ML20029D525
| ML20029D525 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 04/28/1994 |
| From: | Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#294-14971 OLA-3, NUDOCS 9405060072 | |
| Download: ML20029D525 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO@ W 29 A0 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CRETARY
$0C$NINE E b BR /dCn 3 the Matter of
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) Docket Nos.
50-424-OLA-3 EEORGIA POWER COMPANY, et al.
)
50-425-OLA-3
)
- (Vogtle Electric Generating Plant
)
Re: Licensee Amendment Units 1 and 2)
)
(Transfer to Southern Nuclear)
)
NRC STAFF RESPONSE TO LICENSING BOARD l
SCHEDULING MEMORANDUM DATED APRIL 7.1994 The Licensing Board's Memorandum and Order (Scheduling Conference) dated April 26,1994, requested that the parties identify matters to be included in the agenda for the conference to be held May 3,1994, in Bethesda, Maryland. The Staff's aggestions for matters to be discussed, and comments, follow.
I) Intervenor's instruction to the reporting companies not to transcribe the depositions taken by Intervenor the weeks of April 4 and April 11, 1994, in Atlanta, Georgia and Birmingham, Alabama should be addressed. This action vitiated the Board's Order of April 12,1994, by inaking it impossible for any of the parties to complete dscovery by April 29,1994.
- 2) Intervenor's recent identification of eleven more persons he wants to depose an the alleged i!Iegal transfer issue should be addressed. The identity of these persons ed any roles they may have had in the alleged illegal tmnsfer of the Vogtle licenses to Southern Nuclear has been known to the Intervenor for years. Nothing new regarding i
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P 2-j tese persons was revealed in the depositions held in April 1994.
Accordingly, i
keervenor has not provided an adequate basis for taking these depositions at this time.
- 3) The stipulations proposed by the Licensee's cover letter dated April 19,1994 should be addressed.
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- 4) The matter of taking an additional deposition of Mr. Dahlberg and any
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slated Intervenor motion concerning disputed discovery issues filed pursuant to i
pragraph two of the Board's April 12,1994, Memorandum and Order should be in the l
agenda.
- 5) The schedule for bringing this proceeding to an orderly conclusion is important. The exhibits to the OI Report (Case No. 2-90420R) December 20,1993, were released to the parties for examination and copying on Wednesday April 6,1994, l
in Atlanta, Georgia for the licensee and in Bethesda,' Maryland for the Intervenor. On March 22,1994, the Intervenor filed its "Intervenor's Response To NRC Staff Motion For A Stay of The Licensing Board Order Releasing The Office of Investigations i
l Report." In Section III A, page 3 of that filing, the Intervenor argues that he needs access to the material used by OI and that Intervenor would be harmed if the Staffis able e withhold the OI report and its exhibits. See also January 27, 1994 Prehearing i
i Conference Transcript at 157 (Kohn). As of the date of this filing, the Intervenor has not l
yet examined the exhibits to the OI Report.
At the January 27,1994 Conference, the Staff took the position that discovery
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l should commence on all issues it is our view that discovery on the alleged illegal transfer cannot be concluded until the Staff's reviewer has had the opportunity to examine f
3-te depositions taken to date on the alleged illegal transfer. Resolution by the Board of te status of the April 1994 depositions will expedite this porweding.
- 6) De depontion transcript requested by the Board during April 22,.1994, conference call (Tr. 201) on April 28,1994, has been forwarded by the Staff to the Board on April 28,1994.
- 7) ne office of Investigations is investigating the allgations which underlie Board Notificatien 94-08 and the Staff is reviewing possible present safety implications.
At this time, the Staff does not know whether those allegations will impact this proceeding. When the Staff has information which would be meaningful to the Board and parties, we shall communicate it, ne Board has requested an in camera briefing and OI will be available to do so at the conclusion of the Board-counsel conference scheduled for May 3,1994.
It is the Staff's view that discovery on the alleged illegal transfer issued should be concluded as rapidly as possible, the parties should join issue, and the evidentiary hearing should be held.
Respectfully submitted, Na.4g(
Charles A. Barth Counsel for NRC Staff Dated at Rockville, Maryland this 28th day of April 1994
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USHRC-r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 94 APR 29 A8 :33 -
i BEFORE THE ATOMIC SAFETY AND LICENSING BOAEFICE OF SECRETA In the Matter of
)
' 50CKETING & SERVI BRANCH l
) Docket Nos. 50-424-OLA-3 i
GEORGIA POWER COMPANY, et al.
)
50-425-OLA-3
)-
(Vogtle Electric Generating Plant
) Re: License Amendment -
Units 1 and 2)
)
(Transfer to Southern Nuclear)._
- CERTIFICATE OF SERVICE
]
i I her :by certify that copies of "NRC STAFF RESPONSE TO LICENSING BOARD SCHEDULING MEMORANDUM DATED APRIL 7,1994" in the above-captioned l
proceeding have been served on the following by deposit in the United States mail, first l
class, or as indicated.by an asterisk through deposit-in the Nuclear' Regulatory Commission's internal mail system, or as indicated by a double asterisk by facsimile this l
28th day of April 1994.
)
Peter B. Bloch, Chairman **
Thomas D. Murphy
- I
' Administrative Judge Administrative Judge j
Atomic Safety and Licensing Board Atomic Safety and Licensing Board '
Mail Stop: EW-439 Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Fax: 301-492-7285 Fax: 301-492-7285 Judge James H. Carpenter John Lamberski, Esq.**
933 Green Point Drive Arthur H. Domby, Esq.
Oyster Point Troutman Sanders-Sunset Beach, North Carolina 28468 NationsBank Building, Suite 5200 Fax: 910-579-3466 600 Peachtree Street,' N. E.
Atlanta, Georgia 30308 Fax: 404-885-3900
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. 1 Ikvid R. Invis, Esq.
Adjudicatory File * (2)
Baw, Pittman, Potts and Trowbridge Atomic Safety and Licensing Board 300 N Street, N. W.
Panel Washington, D. C. 20037 Mail Stop: EW-439 Fax: 202-663-8007 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Michael D. Kohn, Esq.**
Stephen M. Kohn, Esq.
Atomic Safety and Licensing Board Kohn, Kohn and Colapinto, P.C.
Panel
- 517 Florida Avenue, N. W.
Mail Stop: EW-439 Washington, D. C. 20001 U.S. Nuclear Regulatory Commission Fax: 202-462-4145-Washington, D. C. 20555 Office of Commission Appellate Office of the Secretary * (2)
Adjudication
- Attn: Docketing and Service -
Mail Stop: OWFN-16/G15 Mail Stop: OWFN-16/G15 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
- 1 Washington, D. C. 20555 Washington, D. C. 20555 l tee W$
Charles A. Barth Counsel for NRC Staff
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