ML19317E557

Applicant'S Motion to Compel Epic,Inc to Comply W/Subpoena

ML19317E557
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	09/17/1973
From:	Avery G, Brunner T, Golden T DUKE POWER CO., WALD, HARKRADER & ROSS
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19317E558	List: ML19317E557 ML19317E634
References
NUDOCS 7912180776
Download: ML19317E557 (2)

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

) Docket Nos. 50-269A 50-270 DUKE POWER COMPANY (Oconee Units 1, 2 and 3

) au aeA, ( # )

) and 50-370A --

McGuire Units 1 and 2) )

APPLICANT'S MOTION TO COMPEL EPIC, INC.

TO COMPLY WITH SUBPOENA To the Atomic Safety and Licensing Board:

Duke Power Company (" Applicant") respectfully moves this Board, pursuant to Paragraph B. 3 (b) of Prehearing Drder Number Six and Part E of Prehearing Order Number Seven, for an order compelling EPIC, Inc., to comply with the subpoena issued by this Board on December 9, 1972 by furnishing the information specified in Item 11 of Appendix A of the State-ment of Applicant Regarding Outstanding Items Subpoenaed from EPIC dated May 16, 1973 (hereinafter " Statement"). -~1/

Initially, EPIC refused to produce the documents responsive to item 11 on the ground that information regarding proposed future sites was a " trade secret". Subsequently,

_1/ Item 11 requested:

Each document prepared by or for EPIC, or any of its employees, agents or consultants, which relates to, comments on, evaluates or discusses the siting criteria established by the Atomic Energy Commission or hcw EPIC or North Carolina Consumers Power would comply with such criteria.

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however, counsel for EPIC acknowledged that EPIC would pro-1 duce the material requested providing identifiable proposed future sites were deleted from the documents produced. De-i spite these assurances from EPIC's counsel, the material has not been produced to date.

j In light of the oral commitments made by counsel f for EPIC, the potential delay inherent in the continued un-availability of the material and the procedural schedule determined by the Board in Prehearing Grder Number seven,

. Applicant is compelled'to seek the relief requested in this i motion.

Accordingly, it is requested that the Board issue an order compelling EPIC, Inc., to produce the documents responsive to item 11 of Appendix A of the Statement.

Respectfully submitted, George A. Avery Toni K. Golden Thomas W. Brunner i

September 17, 1973

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