ML20069J838

Motion for Protective Order Relieving Applicants from Requirement to Respond to Palmetto Alliance 820927 Third Set of Interrogatories & Requests to Produce.Certificate of Svc Encl.Related Correspondence

ML20069J838
Person / Time
Site:	Catawba
Issue date:	10/19/1982
From:	Carr A DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8210250282
Download: ML20069J838 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION *82 OCT 22 A10:36 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

. 0T SECRETARY

. .d!NG & SERVICE In the Matter of )

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DUKE POWER COMPANY, et al. ) Docket Nos. 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. 74 0 (c) , request the Atomic Safety and Licensing Board to issue an order to protect Applicants from being required to respond further to " Palmetto Alliance Third Set of Interrogatories and Requests to Produce," filed September.27, b 1982.

Applicants have responded to Palmetto Alliance's Inter-rogatories by providing all information, not otherwise priv-ileged, relevant to the subject matter of Palmetto Alliance's Contention No. 16. Palmetto Alliance's 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 Response to Palmetto Alliance's Interrogatories their objections to specific interrogatories and the grounds therefor, and incorporate such herein by reference.

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 8210 25 093 JL g DM

to Palmetto Alliance's 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 produce 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' Responses to 'Palmettc Alliance Third set of Interrogatories and Requests to Produce.'"

Respecfully submitted, William Larry Porter ' # .4 Albert V. Carr, Jr.

Ellen T. Ruff DUKE POWER COMPANY P. O. Box 33189 Charlotte, North Carolina 28242 (704) 373-2570 J. Michael McGarry, III Anne W. Cottingham DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washington, D. C. 20036

' (202) 857-9833 Attorneys for Duke Power Company, et al.

October 19, 1982

NErED CGP.nES*CNDENCE

,. - 1 DCL KETED UNITED STATES OF AMERICA L'WC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 12 OCT 22 40 36 uf SECRLIARY

.. .. El!NG & SERVICE In the Matter of ) BRANCH

)

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

- ) 50-414 (Catawba Nuclear Station, )

Units I and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' Responses to " Palmetto Alliance Third Set of Interrogatories and Requests to Produce" and " Applicants' Motion for Protective Order" in the above-captioned matter, have been served upon the following by deposit in the United States mail this 19th day of October, bl982.

James L. Kelley, Chairman George E. Johnson, Esq.

Atomic Safety and Licensing Office of the Executive Legal Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. A. Dixon Callihan Richard P. Wilson, Esq.

Union Carbide Corporation Assistant Attorney General .

Post Office Box Y State of South Carolina Oak Ridge, Tennessee 37830 Post Office Box 11549 Columbia, South Carolina 29211 Dr. Richard R. Foster Post Office Box 4263 Jesse L. Riley Sunriver, Oregon 97701 854 Henley Place Charlotte, North Carolina 28207 Chairman Atomic Safety and Licensing Scott Stucky Board Panel Docketing and Service Section U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 1

Chairman Robert Guild, Esq.

Atomic Safety and Licensing 314 Pall Mall Appeal Board Columbia, South Carolina 29201 U.S. Nuclear Regulatory Commission J. Michael McGarry, III, Esq.

Washington, D.C. 20555 Debevoise & Liberman 1200 Seventeenth Street, N.W.

Henry A. Presler Washington, D.C. 20036 Charlotte-Mecklenburg Environmental Coalition 945 Henley Place Charlotte, North Carolina 28207

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Albert V. Carr, fr ' .2' f

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