ML20034G724
| ML20034G724 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 03/04/1993 |
| From: | Hayes B NRC OFFICE OF INVESTIGATIONS (OI), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20034G719 | List: |
| References | |
| 96-671-01-OLA-3, 96-671-1-OLA-3, OLA-3, NUDOCS 9303110094 | |
| Download: ML20034G724 (3) | |
Text
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March 4,1993 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos.
50-424 OLA-3 GEORGIA POWER COMPANY, et al.
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50-425-OLA-3
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(Vogtle Electric Generating Plant
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Re: Licensee Amendment (Transfer Units 1 and 2)
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to Southern Nuclear)
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ASLBP No. 96-G71-01-OLA-3 AFFIDAVIT OF BEN B. HAYES I, Ben B. Hayes, first being duly sworn, depose and state:
1.
I am Director, Office of Investigations, U.S. Nuclear Regulatory Commission. The Office ofInvestigations (OI), pursuant to 10 C.F.R. 61.36, conducts investigations of alleged wrongdoing by licensees, applicants and vendors, or their contractors. As such, my responsibilities include investigating alleged violations of NRC 4
rules and regulations. The investigative results are provided to the Staff for cisil enforcement purposes and the Department of Justice for criminal prosecution.
2.
An administrative proceeding is currently pending before the Atomic Safety i
and Licensing Board (ASLB) as a result of the Licensing Board's February 18, 1993, Memorandum and Order (Admitting a Party).
l 3.
The purpose of this affidavit is to inform the ASLB presiding over the above-captioned NRC proceeding that OI is participating in a Department of Justice investigation of allegations of criminal misconduct by officials of Georgia Power Company.
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2-4.
I have read the Memorandum and Order, LBP-93-5, admitting Allen L.
l Mosbaugh as a party to this proceeding and setting out the issues to be litigated herein.
f This administrative proceeding and the ongoing criminal investigation appear to involve f
many of the same factual allegations. On the basis of my initial review of this matter, I
I believe that numerous witnesses and documents would be common to both the NRC's administrative proceeding and the ongoing investigation.
5.
Members of my Office have interviewed and have taken statements from persons and have accumulated documentary evidence pertinent to the investigation of alleged criminal misconduct. I understand that my investigation, persons interviewed, witness statements, and other materials could become subject to discovery requests by the I
Licensee and intervenor in the pending administrative proceeding. I further understand that any material obtained during the course of the 01 investigation might be subject to discovery requests. Such discovery requests could require the production of witness statements and other documents, and provide the intervenor and Licensee with knowledge
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of facts concerning the alleged criminal misconduct.
6.
Identifymg persons mterviewed in the course of the OI investigations and j
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providing intervenor and the Licensee with all statements obtained from these individuals, i
l as well as other documents, would reveal to the possible subjects of this investigation the scope of the evidence gathered by OI and now being icviewed by the Department of i
Justice. Discovery by the intervenor or Licensee in this pending action could threaten i
to disclose prematurely, information relating to possible criminal misconduct. Disclosure l
of such information would adversely affect the ongoing criminal investigations and any I
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subsequent civil enforcement action since such disclosure could lead to premature identification of prospective witnesses and statements.
F 7.
Accordingly, for these reasons, the NRC Office of Investigations requests i
a delay in the administrative proceeding of discovery of Ol's ongoing investigation f
I pending the completion of this investigation and pending completion of review by the l
Department of Justice. I believe these investigations and review of the allegations can i
be completed within four to six months.
8.
The matters stated above are true and correct to my best knowledge, information, and belief.
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Ben B. Hayes,djrec i
j Office of Investigati s i
4 Submitted and sworn before me this 4th da.y of Ma,rch 1993 Q,sc
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Ol'f'-25L47i I'! ' rana 4" El i
Notary Public My commission expires: d/I//M i
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