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Category:AFFIDAVITS
MONTHYEARML20196E0191998-11-30030 November 1998 Affidavit.* Affidavit of Dp Cleary in Response to Licensing Board Questions Re Environ Impacts of Transportation of High Level Waste.With Certificate of Svc ML20155F5041998-10-30030 October 1998 Declaration of N Williams.* Declaration Expresses Concerns Re Duke Power Co Application for License Renewal for Oconee Nuclear Station,Units 1,2 & 3.Application Inadequate to Protect from Unacceptable Risk of Radiological Accidents ML20155F4951998-10-30030 October 1998 Declaration of Ws Lesan.* Declaration Expresses Concern Re Duke Power Co Application for Renewal of License for Oconee Nuclear Station,Units 1,2 & 3.Application Inadequate to Protect from Unacceptable Risk of Radiological Accidents ML20078C2271983-09-0202 September 1983 Application for Withholding Proprietary McGuire Post-Mod Steam Generator Tube Vibration Monitoring Program, (Ref 10CFR2.790) ML19347D9811981-04-0303 April 1981 Affidavit Re Temp Effects on Polyurethane Foam.If Fiberglass Insulation on Air Handling Ducts Is Considered,Calculations Would Be More Conservative.Certificate of Svc Encl ML20126H3021981-03-27027 March 1981 Affidavit Supplementing 810319 Testimony Re Polyurethane Problem ML19345E8481981-02-0202 February 1981 Affidavit Discussing Potential Changes in Population Density Figures at Any Radial Distance Up to 30 Miles from Plant ML19340C5011980-11-0707 November 1980 Affidavit Re 801007 Meeting W/R Tedesco in Charlotte,Nc. Discussion Addressed Computer Models for Decay Heat,Timing of Hydrogen Generation & Most Relevant Computer Study Finding.Affirmation of Svc Encl ML20040E3281980-09-0505 September 1980 Affidavit of RA Wiesemann Re Need to Withhold Encl Documents from Public Disclosure Per 10CFR2.790 ML19329G1101980-07-0909 July 1980 Affidavit Attesting That ECCS Meets Acceptance Criteria. Hydrogen Explosion Will Not Present Major Damage to Reactor Vessel.Charlotte Observer 791101 Article & Certificate of Svc Encl ML19329G1061979-07-0909 July 1979 Affidavit Addressing Issue of Hydrogen Generation & Control Following Postulated TMI-type Accident.Action Implemented Effectively Precludes Excess Hydrogen Generation ML19331E0021979-07-0909 July 1979 Affidavit Re Hydrogen Generation & Control Following Postulated TMI-type Accident.Util Action Effectively Precludes Excess Hydrogen Generation.Certificate of Svc Encl ML19312B8171978-03-15015 March 1978 Statement of Util as to Available Sources of Funds to Satisfy Possible Liability Not Exceeding $30 Million ML19317E6341973-09-30030 September 1973 Affidavit of Tk Golden on 730930 Re Production of EPIC Subpoenaed Documents Listed in App A,Item 11 of Util 730516 Statement.Documents Not Yet Received.Certificates of Svc Encl ML19322B9121973-06-18018 June 1973 Affidavit of Sh Smith on 730618 Re Extent of Document Review Performed by Util ML19312C5701973-06-15015 June 1973 Affidavit of s Ragone on 730615 Re Extent of Document Review Performed by Util ML19317E5391973-04-12012 April 1973 Affidavit of s Ragone on 730412 Re 730322 Order & Supporting Motion to Quash or Limit 721120 Subpoena ML19317E7581973-04-11011 April 1973 Affidavit of Jh Fowles on 730411 Re Issuance of Subpoena Duces Tecum to Sc Electric & Gas Co.Certificate of Svc Encl 1998-11-30
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212D1771999-09-20020 September 1999 Exemption from Certain Requirements of 10CFR50,App A,General Design Criterion 57 Re Isolation of Main Steam Branch Lines Penetrating Containment ML20211A1801999-08-16016 August 1999 Forwards Comments on Draft Geig Re NUREG-1437 ML20205M8401999-04-15015 April 1999 Memorandum & Order.* Orders That Petitioner Appeal of Board Ruling Be Denied.Commission Affirms LBP-98-33 in Entirety. with Certificate of Svc.Served on 990415 ML20199K8231999-01-25025 January 1999 NRC Brief in Opposition to Appeal of Nb Williams,Wb Clay, Ws Lesan & Chattooga River Watershed Coalition.* Licensing Board Decision in LBP-98-33 Should Be Affirmed.With Certificate of Svc ML20199K8101999-01-25025 January 1999 Duke Energy Corp Brief in Opposition to Appeal of Chattooga River Watershed Coalition.* Informs That Licensing Board Decision in LBP-98-33 Should Be Affirmed.With Certificate of Svc ML20199D7021999-01-14014 January 1999 Notice of Appeal.* Chattooga River Watershed Coalition Files Notice of Appeal to Commission for Review of ASLB 981230 Memorandum & Order Denying Petitioner Petition for Leave to Intervene ML20199D7241999-01-14014 January 1999 Chattooga River Watershed Coalition Brief in Support of Appeal of Order Denying Intervention Petition & Dismissing Proceeding.* Commission Should Grant Petition for Review & Remand ASLB Memorandum & Order ML20198K9911998-12-29029 December 1998 Memorandum & Order (Denying Petition to Intervene).* Denies Petitioners Requests for Intervention Because Proffered Contentions Failed to Meet Requirements for Admissability. with Certificate of Svc.Served on 981230 ML20198D2601998-12-22022 December 1998 NRC Staff Response to Petitioners New Info.* Informs That Info Provided by Petitioners Not New & Does Not Support Proposed Contentions.Recommends Proposed Contentions Be Dismissed & Proceeding Terminated.With Certificate of Svc ML20198D2191998-12-21021 December 1998 Duke Energy Corp Response to New Info Submitted by Chattooga River Watershed Coalition in Support of Processed Contentions.* Petitioner Submittal of New Info Should Be Stricken for Procedural Reasons.With Certificate of Svc ML20197J9201998-12-14014 December 1998 Order (Requests by Staff & Applicant to File Responses). Motions of 981211 Re Applicant & Staff Request for Leave to Respond to Petitioner Filing of 981209 Granted.With Certificate of Svc.Served on 981214 ML20197J9441998-12-11011 December 1998 NRC Staff Motion for Leave to Respond to Petitioner Filing.* Staff Requests Leave from Board to Respond to Info.Staff Will File Response within 3 Days After Board Order Issued,If Board Grants Request.With Certificate of Svc ML20197K1131998-12-11011 December 1998 Duke Energy Corp Motion for Leave to Respond to New Info Submitted by Chattooga River Watershed Coalition.* Requests Leave to Respond to Petitioners New Info Based on Listed Grounds.With Certificate of Svc ML20196J9051998-12-0909 December 1998 Response of Duke Energy Corp to Licensing Board Order Requesting Info Concerning high-level Radioactive Waste Transportation Rulemaking.* Util Requests That Board Certify Question Immediately.With Certificate of Svc ML20197J8691998-12-0909 December 1998 Petitioners Response to ASLB Request for Addl Info & New Info for ASLB to Consider with Petitioners First Suppl Filing.* Response Filed on Behalf of Ws Lesan,B Clay, B Williams & Chattooga River Watershed Coalition ML20196E0091998-12-0202 December 1998 NRC Staff Response to Order Requesting Information.* in Staff View,Impacts of Transportation of HLW Not Appropriate Issue for Litigation in This Proceeding ML20196E0191998-11-30030 November 1998 Affidavit.* Affidavit of Dp Cleary in Response to Licensing Board Questions Re Environ Impacts of Transportation of High Level Waste.With Certificate of Svc ML20195G5621998-11-19019 November 1998 Order (Requesting Addl Info from Staff).* Based on Directives in SRM M970612,staff Should Furnish Listed Info by 981202.Applicant & Petitioners Have Until 981209 to File Response.With Certificate of Svc.Served on 981119 ML20195D5281998-11-16016 November 1998 Response of Duke Energy Corp to Supplemental Petition to Intervene Filed by Chattooga River Watershed Coalition & Nb Williams,Wb Clay & Ws Lesan.* Request for Hearing Should Be Denied for Reasons Stated.With Certificate of Svc ML20195C1601998-11-16016 November 1998 NRC Staff Response to Petitioner First Supplemental Filing.* Petitioners Failed to Submit Admissible Contention.Iaw 10CFR2.714,petition Should Be Denied & Petitioners Request for Stay Should Be Denied.With Certificate of Svc ML20155F5041998-10-30030 October 1998 Declaration of N Williams.* Declaration Expresses Concerns Re Duke Power Co Application for License Renewal for Oconee Nuclear Station,Units 1,2 & 3.Application Inadequate to Protect from Unacceptable Risk of Radiological Accidents ML20155F4951998-10-30030 October 1998 Declaration of Ws Lesan.* Declaration Expresses Concern Re Duke Power Co Application for Renewal of License for Oconee Nuclear Station,Units 1,2 & 3.Application Inadequate to Protect from Unacceptable Risk of Radiological Accidents ML20155F4791998-10-30030 October 1998 Petitioners First Supplemental Filing.* Petitioners Request That Chattooga River Watershed Coalition Be Admitted as Party to These Proceedings & That Contentions Be Admitted for Adjudication.Unsigned Declaration for Wb Clay Encl ML20154H0771998-10-0909 October 1998 NRC Staff Answer to Petition for Leave to Intervene Filed by N Williams,W Clay,Ws Lesan & Chattooga River Watershed Coalition.Petition Should Be Denied for Listed Reasons. with Certificate of Svc ML20154A9371998-10-0101 October 1998 Order (Ruling on Request for Extension of Time).* Motion for 30-day Extension to File Amended Petition to Intervene Denied.Petitioners Have Addl 11 Days Until 981030 to File Suppl to Petition.With Certificate of Svc.Served on 981002 ML20154A0401998-09-30030 September 1998 Response of Duke Energy Corp to Request for Enlargement of Time of Chattooga River Watershed Coalition & Messrs, N Williams,W Clay & Ws Lesan.* Petitioner Request Should Be Denied for Listed Reasons.With Certificate of Svc ML20153H4191998-09-29029 September 1998 NRC Staff Response to Motion for Enlargement of Time Filed by N Williams,W Clay,W Lesan & Chattooga River Watershed Coalition.* Petitioners Failed to Establish Sufficient Cause for Delaying Submission of Amends.With Certificate of Svc ML20153F3131998-09-25025 September 1998 Notice of Appearance.* Informs That ML Zobler,Rm Weisman & Je Moore Will Enter Appearances in Proceeding Re Duke Energy Corp.With Certificate of Svc ML20153H0801998-09-22022 September 1998 Comment on Draft NUREG-1633, Assessment of Use of Potassium (Ki) as Protective Action During Severe Reactor Accidents. Emergency Plan Calls for Evacuation of Population of EPZ in Timely Fashion to Prevent Exposure to Radiation from Oconee ML20151Z7051998-09-18018 September 1998 Memorandum & Order.* Applicant & Staff Shall File Respective Answers After Petitioners File Any Amend to Intervention Petition.Answers Shall Be Filed IAW Schedule as Submitted. with Certificate of Svc.Served on 980918 ML20151Z5681998-09-18018 September 1998 Notice of Reconstitution of Board.* Provides Notification of Reconstitution by Appointing P Cotter as Board Chairman in Place of T Moore in Duke Energy Corp Proceeding.With Certificate of Svc.Served on 980918 ML20151X9911998-09-16016 September 1998 Establishment of Atomic Safety & Licensing Board.* Board Being Established in Proceeding Re Application by DPC to Renew Operating Licenses for Units 1,2 & 3,per 10CFR54.With Certificate of Svc.Served on 980917 ML20210K7351997-08-18018 August 1997 Order Prohibiting Involvement in NRC-licensed Activities (Effective Immediately).Rj Nelson Prohibited for 1 Yr from Date of Order from Engaging in or Exercising Control Over Individuals Engaged in NRC-licensed Activities TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20044G7371993-05-25025 May 1993 Comment on Proposed Rules 10CFR170 & 171, FY91 & 92 Proposed Rule Implementing Us Court of Appeals Decision & Rev of Fee Schedules;100% Fee Recovery,FY93. Opposes Rule ML20101R5931992-07-0606 July 1992 Comment on Proposed Rule 10CFR50 Re Loss of All Alternating Current Power & Draft Reg Guide 1.9,task DG-1021.Opposes Rule ML20070E6291991-02-28028 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Regulations to Upgrade Design Basis Threat for Radiological Sabotage of Nuclear Reactors ML20147F3231988-03-0303 March 1988 Order Imposing Civil Monetary Penalty in Amount of $100,000 within 30 Days of Order Date ML20215D6741987-06-12012 June 1987 Suppl 4 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.Ucs Reply to Responses from NRC & B&W Owners Group.* Certificate of Svc Encl ML20214F4411987-04-24024 April 1987 Endorsements 35 & 36 to Maelu Policy MF-101 & Endorsements 43 & 44 Nelia Policy NF-248 ML20210C4191987-04-0606 April 1987 Principal Response of B&W Owners Group to Petition Filed Under 10CFR2.206 by Ucs.* Petition Should Be Denied ML20205F2911987-03-23023 March 1987 Suppl 3 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.* Requests That Listed Names Be Added to List in Paragraph 1 of 870210 Petition ML20210C2691987-03-0606 March 1987 Initial Response of B&W Owners Group to Petition Filed Under 10CFR2.206 by Ucs.* Request for Immediate Suspension Should Be Summarily Denied.W/Certificate of Svc ML20211F5091987-02-20020 February 1987 Suppl 2 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.* Lists Names to Be Added to 870210 Petition & Corrects Address for Save Our State from Radwaste ML20210N4861987-02-10010 February 1987 Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W Co.* OLs & CPs for Facilities Should Be Suspended Until Listed NRC Actions Taken ML20203N3261986-09-19019 September 1986 Order Imposing Civil Monetary Penalty in Amount of $50,000 DD-85-19, Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 8602201986-02-19019 February 1986 Order Extending Time Until 860303 for Commission to Review Director'S Decision DD-85-19.Served on 860220 ML20137L5911985-09-10010 September 1985 Response Opposing Jf Doherty 850611 Petition for Show Cause Order Requesting NRC to Institute Consolidated Proceeding Per 10CFR2.202.Certificate of Svc Encl ML20133P9591985-07-26026 July 1985 Unexecuted Amend 8 to Indemnity Agreement B-83,modifying Definition of Radioactive Matl as Listed 1999-09-20
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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.
0 &f
, 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
)