ML19317E795

Applicant'S Motion to Amend 730615 Board Order,Suspending 730720 Filing Date for Certain Discovery Requests. Certificate of Svc Encl

ML19317E795
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	07/10/1973
From:	Avery G DUKE POWER CO., WALD, HARKRADER & ROSS
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 7912180982
Download: ML19317E795 (5)

Text

~

F s \ --

T ', i -

UNITED STATES OF A*! ERICA ATOMIC ENERGY COMMISSION In the Matter of )

) Docket Nos. 50-269A, 50-270A DUKE POWER COMPANY ) 5'OTZ8-/A , 50-369A (Oconee Units 1, 2& 3 ) 50-370A McGuire Units 1& 2) )

APPLICANT'S MOTION TO AMEND PARAGRAPH (1) OF BOARD ORDER OF JUNE 15, 1973 Duke Power Company (Applicant) hereby moves that the Board amend Paragraph (1) of its Order of June 15, 1973, by suspending the date established therein for the filing of certain second-round discovery requests. The Order sets July 20, 1973, as the date by which such requests are to be filed. That date was based on the premise that Applicant would complete review and production of documents sought by the Joint Document Request on or before June 15, 1973. As the Board knows from reports filed with it by Applicant, Applicant was unable to complete production by that date.

While almost all documents have now been furnished, some items, such as a list of legally privileged documents are still in process.

F9121809)>2

w This fact poses difficulties both for Applicant and for the other parties. Applicant had assigned almost all of its available resources to completion of documentary production and has been unable until recently to undertake the steps necessary to prepare its own second-round discovery request. The other parties have received large amounts of documentary material, some of it coming into their hands at a later date than had been expected. In view of these facts, it seems clear that adequate preparation for hearing requires some additional time beyond July 20 for preparation of second-round discovery requests.

Applicant does not, in this motion, suggest an alternative date. The Board has scheduled a prehearing conference for July 24. Applicant respectfully suggests that this prehearing conference provides an excellent opportunity for the' Board to discuss with the parties the rescheduling of this specific date and the dates for the completion of other procedural steps prior to hearing.

Accordingly, what we seek now is the suspension of the

' July 20 date until the parties have had an opportunity to meet with_-the Board and discuss further scheduling._

e

Applicant has discussed this motion with the other parties to this proceeding. Intervenors and the Staff support this motion. The Department of Justice does not join in this motion but has indicated that it will not object to a grant of the action sought herein.

Respectfully submitted, M( _cy . N#^

G{orge A. Avery

@%d, . O t _^,

Toni K. Golded

' ' -1 Thomas W. Brunner Attorneys for Duke Power Company WALD, HARKRADER & ROSS 1320 Nineteenth Street, N. W.

Washington, D. C. 20036 July 10, 1973

William T. Clabault, Esquire J.A. Bouknigh t, Jr., Esquire David A. Leckie, Esquire David F. Stover, Esquire Antitrust Public Counsel Section Tally, Tally & Bouknight Department of Jus tice Suite 311 P. O. Box 7513 429 N Street, S.W.

Washington, D. C. 20044 Washington, D. C. 20024 Wallace-E .-B rand ,-Esqui-re-- - - - - - - - - - - - - - ---- -

Antitrus t Public Counsel Section Department of Justice P. O. Box 7513 Washington, D. C. 20044 Wald , H '- ader & P ss By: MA7 -

= Pe _

g (

Attorneys for Duke Power Co &eany 1320 Nineteenth Street, N. W.

Washington, D. C. 20036 e

f l

i 1

A -

s ,

UNITED STATES OF AMERICA ATOMIC ENERCY COMMISSION

-In the Matter of )

) Docket Nos. 50-269A, 50-270A DUKE POWER COMPANY ) 50-287A, 50-369A (Oconee Units 1, 2& 3) 50-370 A McGuire Lnits 1 & 2)

_ .. _ _._.cg g77 ggg73 .g g. ggg...cg y._ __ _ _ . _ _ _ . _ _ _ _ . _

I hereby certify that copies of APPLICANT'S MOTION TO AMEND PARAGRAPH (1) OF BOARD ORDER OF JUNE 15, 1973, dated July 10, 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 lo th day of July , 19 73 :

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. Avenue, N.W.

Washington, D. C. 20006 John B. Farmakides, Esquire Atomic Safety and Joseph Rutberg, Esquire Licensing Board Panel Benjamin H. Vogler, Esquire Atomic Energy . Commission Antitrus t 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 Commission Antitrus t Matters Washington, D. C. 20545 Office of Antitrus t and Indemnity Joseph Saunders, Esquire Atomic Energy Commission Antitrust Division Washington, D. C. 20545 Department of Jus tice Washington, D. C. 20530