ML20023C038

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Discusses 830502 Telcon Re Recording of Applicant & Palmetto Alliance Depositions on Contentions 27,16,8,44,6 & 7.Draft Stipulation Encl
ML20023C038
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 05/05/1983
From: Mcgarry J
DEBEVOISE & LIBERMAN
To: Guild R
GUILD, R.
References
NUDOCS 8305090511
Download: ML20023C038 (7)


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e e LAW OFFICCS Or DEBEVOIS E & LIBERM AN 8200 S CVENTCCNTM $7 ACCT,N W WAS HINGTO N. D. C 2 003 6 TCLCPNONC (202) S$7* 9800

. c., , f ~T Robert Guild, Esq. 33 C"-6 iU i 3044 "O" Street, N.W.

Washington, D.C.

Dear Bob:

In our telephone conversation of Monday, May 2, 1983, we discussed four items: first, depositions of Duke employees by Palmetto Alliance; second, depositions of Palmetto Alliance

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by Duke; third, a stipulation as to the method of taking and use of depositions by Palmetto Alliance; and, fourth, our Motion to Compel.

With regard to the first item, the Monday telephone con-versation served as the first time you gave any indication of persons you wished to depose. You did not identify any specif'ic individuals, rather, you requested that Duke identify and make available the single person who is most knowledgeable with respect to Contentions 7, 8, 16, 27 and 44. You also requested that Duke make available all Catawba construction /

quality assurance employees identified in interrogatory respon-ses 23 and 25 to Contention 6 (a number probably in excess of 60 individuals). In our conversation we agreed to use our best efforts to accommodate your request. We noted that any single individual that we identify may not possess the total indepth knowledge of the subject matter and on occasions may respond with an "I don't know" answer. You recognized this possibility but indicated your desire to have a single individual on each contention. We have pursued the matter and set froth below the following names together with the schedule for the taking of their deposition:

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j Wednesday, May 11, 1983, a.m. - M. Birch j (Contention 27) i 1

Wednesday, May 11, 1983, p.m. - M. Green f L. Snow I

(Contention 16)l/ '

l Thursday, May 12, 1983, a.m. - B. Graves (Contention 8) j Thursday, May 12, 1983, p.m. - Westinghouse

(Contention 44)

Monday, May 16, 1983, a.m. - G. Grier (Contention 6)

Monday, May 16, 1983, p.m. - G. Vaughn j (Contention 7) ,

. Tuesday, May 17 thru Friday,

May 20, 1983 - Catawba construction / quality assurance employees identified

. in interrogatory responses.2/

, As we discussed, the Commission's rules, 10 CFR 52.740a(h) l provid,e for the payment of fees to a deponent. The fee, which i

is the same as that furnished in District Courts of the United States is $30.00 per day and 25 cents per mile. Such fee should be provided each' Duke deponent. ,

i With respect to our depositions of Palmetto Alliance, l Notices of Deposition, as required by 10 CFR S2.740a(a), were served yesterday, May 4, 1983. We will provide the appropri-ate fee for such depositions.

With respect to the stipulation, we are attaching to this  !

letter a draft which we prepared Tuesday and which is consistent  ;

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-1/ Contention 16 involves distinct disciplines and thus it is necessary to provide two individuals who will sit as a panel for the deposition.

i 2/ The depositions of the Catawba construction / quality assur-ance employees identified in interrogatory responses will be taken at a location to b( determined; all other deposi-tions will be taken at the Main Office of' Duke Power Company in Charlotte, North Carolina. Call A.V. Carr (704-373-2570) for specifics.

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3-with our telephone conversation. In essence, the stipulation provides for you to use other than stenographic means to take the depositions of Duke Power Company personnel (tape recorder);

for you to provide a copy of the tape to the Licensing Board; that Applicants will have their own court reporter transcrib-ing the deposition for Applicants use; that in the event you wish to use the deposition as evidence you will timely notify Applicants, transcribe the tape recording, provide the depon-ent an opportunity to read the transcription and make any cor-rections and thereafter serve the corrected transcription to the Licensing Board.

With respect to the Motion to Compel, we discussed the four categories of error that we ascribe to your supplementary responses to interrogatories. Inasmuch as you had only received a copy that day our discussion of these points was not extended. As we left the matter, you would read our Motion and get back to us.

In conclusion, we understand that you will contact us tomorrow, Friday, May 6, 1983, at 2:00 p.m., to discuss further your taking of Duke employees depositions.

Very truly yours, J. Michael McGarry, III cc: Board and Parties with attachment O

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

DUKE POWER OOMPANY, et "-" ---al. ) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

STIPULATION AS TO METHOD OF TAKING AND USE OF DEPOSITIONS Pursuant to the Board's observation with respect to depositions by non-stenographic means (Memorandum and Order of February 2, 1983 at p. 12) Duke Power Company, et al.

(Applicants) and Palmetto Alliance (the Parties) hereby reach the following agreement with respect to the manner and method by which Palmetto Alliance will proceed with the taking of depositions from certain of Applicants' employees in this proceeding.

1. The Parties agree that Palmetto Alliance may record the deposition of certain of Applicants' employees by use of a tape recorder. Palmetto Alliance will lodge the original tape recording with the presiding Atomic Safety and Licensing Board.
2. The Parties understand that Palmetto Alliance ,

desires to take the referenced depositions for discovery purposes only. Therefore, the Parties agree that Palmetto

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Alliance is not obligated to furnish a transcript of such depositions either to Applicants or to the presiding Atomic Safety and Licensing Board.

3. Notwithstanding the foregoing paragraph 2, the Parties agree that, should Palmetto Alliance desire to use any deposition, or part thereof, of any employee of Applicants for any evidentiary purpose in this proceeding, the following steps will apply:

(a) Palmetto Alliance will provide Applicants with timely notice of its intent to use any such depositions (but in no event later than 45 days

- prior to the scheduled commencement of hearings in this proceeding);

(b) Prior to the notice in paragraph (a) above, Palmetto Alliance will cause to be transcribed, at its sole expense, the relevant deposition in its entirety; (c) At the time of the notice in paragraph (a),

above, Palmetto Alliance will forward such transcription to counsel for Applicants; (d) Counsel for Applicants will forward such transcription to the deponent. The deponent will review the transcript and, after making any necessary changes, will certify that the transcription is a true and correct copy of his or her deposition; (e) Palmetto Alliance will serve, at its sole expense, copies of the deposition on the Board and all parties to this proceeding.

The Parties agree that, unless Palmetto Alliance complies with (a)-(c) above, Palmetto Alliance will be barred from using any or all of any depositions for any evidentiary purpose in this proceeding.

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4. The Parties agree that Applicants will have present at each deposition of its employees taken by Palmetto Alliance a certified Court Reporter, who will swear the deponent and transcribe the deposition.

Applicants agree that they will bear the entire cost of such court reporter. Palmetto Alliance understands and agrees that, if it desires any or all of any such deposition transcribed by the court reporter, it will make arrangements to obtain such directly from the court reporter. Palmetto Alliance specifically waives any right Which it may otherwise have to request, under applicable discovery regulations of the NRC, a copy of any or all of any part of any deposition transcribed at Applicants' expense.

5. The Parties agree that, should there be a conflict between any or all of any deposition recorded by Palmetto Alliance, Whether or not transcribed by Palmetto Alliance, and any or all of any deposition transcribed by the court reporter, the version transcribed by the court reporter shall control.

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6. The Parties agree that, upon its execution, this Stipulation shall be submitted promptly to the Licensing Board with a joint motion urging its adoption by the Board.

DUKE POWER COMPANY PALMETTO ALLIANCE 4

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