ML19322C022
| ML19322C022 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, McGuire  |
| Issue date: | 11/27/1972 |
| From: | Bennett W K, Farmakides J, Tubridy J Atomic Safety and Licensing Board Panel |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 7912200738 | |
| Download: ML19322C022 (9) | |
Text
.
[-
},.
IA.
.4.
3
.'MT/r UNITED STATES OF AMERICA t h,. y.[9 ATOMIC ENERGY COMMISSION
\\
.,, ~\\ o' I"
'u
}
Docket Nos. 50-269A DUKE POWER COMPANY
)
5 I
50-3G9A (Oconee Units 1, 2, and 3;
)
S0-370A McGuire Units 1 and 2)
)
PREHEARING ORDER NUMBER TWO OF ATOMIC SAFETY & LICENSING BOARD A second prehearing conference was held before this Board, pursuant to Notice dated November 3, 1972, on November 17, 1972 at Washington, D. C.
Counsel for all parties were present and the following action is taken:
A.
DISCOVERY 1.
In view of the representations by counsel for long periods of time desired for completion of discovery IT IS ORDERED THAT each of the parties shall report, bi-monthly, to the Board, the number of documents that have been produced, the number of responses to requests that have been completed, and the number of requests remaining to be com-pleted, commencing Decer.ber 15, 1972.
Is i
L l
l
.?9122ooygg i
1 B.
APPLICANTS OBJECTIONS AND MOTIONS TO LIMIT JOINT REQUEST FOR DOCUMEN2 PRODUCTION AND FOR PROTECTIVE ORDERS 2.
By motion dated Octobdr :12, 1972, answered by
. the Department of Justice on October 25,,1972, and, by permission, -replied to by applicant on November 10, 1972; applicant sought relief from specified' portions of the Joint Document Request filed September 6, 1972 by the Justice Department and the intervenors.
After hearing, extensive argument and endeavoring to secure agreement of the parties, the.following disposition is made of said joint requests which for convenience are listed under the headings adopted by applicant in its motion:
(a)
"1.
Applicant's Filing System"
. Joint Request #2 is limited to the produc-tion of a document showing the present
' method of filing documents -
(b)
"2.
Applicant's Political Activity" Applicant's objection to joint requests number 4 (f), 4(h) and 4 (1) ; 6 ( f),' 3), 6(i)
I and',6 (p) ; IS, 37 and 38 are sust.nsd l
l l
h a
~
~
. ability to secure a competing source at wholesale.
(f)
"6.
Statements Concerning Regulatory Jurisdiction" Applicant's objections to joint r.clest 30 is sustained.
(g)
"7.
Income Tax Returns" Applicant's objections to joint reques t 31 is moot because such request was withdrawn.
(h)
"8.
Pending Proceedings Be fore F. P.C_.,"
Applicant's objection to joint reques'. 6(p) and 37 are sustained without prejudice to a renewal thereof on the showing of pre-i requisites required by law.
C.
APPLICANT 'S MOTION FOR EXTENSICN OF TIME FOR FILING MOTION TO COMPEL RESPONSE TO APPLI_IlM;T 'Q DISCOVERY REQUEST 3.
Applicant's motion to extend for thirty daya its time to compel a response to its discovery request was consented to by joint intervenorn, and is approved.
i e
A
. 1 D.
OBJECTIONS OF INTERVENORS TO DOCUMENT REQUESTS AND INTERROGATORIES OF APPLICANT 4.
By' motion dated October 2, 1972, Intervenor's i
moved to quash or modify document requests and inter-rogatories served by applicant on September 13, 1972; applicant responded on October 31, 1972.
After hearing extensive argument and endeavoring to secure agreement of the parties, the following disposition is made of said motion which for convenience is dealt with corresponding to the Roman numerals used by intervenors.
(a)
"I" and II [ Data Relating to Other Services } "
This request is contained in paragraphs 14(a)
(b) and (c),15, 72 and 73 of applicant's 1
demand.
The objections are sustained except j
as to par 14 (c).
(b)
"III [ Data Relating to EPIC]"
The request is contained in paragraphs 59(a) and 76(b) of applicant's demand.
The objec-tions are sustained except as to data contained in intervenors files on the dato of the der _ad.
4
. (c)
"IV [ Accounting Data] "'
Action on this objection was deferred pending further attempts to stipulate.
If the parties fail to stipulate, the matter will be considered at the February-Prehear-ing Conference.
(d)
"V [ Ordnances and Statutes]"
The parties agreed to accept copies of the statutes, ordnances,and municipal bond issues as compliance.
E.
THIRD PREHEARING CONFERENCE 5.
A third prehearing conference will be held on February 15, 1973 at a local time and place to be designated by notice.
Effort will be made by the parties meantime to find means to expedite the dis-covery and to reduce the specified issues heretofore agreed to.
The conference will consider the reports of the parties regarding such efforts, the reports submitted under paragraph A above, and will' take l
such action as may sae:' advisable under the Commis-i sion Rules including delineation of issues and the fixing'of a trial date.
~. -
P.
MISCELLANEOUS 6.
This order may be resottled by the partier, within 5 days af ter service or therca" tor it :3a ' b-amended by the Board or on application of ~ any of ' hc-parties for good cause shown.
TIIE ATOMIC SAFETY MD LICENS l!!C BOARD 7
/
/
g"*
f 'f y;;,,..., J.",_.
Jgnn B.
carmar.1cca, Mcabur
/
a'
/
I.,'Ls,$!.b $_
/
i<.~
A.,
/ Joseph F.
Tubridy, Member
/
/
, / ')
/
ct- }'y,/.//', t. )...,. r (./
3 Walter W.
K.
Dennett, Cha t :.. n.
1ssued at Washington, D.
C.
titic ' 27th day of November, 1972 l
) -.
I
_.4 4 -:,
gm >
UIITED STATES OF RERICA ATOMIC E*iERGY COD 1ISSICII In the Motter of DUEE PO'iER COMPMiY
)
Docket Hom M M9A 270A, (Oconee Iluelcar Stations thitc
)
267, 309A, cnd 1, 2 and 3; end
)
370A McGuire Stntion Lhits 1 cnd 2)
)
i CERTIFICATE OF SERVICE I herchy certify that copics of PREHF1, RING ORDER In iEER ZTO... dated I?ovember 27, 1972 in the ecptioned entter have been cerved on the following by deposit in the LSited States nnil, first elecc or nir nnil, this 27th day of IIovember 1972:
Walter U. K. Bennett, Esq., Chairmen Wil11cm L. Porter, Ecq.
Atomic Safety and Licensing I'onrd Duke P:raer Compcny P. O. Box 185 P. O. Lox 2178 Finchurat, north Cnrolins 23374 h22 South Church Street Charlotte, Iierth Carolina 28201 John E. Formnkidoc, Esq.
Atomic Unfety and Licensing Fonrd Carl Horn, Jr., Esq., Vice U. S. Atomic Enercy Comission Precident end General Ccur.ccl Ucchington, D. C. 20545 Duke Power Co peny P. O. Box 2178' Mr. Joceph F. Tubridy Charlotte, North Carolina 28201 h103 Cathedral Avenue, H. V.
Washington, D. C. 20016
~Roy B. Sncpp, Ecq.
Ecchhoefer, Snapp & Trippe Willic= U. Ross, Esq.
Suite 512 Keith S. Untcon, Esq.
1725 K Street, I;. U.
Vald, Harkrodcr, Hicholson Wachington, D. C. 20006 and Rocs j
1320 Hincteenth Street, N. W.
Joceph Rutherg, Esq.
\\
Wcchington, D. C. 20036 Regulator'/ Stoff Counsel i.
U. S. Atomic Energy Cor: mission William H. Grieg, Esq., Vice Washington, D. C. 20545 President and Cencral Counsel Duke Power Company Mr. Abrahem Braitman, Chief P. O. Box 2178 Office of. Antitrust end Inde nity h22 South Church Street Directorate of Licensing Charlotte, North Carolina 28201 U. S. Atomic _ Encrcy Comission Unshington, D. C. 20545 i
l
1 50-269A'et al.-
pace 2 Een jenin H.' Volger, Esq.
J. A. Ecubicht, Jr., Esq.
Acsictent. Antitrust Councel J. O. Tnlly, Jr., Esq.
Regulntory Staff Tally, Tally nnd Bouhnicht U. S. Atomic Energy Co. mission Home Federal Buildinc; Ucchington, D. C. 20545 P. O. Draver 1660 Fnyctteville, Iiorth Cnrolina 28302 Eonorable Thomac E. Kcuper Ansictont Attorney General Yallace E. Brend, Ecq.
Antitrust Division U. S. Departuent of Juctico U. S. Department of Justice P. O. Box 7513 Ucchington, D. C. 20530 Unchington, D. C. 200hh Jonoph J. Snunders, Ecq., Chief Villica T. Clnbault, Esq.
Public Couneel and Leciclotive David A. Leckie, Ecq.
Seetion Antitrust Division Antitruct Division P. O. Lox 7513 U. S. Department of Justice.
Ucchington, D. C. 200kh Unshinrton, D. C. 20530 Information copies to:
Attorney General, State of Public Li'crary of Charlotte Ucrth Carolina cnd !!ceklenburg County Rolcich, North Ccrolina 27601 310 North Tryon Street Charlotte, North Carolina-23202 1.ttorney Genercl, State of South Caroline I:ics Louise Marcum,-Librerinn 1
Columbin, i'outh Ccrolina 20201 Oconee County Library 301 South Spring Street Mr. H. U. Oetincer Wn1hnlle, South Ccrolina 29691 2420 Roccuell Avenue, Apt. 503 Chrrlotte, Uorth Carolina 28209 Y
/r4*
l [k %
e:
Office of.the Secretory of the/Commiccion
/'/
cc: - fir. Bennett '
Mr. Butberg Mr. Braitmen ASIZP Reg. Filec;
.