ML19344A660

Motion for Extension Until 800821 to Respond to Sc Electric & Gas 800813 Request for Protective Order Prohibiting Use of Certain Documents to Establish Inconsistencies.Urges Expedited Consideration.Certificate of Svc & Exhibit Encl

ML19344A660
Person / Time
Site:	Summer
Issue date:	08/18/1980
From:	Brand W, Roberts C BRAND & HALL, CENTRAL ELECTRIC POWER COOPERATIVE, INC., DIAL, JENNINGS, WINDHAM, THOMAS & ROBERTS
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-A, NUDOCS 8008210414
Download: ML19344A660 (6)

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. y 4 5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f. U003...

c - 4 AUG ~131960 r } ,

C!S 3of 68St~ M

• In the Matter of ) g,c;gg s cend

) c, Branch South Carolina Electric & ) .f Gas Company ) 4' 4

)

and ) Docket No. 50-395A

)

South Carolina Public )

Service Authority )

(Virgil C. Summer Nuclear )

Station Unit No. 1) )

MOTION OF CENTRAL ELECTRIC POWER COOPERATIVE, INC. FOR AN EXTENSION OF TIME, FOR EXPEDITED CONSIDERATION, AND FOR OTHER RELIEF The Commission has recently granted Central Electric Power Cooperative's request for an extension of time for Central to enter its comments in the above-cap-tioned docket. In its request Central had noted its intention to use internal documents from the files of South Carolina Electric and Gas Company and Carolina Power & Light Company to establish inconsistencies between these documents and affidavits of high officials of u e Applicants which have been submitted to the Commission under oath.

The documents proposed to be submitted were initally obtained for inspection and subsequent copying several months ago. At the time they were made available, I no general request for confidentiality had been made, although specific requests--that is to say, requests for i

/M T. $the<4 i g ,9 J . S h 4 ,, - /

89RenoLl(y . .

confidentiality of specific documents, if made, were ordinarily agreed to without tE. need to burden the court.

On August 13, 1980 South Carolina Electric & Gas moved the Federal District Court in Greensboro for a protec-tive order prohibiting the documents obtained in that proceeding from being utilized for the purposes of this case. See Exhibit No. I hereto.

Central believes that the Greensboro Court will probably reject the request or find it is moot, since on August 8th, Central informally provided all of the documents it intends to rely on in its comments in this proceeding to 4 a representative of the Un'ited States Department of Justice for its use in submitting.its own comments in this proceeding as requested by this Ccmmission.

Before the Greensboro court acts, however," it would be inappropriate for Central to file the same documents with this Commission, or to refer to them as had been intended. Central therefore requests that the Commission extend Central's time for response until after the Greensboro court has acted, or in the alternative require that SCE&G proc ne (pro forma) the same documents to Central in this

. case as it'has produced in the antitrust proceeding pending in the Greensboro court. ,

Central would need 10 business days after either of those alternatives to complete its comments.

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_. _. J

Central's tire for comment expires on August, 25th. Therefore Central asks that time for response to this motion be limited to close of business Thursday, August 21st so that the Commission can act on Friday, August 22nd, and if the Commission chocres to do so, Central will be able over Saturday and Sunday August 23rd and 24th to refashion its comments to exclude the materials referred to if required by the Commission's action.

~-

This motion will be served by hand on Monday, this 4 18th day of August, 1980 to Washington, D.C. counsel for applicants and deposited in the mail the same day for service to others. -

Respectfully submitted, CENTRAL ELECTRIC POWER COOPERATIVE, INC.

By h e -

Wallace E. Brand BRAND & HALL 1523 L Street, N.W.

Suite 200 Washington, D.C. 20005 Telephone: (202) 347-7002 By C. Pinckney Roberts DIAL, JENNINGS, WINDHAM, THOMAS

& ROBERTS P.O. Box 1792 Columbia, South Carolina 29202 Attorneys for Central Electric Power Cooperative, Inc.

August' 18, 1980

, _ _ . _ _ . . c_..__ .. ,

i g

CERTIFICATE OF SERVICE E

E.' Brand, hereby certify that I have (

I, Wallace P served a copy of.the foregoing Motion of Central Electric >

l Power Cooperative, Inc. For an Extension of Time, For j Expedited Consideration, and For Other Relief on the persons ';

listed below by hand delivering copies to Troy B. Conner, Esquire, Robert M. Rader, Esquire and Hugh P. Morrison, Esquire and by depositing a copy thereof, postage prepaid in 1 80.

the United States mail this 18th day of August, hWallace E.~5J _w Y r' Bran.d

~! i

.Mr. W. C. Mescher, President j Wallace E. Murphy, Esquire  :

South Carolina Public

• Service Authority ,

223 N. Line Oak Drive  !

Moncks Corner, S.C. 29461 - ,

U.S. Nuclear Regulatory Commission l Office of the Secretary Attn: Docketing and Service Branch Washington, D.C. 20555 "

i i

Troy B.-Conner, Jr., Esquire Robert M. Rader, Esquire Conner, Moore and Corber .

1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D.C. 20555 Mr. P. T. Allen Executive V.P. and General Mgr.

Central Electric Power Cooperative, Inc.

P.O. Box 1455 Columbia, South Carolina 29202 C. Pinckney Roberts, Esquire, Dial, Jennings, Windham, Thomas &

Roberts P.O.-Box 1792 Columbia, South Carolina 29202 Edward C. Roberts, Esquire South Carolina Electric & Gas Company P.O. Box 764 Columbia, South Carolina 29202

_,o , __ _ _ _ _

(Service List Continued)

Fredric D. Chanania, Esquire Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joseph Rutberg, Esquire Antitrust Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Jerome D. Salzman, Chief

~

Antitrust and Indemnity Group Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Donald Kaplan, Esquire Robert Fabrikant, Esquire Department of Justice P.O. Box 14141 Washington, D.C. 20044 Nancy Luque, Esquire Department of Justice -

P.O. Box 14141 Washington, D.C. 20044 Hugh P. Morrison, Jr., Esquire Charles S. Leeper , Esc,uire Cahill, Gordon & Reinc el 1990 K Street, N.W., Suite 650 I

Washington,. D.C. 20006 e

e f

.-: cAnwii # 1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA GREENSBORO DIVISION NORTH CAROLINA ELECTRIC' MEMBERSHIP )

CORPORATION, . _e t _a l . , )

Plaintiffs, )

) Civil Action No.

v. ) C-77-396G

)

CAROLINA POWER & LIGHT COMPANY, )

e _t a _l . ,

) .

)

. Defendants. )

DEFENDANT SOUTH CAROLINA ELECTRIC & GAS COMPANY MOTION FOR A PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, South Carolina Electric & Gas Company ("SCE&G") moves this court to enter a Protective Order prohibiting all* Plaintiffs, their officers, employees, agents, or representatives, including counsel, from using the discovery obtained in this lawsuit from SCE&G in any other proceeding. .

This the fi ' day o'f August, 1980.

N N James T. Williams, Jr. \s)

Reid L. Phillips BROOKS, PIERCE, MCLENDON, HUMPHREY & LEONARD Suite 1400 Wachovia Bank Building Post Office Drawer U l'"

Greensboro, North Carolina 27402 Telephone: (919) 373-8850 Attorneys for Defendant South Carolina Electric & Gas Company

• OF COUNSEL:

4

' Robert S. Medvecky John D. McGrane REID & PRIEST

.1111 19th Street, N.W.

Washington,-D. C. 20036 Telephone: (202) 828-0100 4

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