ML20029D928

Georgia Power Co Third Set of Interrogatories & Request for Documents to AL Mosbaugh.* Requests That AL Mosbaugh Answer Interrogatories in Writing & Under Oath within 14 Days of Svc.W/Certificate of Svc & Svc List.Related Correspondence

ML20029D928
Person / Time
Site:	Vogtle
Issue date:	05/06/1994
From:	Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	AFFILIATION NOT ASSIGNED
References
CON-#294-15021 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9405130009
Download: ML20029D928 (12)

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, /80 NATED CORRESPONDENCE DOCKETED USNRC UNITED STATES OF AMERICA 94 MAY -9 A10 :33 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0FFICE OF SECRETARY 00CKETING & SERVICE BRANCH In the Matter of

• GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3 31 11

• 50-425-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, * (Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S THIRD SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS TO ALLEN L. MOSBAUGH I. INTRODUCTION.

Pursuant to 10 C.F.R. S S 2.740b and 2.741, Georgia Power Company hereby requests that Allen L. Mosbaugh answer the following interrogatories in writing and under oath within 14 days of service of this document and produce all requested documents within 30 days of the service of this document.

II. INSTRUCTIONS.

A. If you cannot answer a particular interrogatory in full, after exercising due diligence to secure the information to do so, so state and answer to the extent possible, specifying and explaining your inability to answer 9405130009 940506 PDR 3 C ADOCK 05000424 $O PDR .

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the remainder and stating whatever information or knowledge you have concerning the unanswered portion.

B. Each interrogatory is a continuing one, and should be supplemented as required by 10 C.F.R. S 2.740(e).

C. If you claim that any infornation which is required to be provided by you in your response to any of these interrogatories is privileged or immune from discovery:

1. Identify the portion of the interrogatory to which such information is otherwise responsive;

2. If the information is a document or oral communication, identify the document's title or the oral communication and state the general subject matter of the document or oral communication;

3. If the information is a document or oral communication, state tha date of the document or oral communication;

4. If a document, identify its author (s) and the person (s) for whom it was prepared or to whom it was sent, including all persons who received copies;

5. If an oral communication, identify all persons present at the time of the oral communication;

6. State the nature of the privilege or immunity claimed; and c-c--e,..- - - , , , -, er , - - , - . - ,, ~ --,- = ~,*,,- r. ...,-nma

7. State in detail each and every fact upon which you base your claim of privilege or immunity from discovery.

D. In each case where you are asked to identify or to state the identity of a document or where the answer to the interrogatory refers to a document, state with respect to each such document:

1. The identity of the person who prepared it;

2. The identity of all persons who reviewed or approved it;

3. The identity of the person who signed it, or over whose name it was issued;

4. The identity of the addressee or addressees;

5. The nature and substance of the document with sufficient particularity to enable the same to be identified;

6. The date of the document; and

7. The present location of the document and the identity and address of each person who has custody of the document.

E. In each case where you are required to identify an oral communication, or where the answer to the interrogatory refers to an oral communication, state with respect thereto:

1. The date and place thereof;

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2. The identity of each person who participated in or heard any part of the communication;

3. If the communication was by telephone, so indicate and state who initiated the telephone call;

4. The substance of what was said by each person 1

who participated in the communication; and l

5. The location and the identity and address of the custodian of any document (including any  ;

mechanical, magnetic, electrical or electronic l

recording) that recorded, summarized, reported or confirmed the oral communication.

F. In each instance where you are asked to identify or to state the identity of a person, or where the answer to an interrogatory refers to a person, state with respect to each such person: l

1. His or her name;

2. His or her last known business and residence l addresses and telephone numbers;

3. If an individual, his or her business affiliation or employment at the date of the transaction, event or matter referred to; and

4. If a corporation or association, the business or activity in which it was engaged at the date of the transaction, event or matter referred to.

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d G. As used herein, the phrases " state in detail" and

" described in detail" shall mean that you are requested to state, with specificity, each and every fact, ultimate fact, 4

circumstance, incident, act, omission, event and date, relating to or otherwise pertaining to the matters inquired of in said interrogatory.

III. DEFINITIONS.

i A. As used herein, the terms "Intervenor", "you," or 1

"your" and any synonym thereof and derivative therefrom are l I

intended to, and shall, embrace and include Intervenor l l

Allen L. Mosbaugh and counsel for Intervenor and all their l l

respective agents, servants, associates, employees, representatives, private investigators, and others who are I or have been in possession of or may have obtained information for or on behalf of Intervenor in any manner with respect to any matter referred to in the Petition.

B. As used herein, the term " documents" includes any written, recorded or graphic matter, however produced or reproduced, of every kind and regardless of where located, including but not limited to any summary, schedule, memorandum, note, statement, letter, telegram, interoffice communication, report, diary, desk or pocket calendar or notebook, daybook, appointment book, pamphlet, periodical,

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i work sheet, cost sheet, list, graph, chart, index, tape, record, partial or complete report of telephone or oral conversation, compilation, tabulation, study, analysis, transcript, minutes, and all other memorials of any I

conversations, meetings, and conferences, by telephone or otherwise, and any other writing or recording which is in the possession, custody or control of the Intervenor or any employees, representatives, attorneys, investigators, or others acting on his behalf.

C. As used herein, the terms "and" and "or" shall each mean and/or.

D. As used herein, the term "NRC" shall mean the U.S.

Nuclear Regulatory Commission, an agency of the Federal Government.

E. As used herein, the term " Petition" shall mean the Petition to Intervene and Request for Hearing, dated l October 22, 1992, filed by Intervenor in this proceeding.

F. As used herein, the term " Amended Petition" shall mean the Amendments to Petition to Intervene and Request for Hearing, dated December 9, 1992, filed by Intervenor in this proceeding.

l G. As used herein, the term "GPC" shall mean the l Georgia Power Company, a subsidiary of The Southern Company.

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H. As used herein, the term "date" shall mean the exact day, month, and year, if ascertainable, or if not, the best approximation thereof, including relationship to other events. j 1

I. As used herein, the term " person" shall mean any individual, partnership, firm, association, corporation or I other government, legal or business entity.

l IV. INTERROGATORIES AND DOCUMENT REOUESTS

1. Intervenor's response to GPC's first set of interrogatories stated that he would "be supplementing these responses, particularly the response to interrogatory No. 12

[regarding each specific incident Intervenor intends to or may raise at the hearing to prove the Board-admitted contention) when he further formulates additional issues."

Intervenor's Response to the First Set of Interrogatories of Georgia Power Company, June 2, 1993, at 1. Intervenor has not yet provided a supplemental response to interrogatory 12 from GPC's first set of interrogatories.F GPC requests that Intervenor supplement his response to this interrogatory and produce any documents identified in the supplemental r esponse.

F Intervenor provided a supplemental response to GPC's first set of interrogatories on June 30, 1993, but it did not supplement Intervenor's previous response to interrogatory 12.

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2. Identify all communications, including but not i limited to meetings, interviews, telephone conversations and 1

correspondence, which you or your counsel have had concerning the allegations in the Petition or the Amended l

l Petition or any other allegations which you intend to or may J raise in this proceeding (other than communications related 1

to the illegal license transfer allegation and other than i 1

such communications which were identified to GPC in l Intervenor's previous responses to interrogatories in l connection with this proceeding), including but not limited to those with:

a. any employee of the NRC;

b. any employee of the U.S. Department of Justice;

c. any member, staff person or other representative of the U.S. Congress; and i

d. any other person.

3. With respect to each communication identified in interrogatory 2 above, if a written communication, in addition to the information required by Instruction II.D, identify all persons who received a copy and produce a copy of each such consunication.

4. With respect to each communication identified in interrogatory 2 above, identify other documents which in any 4

manner discuss or relate to such communications and produce a copy of each document.

5. Identify each person, other than those persons identified in previous responses to interrogatories in connection with this proceeding, whom you contend has any information or knowledge relating to any facts supporting any of the allegations made in the Amended Petition (other than the illegal license transfer allegation), and for each person identified, provide a brief summary of the knowledge or information possessed.

6. Identify each person retained, employed, interviewed or consulted by you (or whom you plan to retain, employ, interview, or consalt with) in preparation for the hearing of this matter (other than with respect to the illegal license transfer allegation) who is not expected to be called as a witness at the hearing.

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Dated: May 6, 1994.

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. J ohn Lamberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3360 i

Ernest L. Blake, Jr., Esq.

l David R. Lewis, Esq.

SHAW, PITTMAN, POTTS &

TROWBRIDGE l 2300 N Street, NW l Washington, DC 20037 r

(202) 663-8084 l

Counsel for Georgia Power l Company i

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a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3 e_t al.

• 50-425-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, * (Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge

• Stewart D. Ebneter Peter B. Bloch, Chairman Regional Administrator Atomic Safety and Licensing USNRC, Region II Board 101 Marietta Street, NW U.S. Nuclear Regulatory Suite 2900 Commission Atlanta, Georgia 30303 Washington, D.C. 20555 Office of the Secretary

• Administrative Judge

• U.S. Nuclear Regulatory James H. Carpenter Commission Atomic Safety and Licensing Washington, D. C. 20555 Board ATTN: Docketing and Services 933 Green Point Drive Branch Oyster Point Sunset Beach, NC 28468 Charles Barth, Esq.*

Office of General Counsel Administrative Judge

• One White Flint North Thomas D. Murphy Stop 15B18 Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D'. C. 20555 Commission Washington, D.C. 20555 Director, Environmental Protection Michael D. Kohn, Esq.** Division Kohn, Kohn & Colapinto, P.C. Department of Natural 517 Florida Avenue, N.W. Resources Washington, D.C. 20001 205 Butler Street, S.E.

Suite 1252 Office of Commission Appellate Atlanta, Georgia 30334 Adjudication

• One White Flint North 11555 Rockville Pike Rockville, MD 20852 ATTENTION: Docketing and Service Branch l

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DCCKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOABDFICE OF SECRE TARY DOCKEIlhG & 5ERVICF BRANCH In the Matter of

• GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3 gt al. * , 50-425-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE This is to certify that copies of the within and fore-going " Georgia Power Company's Third Set of Interrogatories and Request for Documents to Allen L. Mosbaugh" were served upon the persons listed on the attached service list by United States Mail, first class, by overnight express mail (as indicated by an asterisk), or by facsimile (as indicated by a double asterisk).

This is the 6th day of May, 1994.

AY n Lamberbki' ROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3360

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