ML19317E758

Affidavit of Jh Fowles on 730411 Re Issuance of Subpoena Duces Tecum to Sc Electric & Gas Co.Certificate of Svc Encl

ML19317E758
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	04/11/1973
From:	Fowles J SOUTH CAROLINA ELECTRIC & GAS CO.
To:
References
NUDOCS 7912180940
Download: ML19317E758 (6)

Text

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UNITED STATES OF AMERICA

).TCMIC' ENERGY COMMISSION In the Matter of }

}

DUKE POWER COMPANY ) Docket Nos. 50-269A

) 50-270A (Oconce Units 1, 2 and 3 ) 50-287A McGuire Units 1 and 2) ) 50-369A 50-370A AFFIDAVIT OF JAMES H. FOWLES, JR.

REGARDING ISSUANCE OF SUBPOENA DUCES TECUM TO SOTTTH CAROLINA ELECTRIC & GAS COMPANY James- H. Fowles , Jr., being first duly sworn, deposes and says:

1. I am Assistant General Counsel for the

' South Carolina Electric & Gas Company. South Carolina Electric & Gas Company is engaged in generation, trans-mission, distribution and sale of electricity in the 1

central, southern and southwestern areas of South Carolina in accordance with the regulations of the South Carolina l

Public Utilities Commission and the Federal Power Commission. i 1

2. South Carolina Electric & Gas Company is not a party to this proceeding. It has no interest in or connection with the Oconee and McGuire nuclear generating units, which belong to the Duke Power Company.

t i 3. On November 27, 1972, South Carolina Electric l I

l

& Gas Company was served with a Subpoena Duces Tecum issued by the Atomic Safety and Licensing Board in this proceeding l

requiring the production of various categories of documents 1

I relating to its policies and relationships concerning other wholesale electric companies throughout the Piedmont Carolinas.

That subpoena was subsequently modified by an order of the Board date January 8, 1973.

4. Even as modified, compliance with the subpoena would be oppressive and burdensome. As defined by the Subpoena, the documents subject thereto encompass a wide l range of records. To determine if such documents exist, it would be necessary for South Carolina Electric & Gas Company to review substantially all of its Columbia, S. C.

files and search all appropriate files before it could state with assurance that all sources of the documents requested had been scrutinized.

5. The search required by the Subpoena would encompass the files in Columbia, S. C. of the executive officers of South Carolina Electric & Gas Company and of several different departments of the company which perform -

marketing and engineering functions. A complete search would require a detailed page by page review of the contents i

of numerous file cabinets within these departments. However, inasmuch as branch sales offices are not authoriced to deal with wholesale sales or interconnections, such search

would not include a review of records in any of the branch sales offices.

6. South Carolina Electric & Gas Company has no central file system nor any central file index. Each department is responsible for maintaining its own file system, and for its own records retention policy. Therefore, numerous persons will be required to conduct this search and identification of any particular document would not necessarily lead to the location of related documents without prolonged search.

7. It is estimated that a search such as that contemplated by the Subpoena would require considerable man-hours to complete, and would cost the South Carolina Electric & Gas Company a substantial sum of money. The allocation of company personnel to perform the search would result in interruption of their normal activities and dis-ruption of their schedules. The cost of this search would be substantially reduced if the Department of Justice further identified the documents which'it seeks.

Respectfully submitted,

.or e--

James H. Fowles, Jr.

sistant General Counsel SOUTH CAROLINA ELECTRIC & GAS -

CCMPANY April 11, 1973

STATE OF SOUTH CAROLINA )

)

COUNTY OF RICHLAND )

James H. Fowles, Jr., being first duly sworn, states that.he is Assistant General Counsel of South Carolina Electric & Gas Company; and that the statements contained in this affidavit prepared for filing in Duke Power Comoanv, Dockets Nos. 50-269A, et al., are true and correct to the best of his knowledge and belief; and that he is authorized to make the same to the Atomic Energy Commission.

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, James H. Fowles, Jr. V SUBSCRIBED AND SWORN TO BEFORE me this lith day of April, 1973.

n Luil (L.S.)

Notary Public for South Carolina.

My Commission Expires: 9-g -D ,.

i i

n

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

)

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 the "Responsd of South Carolina Electric & Gas Ccrpany to Application for Issuance of Subpcena Duces Tecum and Affidavit in Support Thereof by Justice Department" dated April 13, 1973, and the " Affidavit of James H. Fowles, Jr.,

l Regarding Issuance of Subpoena Duces Tecum to South Carolina l Electric & Gas Company", dated April 11, 1973, have been served upon the following by deposit in the United States mail this 13th day of April, 1973:

Walter W. K. Bennett, Esq. Joseph Rutberg, 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 Office 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, Atomic Safety & Antitrust Division Licensing Board Panel Department of Justice U. S. Atomic Energy Commission Washington, 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 l 1

^'

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

David F. Stover, Esq. Vice President and General Counsel Tally, Tally & Bouknight Duke Pcwer Company 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 Toni Golden, Esq. P. O. Box 2178 Keith Watson, Esq. Charlotte, North Carolina 28201 1320 Nineteenth Street, N. W.

Washington, D. C. 20036 -

49n&f .

Richard M. Merriman James K. Mitchell

'Reid & Priest 1701 K Street, N. W.

Washington, D. C. 20006 Counsel for

, South Carolina Electric & Gas Company

)