ML20091J489

Motion to Quash Subpoena for Tl Odom,Chairman,Mecklenburg County Board of Commissioners.Certificate of Svc Encl. Related Correspondence

ML20091J489
Person / Time
Site:	Catawba
Issue date:	05/31/1984
From:	Bethune M MECKLENBURG COUNTY, NC, RUFF, BOND, COBB, WADE & MCNAIR
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20091J464	List: ML20091J462 ML20091J489
References
NUDOCS 8406050528
Download: ML20091J489 (5)

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C0(ME r3 UNITED STATES OF AMERICA U3 Nib NUCLEAR REGULATORY COMMISSION JEFORE THE ATOMIC SAFETY AND LICENSING BOARD *g dlM In the Matter of ) 211"?L ti. ..

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

) 50-414 (Catawba Nuclear Station )

Units 1 and 2) )

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MOTION 10 QUASH SUBPOENA BY T. LAFONTINE ODOM, CHAIRMAN, MECKLENBURG COUNTY BOARD OF COMMISSIONERS Pursuant to 10 CFR 2.720(f), T. LaFontine Odom, Chairman of the Mecklenburg County Board of Commissioners , by and through counsel, hereby moves - to quash the subpoena issued by the Atomic Safety and Licensing Board

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of the Nuclear Regulatory Commission requiring his attendance at a hearing

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in Rock Hill, South Carolina, on June 6, 7, or 8,1984 for the following reasons:

(1) In- his of ficial capacity as Chairman of the Mecklenburg County Board of Commissioners, on-June 6, 7, and 8 he is scheduled to be in Tulsa, Oklaho na on the Charlotte Chamber of Commerce " Charlotte Inter-City . Visit To Tulsa," an event scheduled four. months ago for June 6, 7, and 8,1984.

Chairman Odom nust be at the Charlotte Douglas Municipal Airport by 11:30 a.m. on June 6, 1984 and will not return to Charlotte until approximately 3:30 p.m. on June 8, 1984. The purpose of the tr'p is to review public/ private projects and' governmental projects which have been undertaken in Tulsa, Oklahoma for the purpose of determining their relevance and appli-cability to: Charlotte and.Mecklenburg County. Issues being covered this

-ye'ar include health care. cost containment, public: schools, and public parks, all' matters with which the Mecklenburg County Board of Commissioners must Jdeal. ; Mr. Odom has been invited to go on this trip in his of ficial capacity as Chairman of the Mecklenburg County Board of Commissioners, and he. is scheduled to take part-ic the program at ~ various cines during these three e,,

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I days in his of fic,ial capacity. Mr. William Veeder, Executive Director of the Charlotte Chamber of Commerec, informed the undersigned on May 31, 1984 that; before he scheduled the dates for this year's trip, he checked with Chairman Odom to make sure that Chairman Odom's schedule would allow him to attend on the proposed dates. To require Chairman Odom to miss any portion of the Tulsa trip would interfere with the proper fanctioning of Mecklenburg County Government.

(2) The information which the application for issuance of subpoenas by Palmetto Alliance and Carolina Environmental Study Group indicates Chairman Odom's testimony is , sought with respect to is available from other witnesses, especially from Mr. Wayne Broome, whom the undersigned under-stands has been, testifying frequently in the hearing as a witness called by Duke Pawer Company. The undersigned submits that the rationale articulated  ;

by Judge Margulies in the May 25, 1984 hearing, recorded on pages 2744 and 2746 of the' transcript, with respect te'the Panel's reasons not to subpoena the Governo'rs of the State of North Carolina and the State of South Carolina apply equally as well to this subpoena. As stated by. Judge Marguilies with respect to the Governor s of North and South Carolina:

"Such high-ranking officers should not be called upon

personally to give testimony unless there is a clear showing that such testimony is essential to prevent prejudice or injustice to a party who would require that testimony.

"Such high-ranking officials should not be required to respond unless the testimony was unavailable. from lesser-ranking of ficers within their States.

"We'are not satisfied it is essential to present prejudice or injustice --or that lesser-ranking of ficials are not available from the States of North and bouth Carolina andicannot give such testimony.

"The fact that they have the ultimate responsibility does not mean that they_have the sole knowledge as to what the requirements are -and ~ how the of fice operates and f unc t ion s . " '

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s The undersigned submits that the reasons articulated by Judge Margulies for not issuing subpoenas for the Governors of the States of North  :

and South Carolina are equally applicable in this instance. There will be no ' prejudice to Palmetto Alltance or Carolina Environmental Study Group if the subpoena were quashed because other lesser-ranking of ficials in Mecklenburg County Government, Mr. Wayne Broome and Mr. Luther Fincher (who has also been subpoenaed) of the Charlotte-Mecklenburg Emergency Management Office, will be available to testify as to the same information sought from Chairman Odom. In fact, because of their positions in County Government, Mr. Broome'and Mr. Fincher may be in even better positions than Chairman Odom to respond to questions asked by the Intervenors about the contentions V

identified in the Application seeking the subpoenas.

In light of the statement made by Judge Margulies during the May 25, 1984 hearing, found at page 2767 of the transcript, that "[s]hould any witnesses be unavailable, it is a problem that Intervenors will have to accept," and for the reasons shown above, T. LaFontine Odom, Chairman of the Mecklenburg County Board of Commissioners, acting by and through counsel, respectfully requests.that the subpoena issued by the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission requiring his attendance on the days of June 6, 7, cr 8, 1984 be quashed in that his attendance on any of these days is unreasonable under the circumstances and is not necessary to prevent prejudice or injustice to the Intervenors.

Respectfully submitted this the 31st day of May, 1984.

Marvin A. Bethune Mecklenburg County Attorney 2100 First Union Plaza Charlotte, North Carolina 28282

.(704) 377-1634 OF COUNSEL:

RUFF,. BOND, COBB, WADE & MCNAIR' 2100 First Union Plaza Charlotte, North Carolina 28282 (704) 377-1634 O

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- USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING B@D gj . 4 P2 :20 In the Matter of } 19(cc' 7VF

) ~~~ g jf DUKE POWER COMPANY, et al. ) Docket s Nos. 50-413

) 50-414 (Catawba Nuclear Station )

Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certi fy that copies of Motion to Quash by T. LaFontine Odom, Chairman, Mecklenburg County Board of Commissioners, in the abeve captioned matter have been served upon the following by deposit in the United States mail thts 31st day of May, 1984.

Morton B. $argulies , Chairman George E. Johnson, Esq.

Atomic Safety and Licensing Office of the Executive Legal U.S. Nuclear Regulatory Commis sion Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Richard P. Wilson, Esq.

Robert Guild, Esq. Assistant Attorney General 2135-1/2 Divine Street State of South Carolina Columbia, South Carolina 29205 Post Office Box 11549 Attorney for Palmetto Alliance and Columbia, South Carolina 29211 Carolina Environmental Study Group Dr. Frank F. Hooper Mr. Jesse L. Riley University of Michigan 854 Henley Place ,

School of Natural Resources Charlotte, North Carolina 28207 Ann Arbor, dichigan 48109 Carolina Environmental Study Group Chairman Dr. Robert M. Lazo Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Scott Stucky Chairman Docketing and Service Section Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Commission Karen E. Long Washington, D.C. 20555 As si s t ant Attorney General N.C. Department of Justice Post Of fice Box 629 Raleigh, North Carolina 27602

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Spence Perry, Esq. --

Associate beneral Counsel Federal Emergency Management Agency Room 840 500 C Street , S.W.

Washington, D.C. 20472 Albert V. Carr, Jr.

Ronald V. Shearin Duke Power Company Post Office Box 33189 Charlotte, North Carolina 28242 Don R. Willard Mecklenburg County Department of Environmental Health 1200 Blythe Boulevard Charlotte, North Carolina 28203 J. Michael McGarry, III Joseph B. Knotts, Jr.

BISHOP, LIBERMAN, COOK, PURCELL & REYNOLDS 1200 Seventeenth Street, N.W.

Washington, D.C. 20036

' Respec t fully submit ted ,

Marvin A. Rethune Mecklenburg County Attorney ---

2100 First Unior Plaza i Charlotte, North Carolina 28282 a (704) 377-1634 L a

o 0F COUNSEL: l 0

RUFF, BOND, COBB, WADE 6 MCNAIR ,

l 2100 First Union Plaza q Charlotte, North Carolina 28282 (704) 377-1634 m..

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