branch Office of the Secretary Abraham Braitman , Esquire of the Commission Special Assistant for Atomic Energy Com:aission Antitrust Matters Washington, D. C. 20545 Office of Antitrust and Indemnity Joseph Saunders, Esquire Atomic Energy Commission Antitrust

• Division Washington, D. C. 20545 Department of Justice Washington , D. C. 20530

James D. Garrison David A. Leckie, Esquire David F. Stover, Esquire Antitrus t Public Counsel Section Tally ~& Tally

. Department of Justice 1300 Connecticut Ave. N. W. '

P. O. Box 7513 Washington, D. C. '

20036 Washington, D. C. 20044 Wallace E. Brand, Esquire Antitrust Public Counsel Section Department of Justice P. O. Box 7513 Washington, D. C. 20044 t

Wald, Harkrader & Ross By:

l i* Attorneys for Duke Power Company

! 1320 Nineteenth Street, N.W.

i Washington, D. C. 20036 i

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