ML20072H566

Discusses Palmetto Alliance Notices of Depositions.Some Individuals Unavailable on Dates Proposed.Related Correspondence

ML20072H566
Person / Time
Site:	Catawba
Issue date:	06/23/1983
From:	Raymond Gibson DUKE POWER CO.
To:	Guild R GUILD, R., PALMETTO ALLIANCE
References
NUDOCS 8306290540
Download: ML20072H566 (2)

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ItEf,ATED conimsPONDENCH DUKE POWER GOMPANY LEGAL DEPARTMENT R O. Box 03189

, CHARLOTTE, N. G. 2a242 sownto L.oissoN  ? pf rpoep 3pJ peso

.tvo==c, 'e, June 23, 1983 k ~

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DOCl27f;g7, g 3 h ddN 2 7I& i Mr. Robert Guild PROD. & UTIL F5.. . bd' ' * "* ' ,b ow 4/ /

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Palmetto Alliance 2135 1/2 Devine Street Columbia, South Carolina 29205 50-q/4 4.'(.f...*-

Dear Mr. Guild:

We have received your notices of depositions for June 27 through July 1. We have checked with each person concerning their availability and have identified some conflicts that must be resolved. I am also setting forth several other matters for your consideration prior to the depositions.

1. Mr. Lee is not available for a deposition on July 1.

He is available on July 6 and July 12. Please let me know as soon as possible which of these dates you prefer.

2. James Grogan is attending the Public Utility Executive Program for utility managers in Detroit, Michigan. This seminar runs from June 19 through July 15. Mr. Grogan was planning to come home for the fourth of July weekend and can come home a day early to be available on July 1.

If you insist that Mr. Grogan come at another time, the expenses must be borne by Palmetto Alliance. An alternative you might consider is that Mr. Grogan's assistant, David Abernathy, has werked with Mr. Grogan on all personnel matters and is probably as knowledgeable as Mr; Grogan.

Mr. Abernathy can be available on June 28. Please let me hear from you as soon as possible so that necessary arrange-ments can be made.

3. The notices for G. W. Grier and J. R. Wells indicate that both are scheduled at the same time. We assume that you want to depose them as a panel, and that this is not a clerical error. Mr. Grier has a' conflict that he can reschedule if you do not'want both of them at the same time. As you know, Mr. Wells is currently on assignment at INPO in Atlanta. Mr. Wells has agreed to appear for his deposition, and the travel expenses must be borne by Palmetto Alliance.

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Mr. Robert Guild Juna 23, 1983 I Page two l 4.

All of the other persons for whom we have received a notice 1 will be available at the time listed. However, l be unable to complete the depositions according to theshould you '

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schedule you propose, we cannot assure you that each person will be available the day following the scheduled time. We will make every effort to make them available, but most of

'these changedpersons have on short other obligations that simply cannot be notice. We will attempt to cooperate with you if the need arises for rescheduling.

5.

The notices state that the deposition will relate to

" Contention 6, particularly to your. knowledge relating to quality assurance and control in welding at Catawba", and that,the deponent is " required to bring... any and all documents in your possession or subject to your control reflecting your knowledge of the above-described matters upon which you will be examined". The Board's June 13, 1983 Order denying Palmetto's motion for additional discovery indicated that discovery closed on Contention 6 on May 20, 1983, (p.1), and that Palmetto may take depositions of employees "who may have knowledge relating to quality assurance and control in welding at Catawba" (p.6-7).

The June 20, 1983 Board Order ruling on Applicants' Motion for Sanctions reinterated that Palmetto was "to take depositions concerning quality assurance in welding", (p.6) and narrowed Contention 6, (p-6-9).

Applicants will limit the deposition testimony of employees to the areas indicated by the Board.

In addition, Applicants will make the discovery documents on Contention depositions. 6 available for use during and as a part of the general reviewThese documentsiswill since discovery nownot be available for closed.

I look forward to hearing from you.

Sincerely yours, q -

Ronald L. Gibson RLG:dm cc: Service List I

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