ML20087P406

Motion for Protective Order Re Further Response to Palmetto Alliance & Carolina Environ Study Group Interrogatories & Requests to Produce Documents on Contentions.W/Certificate of Svc.Related Correspondence

ML20087P406
Person / Time
Site:	Catawba
Issue date:	04/04/1984
From:	Carr A DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20087P402	List: ML20087P401 ML20087P406
References
NUDOCS 8404060401
Download: ML20087P406 (4)

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w . .nWLY$b?A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g APR ~S BEFORE THE ATOMIC SAFETY AND LICENSING BOARD #03 l Ttf W th;.

In the Matter of ) 3R cf %.

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DUKE POWER COMPANY, et al. ) Docket No. 50-413

) 50-414 (Catawba Nuclear Station )

Units 1 and 2) )

APPLICANTS' MOTION FOR PROTECTIVE ORDER Duke Power Company, et al. (Applicants), pursuant to 10 CFR 2.70 (c),

request the Atomic Safety and Licensing Board to issue an order to protect Applicants from being required to respond further to " Palmetto Alliance and Carolina Environmental Study Group's Interrogatories and Requests To Produce Documents on Diesel Generator Contentions to Applicants and NRC Staff" and "CESG's Interrogatories to Duke Power Regarding Emergency Diesel Contentions Admitted by Atomic Safety and Licensing Board", filed March 19, 1984.

Applicants have responded to the referenced Interrogatories by providing all information, not otherwise privileged or objectionable, relevant to the subject matter of Intervenors' contention regarding the Catawba diesel gen-erator crankshaft and the Board's diesel generator contention. Intervenors' Interrogatories, however, are overly broad and seek, in numerous instances, information which either is privileged or is not relevant to the subject matter of the contentions. Applicants have set out in their Rasponse to Intervenors' Interrogatories their objections to specific interrogatories and the grounds therefore, and incorporate such herein by reference.

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On the grounds set forth in their objections, Applicants move this Licensing Board to issue an order which will protect them from being required to provide information in response to Intervenors' Interrogatories beyond that already furnished. For Applicants to provide such information would require them to divulge information which either is privileged or is not relevant to the subject matter of the contention. In any case, to pro-duce such information would subject Applicants to annoyance, embarrassment, oppression, undue burden or expense.

Therefore, for the reasons set forth above, Applicants request this Licensing Board to issue an order which protects Applicants from providing any information beyond that already provided in Applicants' April 2 Responses.

Respectfully submitted, Albert V. Ca Jr.

DUKE POWER COMPANY P. O. Box 33189 Charlotte, North Carolina 28242 (704) 373-2570 J. Michael McGarry, III Michael D. White BISHOP, LIBERMAN, COOK, PURCELL

& REYNOLDS -

1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833 Attorneys for Duke Power Company, et al.

April 4, 1984

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

)

DUKE POWER COMPANY, et al. ) Docket No. 50-413

) 50-414 '

(Catawba Nuclear Station )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion For Protective Order" in the above captioned matter have been served upon the following in the above captioned matter have been served upon the following by deposit in the United States mail this 4th day of April, 1984.

James L. Kelley, Chairman Richard P. Wilson, Esq.

Atomic Safety and Licensing Board Assistant Attorney General Panel State of South Carolina U. S. Nuclear Regulatory Commission P. O. Box 11549 Washington, D. C. 20555 Columbia, South Carolina 29211 Dr. Paul W. Pui om d

Robert Guild, Esq.

235 Columbia Drive Attorney-at-Law Decatur, Georgia 30030 P. O. Box 12097 Charleston, South Carolina 29412 Dr. Richard F. Foster Palmetto Alliance P. O. Box 4263 2135 1/2 Devine Street Sunriver, Oregon 97702 Columbia, South Carolina 29205 Chairman Jesse L. Riley Atomic Safety and Licensing 854 Henley Place Board Panel Charlotte, North Carolina 28207 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Chairman John Clewett, Esq.

Atomic Safety and Licensing 236 Tenth Street, S.E.

Appeal Board Washington, D.C. 20003 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 i

i 1

i George E. Johnson, Esq. Karen E. Long l Office of the Executive Legal Assistant Attorney General Director N. C. Department of Justice U. S. Nuclear Regulatory Commission P. O. Box 629 Washington, D.C. 20555 Raleigh, North Carolina 27602 J. Michael McGarry, III, Esq. William L. Clements l Anne W. Cottingham, Esq. Docketing and Service Section Eishop, Liberman, Cook, Purcell & Reynolds U. S. Nuclear Regulatory 1200 Seventeenth Street, N.W. Commission Washington, D.C. 20036 Washington, D.C. 20555 Don R. Willard Spence Perry, Esq.

Mecklenburg County Associate General Counsel Department of Environmental Federal Emergency Management Health Agency 1200 Blythe Boulevard Room 840 Charlotte, North Carolina 28203 500 C Street, S.W.

Washington, D.C. 20472 N !] k /

Klbert V. r l

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