ML20029D547
| ML20029D547 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 05/02/1994 |
| From: | Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | |
| References | |
| CON-#294-14984 93-271-01-OLA-3, 93-271-1-OLA-3, OLA-3, NUDOCS 9405060111 | |
| Download: ML20029D547 (6) | |
Text
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00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD j
W MAY -3 P5 50 i
)
3 l
In the Matter of
)
)
Docket Nos. 50-428FDEh4T 3ECPETARY i
GEORGIA POWER COMPANY
)
50-42600EAF3:G & MRVICE i
et ali,
)
ERANCH
)
Re: License Amendment I
(Vogtle Electric Generating
)
(transfer to Southern Nuclear) 4 Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 INTERVENoR'S SUGGESTED SCHEDULING ORDER.
Given the present status of discovery in this case, and the failure of the NRC Staff to release to the parties a copy of the OI Report (or a redacted version of the OI Report), Intervenor hereby suggests that the following scheduling order govern the i
remaining proceedings:
J 1)
Representatives of the pr
'ss shall meet, in person, in Washington, D.C. within 10 day
'e issuance of the.
f Scheduling Order matters identific paragraph 4 of the. Board's a
I April 12, 1994 Memorandum and Order (April ll Status Conference Results).
Within 5 days of this conference the parties shall inform the Board, in writing, of the results of said meeting.
2)
Within 20 days of the issuance of the Scheduling Order, Intervenor shall inform the Board, in writing, of his plans concerning the potential disqualification of tbn Troutman Sanders law firm.
3)
The parties shall be able to commence discovery on any matter related to the proceeding offective the date this scheduling order is approved by the Board; 4
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"MQY-02-1994 14:57 P.03 I
4)
All written discovery requests must be filed within 90 days of the release of the unredacted OI Report; 5)
All depositions must be completed within 90 days of the release of the unredacted OI report; 6)
The parties shall exchange tentative witness and
)
exhibit lists within 30 days of the release of the OI Report.
An adverse party shall have leave to depose any person subsequently added to the tentative witness list within 60 days of such addition.
7)
Within 45 days of the close of discovery the parties shall Jointly file with the Board proposed joint stipulations.
8)
Within 60 days of the close of discovery, all parties shall file with the Board:
a)
Final Witness list for the hearing; b)
Final Exhibit list for the hearing;3 c)
List of taped conversations deemed relevant to the proceeding; d)
All dispositive motions and/or notions in limine; 9)
Within 120 days from the close of discovery all parties shall file replies to any and all dispositive motions and/or motions in limine.
Additionally, the parties shall either stipulate to the contents of all tape recorded conversations for which any party identified as a potential exhibit.
If such a 1 If a witness or exhibit is named in the Final Witness or Exhibit List which had not been previously identified on the tentativa witness and exhibit lists, the adverse party shall have 60 days in which to conduct additional discovery limited specifically to the newly identified witness and/or exhibit.
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stipulation cannot be reached, the party seeking to introduce the tape into evidence shall inform the Board of which parts of the l
tape a stipulation could not be reached.
10)
As soon as practical after the Board rules on the outstanding dispositive motions and motions in limine, the Board I
shall conduct a conference with the parties to establish a trial date and the order of evidence.2 11)
Within 10 days of the actual hearing, the parties t
shall:
a)
Exchange pre-marked exhibits which the party plans to introduce into the record at the hearing; b)
Inform the parties as to the schedule of witnesses cach party will call at the hearing; l
c)
File a pre-trial brief which will be the equivalent of the oral opening of the parties and shall contain a concise statement of the law relevant to the hearing and the facts the party believes will be proven at the hearing.
The pre-trial brief shall be limited to 30 pages.
The intervenor opposes any effort to bifurcate the hearing 2
on this matter, or to bifurcate future discovery.
Such bifurcation significantly adds to the costs incurred by the intervenor.
Additionally, bifurcation of the hearing would be inappropriate because of the inter-relationship between matters related to the Site Area Emergency and the alleged illegal transfer of the license.
For example, credibility findings related to the licensee's conduct will be equally relevant to all of the issues presented to the Board at the hearing.
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MQY-02-1994 14:59 12)
The parties and the Board shall have a pre-hearing-conference _.5 daya prior to the formal hearing in order to resolve
.any outstanding matters.
Respectfully submitted, Michael-D. Kohn-Stephen M. - Kohn David K.
Colapinto Kohn, Kohn & Colapinto, P.C.
517 Florida Ave.,
N.W.
Washington,-D.C. 20001 (202) 234-4663 301\\schord l
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"rdaY-02-1994 14:59 P.06 iG l
UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION l
ATOMIC SAFETY AND LICENSING BOARD l
74 MY -3 P5 :50
)
In the Matter of
)
)
Docket Nos. 50-424 0F SECRETARY GEORGIA POWER COMPANY
)
50-425 ING & SERVICE et alt,
)
BRANCF
)
Re License Amendment (Vogtle Electric Generating
')
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93 671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that Intervanor's suggested Scheduling order, dated May 2, 1994 has been served on the 2nd day of May, L
1994, by first class mail upon the follcwing (additional service by facsimile designated by "*"):
(-Administrative Judge Peter B.
Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Administrative Judge James H. Carpenter 933 Green Point Drive Oyster Point Sunset Beach, NC 28468
- Administrative Judge Thomas D. Murphy Atenic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Charles A. Barth, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John Lamberski, Esq.
Troutman Sanders Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216
[ continued on next page)
icv-om-tosa 1a:so p,g7
- Ernest L. Blake, Jr.
David R. Lewis SHAW, PITTMAN, POTTS &
TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037
- Office of the Secretary Attn: Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Office of Commission Appellate Adjudication-U.S. Nuclear Regulatory Commission
]
Washington, D.C.
20555 By:
Michael D. Kohn KOHN, KOHN & COLAPINTO, P.C.
517' Florida Ave., N.W.
Washington, D.C.
20001 (202) 234-4663-301\\ cert.3 i
2 TOTAL P.07
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