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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.,

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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

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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. .

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action it should pursue. As noted above, at least sixty days

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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

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George H. FischerVice President and General Counsel

Washington, D. C..

December 12, 1972. ;.:

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VERIFICATION

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)DISTRICT OF COLUMDIA ) ss:

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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.

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Subscribed and sworn to beforeme.this /'l Ft day of/I. < - _. t s.m 1972.,

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Notary Public.:.' .: ::-;= :w;. u. :::a

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UNITED STATES OF AMERICA -

ATOMIC ENERGY COMMISSION

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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) )

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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

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P. O. Drawer 1660 P. O. Box 7513| Fayetteville, North Carolina 28302 Washington, D. C. 20044

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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

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