- /xj p j.s'
.
*
.
UNITED STATES OF AMERICA
ATOMIC ENERGY COMMISSION
In the Matter of )
DUKE POUER COMPANY ) DocketNosh0-269A,j50-270A,) 50-zu/A, 50-369A,
(Oconee Units 1, 2 & 3; } 50-370A.
McGuire Units 1 & 2) )
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
MOTION TO QUASH SUBPOENAS DUCES TECUM ANDALTERNATIVELY FOR ADDITIONAL TIME IN WHICH TO RESPOND
On November 27, 1972, the South Carolina Electric & Gas
Company ("SCE&G") was served a Subpoena Duces Tecum in the captioned
proceedings issued at the instance of the Antitrust Division,
Department of Juctice, together with a copy of the " Application for
Issuance of Subpoenas Duces Tecum" both dated November 16, 1972.
South Carolina Electric & Gas Company hereby' moves, in accordance
with Section 2.720(f), 10 CFR Part 2, that the subpoena be quashed
as unreasonable and, alternatively, that it be given at least sixty
days from the return date of the subpoena, December 15, 1972, in
which to make further response.
In support of the motion, SCE&G avers:
It is not a. party to the captioned Proceedings, and
was not served with the Subpoena or Application
until November 27, 1972.,
1
As defined by the Subpoena, t's documents subject
thereto enccmpass the widest range of records. To
determine if such documents exist, it would be
7 912170 MO $
. ._. - _ _ _ _ _
-
-2-.
necessary for SCE&G to review the filing system.
for the entire company and to then search the
appropriate files before it can state with assurance
that all sources for the documents as defined have
been scrutinized. .
Compliance with the Subpoena in such a short time
would be unreasonable if only a few years were
involved. The immensity of the Justice request
is magnified, however, by the fact that it seeks
such documents for a 33-year period beginning January 1,
1940.-1/ >
Although the Department of Justice suggests that
"the number of episodes of actual or potentiaIl com-.
petition of the type for which documents are requested
herein are relatively few," it is obvious that 33 years
of records cannot be examined within less than three
weeks.
As such, the Subpoena is patently unreasonable and should
be quashed.
In the event the Board determines that the Subpoena should
not be quashed forthwith, SCE&G moves in the alternative that its
effectiveness be delayed for a period of at least sixty days frcm
the return day, during which SCE&G can determine what course of legal
1/ No basis is shown in the application for the selection of thedate. .
L.
._
*
-3- |1
I
|-
i
action it should pursue. As noted above, at least sixty days
'
additional time will be required:
a. To determine the extent of the documentary
material involved and how much additional time,
if any, might be required to assure that a complete
record search has been made, and
b. To make a legal analysis of the relevancy of
any documents which may be found to the captioned i
proceeding and to analyze the pertinent law to
determine whether further motions should be filed
(1) to quash, (2) for summary judgment, (3) for
certification to the Atomic Safety and Licensing
Appeal Board, or to the Commission, as may be
appropriate, or (4) for other appropriate relief..
RespectfnKIy s'.itted, j
/ ,a
George H. FischerVice President and General Counsel
Washington, D. C..
December 12, 1972. ;.:
,
|
1|
- -
|
'.
. \'
. ,
.
.
VERIFICATION
"
)DISTRICT OF COLUMDIA ) ss:
)
PERSONALLY APPEARED before me, GEORGE H. FISCHER, being firstduly sworn, deposes and says that he is Vice President and GeneralCounsel for South Carolina Electric & Gas Company; that he is dulyauthorized to execute, verify, and file the foregoing document; thathe has read the contents of same, and that the statements contained'herein are true and correct to his best information, knowlege.
and belief.
-D~
/'
Subscribed and sworn to beforeme.this /'l Ft day of/I. < - _. t s.m 1972.,
0/ i., b..'.- -.
Notary Public.:.' .: ::-;= :w;. u. :::a
J
e
6
%
- _ _ _
.
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 ) 50-370AMcGuire Units 1 & 2) )
,
CERTIFICATE OF SERVICE
I hereby certify that copies of " Motion to Quash Subpoenas Duces Tecumand Alternatively for Additional Time in which to Respond" datedDecember 12, 1972, in the captioned matter, were served upon thefc. lowing by deposit in the Gnited States mail this 12th day ofDecember, 1972:
Walter W. K. Bennett, Esq. Joseph Rutherg, Esq.P. O. Box 185 Benjamin H. Vogler, Esq.Pinehurst, North Carolina 28374 Antitrust Counsel for AEC
Regulatory StaffJoseph F. Tubridy, Esq. U. S. Atomic Energy Commission4100 Cathedral Avenue, N.W. Washington, D. C. 20545Washington, D. C. 20016
Mr. Frank W. Karas, ChiefJohn B. Farmakides, Esq. Chief, Public Proceedings BranchAtomic Safety & Licensing Board Offica of the SecretaryU. S. Atomic Energy Commission U. S. Atomic Energy CommissionWashington, D. C. 20545 Washington, D. C. 20545
Nathaniel H. Goodrich, Esq. Joseph Saunders, Esq.Chairman, Atcmic Safety & Antitrust DivisionLicensing Board Panel Department of Justice
U. S. Atcmic Energy Commission Washing 4.on, D. C. 20530Washington, D. C. 20545
Wallace E. Brand, Esq.Abraham Braitman, Esq. Antitrust Public Counsel SectionSpecial Assistant for Department of JusticeAntitrust Matters P. O. Box 7513
Office of Antitrust and Washington, D. C. 20044*
IndemnityU. S. Atomic Energy Commission William T. Calbault, Esq.Washington, D. C. 20545 David A. Leckie, Esq.
| Antitrust Public Counsel Section! J. O. Tally, Jr., Esq. Department of Justice
'
P. O. Drawer 1660 P. O. Box 7513| Fayetteville, North Carolina 28302 Washington, D. C. 20044
_
' -2--
.
J. A. Bouknight, Jr., Esq. William H. Grigg, Esq.David F. Stover, Esq. Vice President and General CounselTally, Tally & Bouknight Duke Power CompsnySuite 311 P. O. Box 2178429 N Street, S. W. Charlotte, North Carolina 28201Washington, D. C. 20024
William Larry Porter, Esq.William Warfield Ross, Esq. Assistant General CounselGeorge A. Avery, Esq. Duke Power CompanyKeith Watson, Esq. P. O. Box 2178 *1320 Nineteenth Street, N.W. Charlotte, North Carolina 28201Washington, D.C. 20036
& AAA. Conner, Jr.
Counsel forSOUTH CAROLINA ELECTRIC & GAS COMPANY
.