ML19317E235

Applicant Motion for Extension of Time for Filing Response to EPIC Motion to Quash or Modify & Intervenors' Motion for Extension of Time for Production of Documents.Certificate of Svc Encl

ML19317E235
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	01/18/1973
From:	Avery G, Ross W, Watson K DUKE POWER CO., WALD, HARKRADER & ROSS
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19317E236	List: ML19317E235 ML19317E237
References
NUDOCS 7912170481
Download: ML19317E235 (6)

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of ) Docket Nos. 50-270A, DUKE POWER COMPANY )

50-2ESA,;50-369A, 50-287A,1

) 50-370A (Oconee Units 1, 2 & 3 )

McGuire Units 1 & 2) )

APPLICANT'S MOTION FOR EXTENSION OF TIME FOR FILING RESPONSES TO EPIC'S MOTION TO QUASH OR MODIFY AND INTERVENORS ' MOTION FOR EXTENSION OF TIME FOR PRODUCTION OF DOCUMENTS To the Atomic Safety and Licensing Board:

Duke Power Company (" Applicant") hereby moves the Atomic Safety and Licensing Board (" Board") for an order, pursuant to Section 2.711 of the Commission's Rules of Practice, 10 C.F.R. Part 2, extending the time in which it may file responses to motions served on January 12, 1973, by 1/

EPIC and the Intervenors.' Applicant requests that such time be extended up to and including February 2, 1973.

Based on the Commission's Rules of Practice, Sections 2.710 and 2.730(c), the responses in question should be filed on or before Wednesday, January 24, 1973. George A. Avery and Toni K. Golden, the two attorneys directly

-1/ The motions filed included one by EPIC to Quash or Modify Subpoena Duces Tecum and to Extend Time for Response and one by the Intervenors for Extension of Time for Production of Documents.

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involved with the discovery served on EPIC and the Inter-venors, have been and will be away from Washington, D. C.,

and unable to address the motions at hand during much of the period preceding the original due date of the responses.-2/

Furthermore, because of the complexity and importance of the issue involving EPIC, we would contemplate that the Board might wish to discuss this matter at the prehearing conference to be held on February 15, 1973.

In the interim, Applicant would have the opportunity to study the Feasibility Study and other documents which EPIC contends would be satisfactory substitutes for the documents sought in the subpoena. Because of this and the general time frame in which discovery on all parties is proceeding, it would not appear that the extension sought, if granted, would cause any delay in this case.

Finally, counsel for EPIC and the Intervenors has stated that he has no objection to the extension of time sought.

-2/ According to the Board's Prehearing Conference Order (September 7, 1972), motions for extension of time will be granted only on affidavit (p. 5). Since the facts alleged in this pleading are within the knowledge of Applicant's counsel in this proceeding, the affidavit of George A. Avery is attached hereto.

WHEREFORE, Applicant requests that its time to file responses to the EPIC Motion to Quash or Modif.y I

and the Intervenors' Motion to Extend Time be extended to and including February 2, 1973.

Respectfully submitted, f) A N Wm. Warfield floss L/h Geprge Al Avery G= - -

A Keith'S. Watson

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Toni K. Golden '

WALD, HARKRADER & ROSS 1320 Nineteenth Street, N.W.

Washington, D. C. 20036

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Attorneys for Applicant January 18, 1973

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

DUKE POWER COMPANY ) Docket Nos. 50-269A, 50-270A,

) 50-287A, 50-369A, (Oconee Units 1, 2& 3 ) 50-370A McGuire Units 1 & 2) )

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AFFIDAVIT District of Columbia) ss.:

I am counsel to Duke Power Company, Applicant in the above-captioned proceeding. I have read the foregoing Applicant's Motion for Extension of Time for Filing Responses to EPIC's Motion to Quash or Modify and Intervenors' Motion for Extension of Ti;ne for Production of Documents.

I am familiar with the facts set forth in the Applicant's Motion. All such facts set forth therein are true and correct to the best of my own personal knowledge and belief. -

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/ G6orge A. Avery Subscribed and sworn to before me this 18th day of January, 1973.

M Notagy Public 24 C:= . Men -y : ;g.c2  ;, g ,g,j

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

) Docket Nos. 5 0 -2 6 9 A., 50-270A DUKE POWER COMPANY ) 50-287A, I 50-369A (Oconee Units 1, 2 and 3 ) 50-370Ai McGuire Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of APPLICANT'S MOTION FOR EXTENSION OF TIME FOR FILING RESPONSES TO EPIC'S MOTION TO QUASH OR MODIFY AND INTERVENORS ' MOTION FOR EXTENSION OF TIME FOR PRODUCTION OF DOCUMENTS, dated January 18, 1973, in the above-captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 19 th day of January 197 3.

Walter W. K. Bennett, Esquire J. O. Tally, Jr., Esquire P. O. Box 185 P. O. Drawer 1660 Pinehurst, North Carolina 28374 Fayetteville, N. Carolina 28302 Joseph F. Tubridy, Esquire Troy B. Connor, Esquire 4100 Cathedral Avenue, N. W. Reid & Priest Washington, D. C. 20016 1701 K Street, N. W.

Washington, D. C. 20006 John B. Farmakides, Esquire Atomic Safety and Joseph Rutberg, Esquire Licensing Board Panel Benjamin H. Vogler, Esquire Atomic Energy Commission Antitrust Counsel for Washington, D. C. 20545 AEC Regulatory Staff Atomic Energy Commission Atomic Safety and Washington, D. C. 20545 Licensing Board Panel Atomic Energy Commission Mr. Frank W. Karas, Chief Washington, D. C. 20545 Public Proceedings Branch Office of the Secretary Abraham Braitman, Esquire of the Commission Special Assistant for Atomic Energy Commission Antitrust Matters Washington, D. C. 20545

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Office of Antitrust and Indemnity Joseph Saunders, Esquire Atomic Energy Commission Antitrust Division Washington, D. C. 20545 Department of Justice Washington, D. C. 20530 L _

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William T. Clab ault, Esquire J. A. Bouknight, Jr., Esquire David A. Leckie, Esquire David F. Stover, Esquire Antitrust Public Counsel Section Tally, Tally & Bouknight Department of Justice Suite 311 l P. O. Box 7513 429 N Street, S.W.

Washington, D. C. 20044 Washington, D. C. 20024 Wallace E. Brand, Esquire l Antitrust Public Counsel Section Department of Justice P. O. Box 7513 Washington, D. C. 20044 Wald, Harkrader & Ross By: -

O #' s Attorneys for Duke Power Company

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1320 Nineteenth Street, N. W.

Washington, D. C. 20036 P

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