ML20034G740

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Georgia Power Co Notice of Appeal of Board 930218 Memorandum & Order Admitting Party & Georgia Power Co Brief in Support of 930304 Notice of Appeal.* Brief Encl
ML20034G740
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 03/04/1993
From: Lamberski J
GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:
Shared Package
ML20034G741 List:
References
CON-#193-13678 96-671-01-OLA-3, 96-671-1-OLA-3, OLA-3, NUDOCS 9303110126
Download: ML20034G740 (4)


Text

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r.xrt:tD U5NEC 0-93 tmR -5 Ali :45 UNITED STATES OF AMERICA h[f, f,N[

NUCLEAR REGULATORY COMMISSION Lk A!;L **

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In the Matter of 1

O oEORcIA POWER COMPANY, Docket Nos. bu-424-OLA-3 et al.

S0-425-OLA-3 I

(Vogtle Electric Re: License Amendment Generating Plant, (Transfer to Southern

., 0 Units 1 and 2)

Nuclear) l ASLBP No. 96-671-01-OLA-3 i

e GEORGIA POWER COMPANY'S NOTICE OF APPEAL OF THE LICENSING BOARD'S FEBRUARY 18, 1993

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MEMORANDUM AND ORDER ADMITTING A PARTY l

AND GEORGIA POWER COMPANY'S BRIEF IN SUPPORT IO OF ITS MARCH 4, 1993 NOTICE OF APPEAL

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l John.Lamberski O

Counsel for i

Georgia Power Company

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March 4, 1993 i

~O 9303110126 930304 PDR ADOCK 05000424 O

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4 UNITED STATES OF AMERICA O

NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION l

l A3 In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 gt al.

50-425-OLA-3

O Re: License Amendment (Vogtle Electric (Transfer to Southern Generating Plant, Nuclear)

Units 1 and 2)

O GEORGIA POWER COMPANY'S NOTICE OF APPEAL OF THE LICENSING BOARD'S FEBRUARY 18, 1993 i

MEMORANDUM AND ORDER ADMITTING A PARTY lO I.

Introduction.

Georgia Power Company hereby petitions the Commission, pursuant to 10 C.F.R.

S 2.714a, for review of an order of

!O the Atomic Safety and Licensing Board (the " Board") in this proceeding granting a petition for leave to intervene and request for hearing.

O II.

Eackaround.

This license amendment proceeding involves an 4

application filed by Georgia Power Company ("GPC") with the Nuclear Regulatory Commission ("NRC") on September 18, 1992 to amend the Plant Vogtle Units 1 and 2 operating licenses.

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i UNITED STATES OF AMERICA l

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NUCLEAR REGULATORY COMMISSION t

BEFORE THE COMMISSION i

~O In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 gi gl.

50-425-OLA-3 l

O Re: License Amendment l

(Vogtle Electric (Transfer to Southern Generating Plant, Nuclear)

Units 1 and 2) t O

i GEORGIA POWER COMPANY'S NOTICE OF APPEAL OF THE LICENSING BOARD'S FEBRUARY 18, 1993 MEMORANDUM AND ORDER ADMITTING A PARTY

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I.

Introduction.

Georgia Power Company hereby petitions the Commission, I

pursuant to 10 C.F.R.

S 2.714a, for review of an order of O

the Atomic Safety and Licensing Board (the " Board") in this proceeding granting a petition for leave to intervene and l

request for hearing.

i 13 i

i II.

Backcround.

j This license amendment proceeding involves an

'C) application filed by Georgia Power Company ("GPC") with the i

Nuclear Regulatory Commission ("NRC") on September 18, 1992 to amend the Plant Vogtle Units 1 and 2 operating licenses.

O 1

i

l iO The application seeks to allow the transfer of authority to O

j operate Plant Vogtle from GPC to Southern Nuclear Operating Company (" Southern Nuclear").

Notice of the application and an initial finding of no significant hazards considerations lO l

was published in the Federal Ret;. ster on October 14, 1992.

57 Fed. Reg. 47127, 47135-36.

Following the publication of i

j this notice, Messrs. Allen L. Mosbaugh and Marvin B. Hobby 10 l

filed a petition to intervene on October 22, 1992.

The Borrd was established on November 13, 1992 to rule on l

intervention petitions and to preside over the proceedings 40 l

in the event that a hearing is ordered.

57 Fed. Reg. 54430.

l The Board dismissed Mr. Hobby from this proceeding by order i

i dated November 17, 1992 (LBP-92-32) and no appeal van taken.

C)

After Mr. Mosbaugh filed an amended petition on l

December 9, 1992, the Board ordered a prehearing conference which was held on January 12, 1993.

Following receipt of O

additional information and briefs, requested by the Board on January 15, 1993, the Board issued an order on February 18, 1993 ruling on Mr. Mosbaugh's petition to intervene, as I

amended.

The Board's February 18, 1993 Order, among other things, admitted Mr. Mosbaugh as a party to this proceeding, and admitted one reconstituted contention.

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t The application seeks to allow the transfer of authority to g3 operate Plant Vogtle from GpC to Southern Nuclear Operating i

Company (" Southern Nuclear").

Notice of the application and t

an initial finding of no significant hazards considerations 3

i

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was published in the Federal Register on October 14, 1992.

f f

57 Fed. Reg. 47127, 47135-36.

Following the publication of i

i this notice, Messrs. Allen L. Mosbaugh and Marvin B. Hobby (3

filed a petition to intervene on October 22, 1992.

The Board was established on November 13, 1992 to rule on I

i l

intervention petitions and to preside over the proceedings I O 5

in the event that a hearing is ordered.

57 Fed. Reg. 54430.

[

The Board dismissed Mr. Hobby from this proceeding by order l

dated November 17, 1992 (LBP-92-32) and no appeal was taken.

l O

After Mr. Mosbaugh filed an amended petition on December 9, 1992, the Board ordered a prehearing conference which was held on January 12, 1993.

Following receipt of

O additional information and briefs, requested by the Board'on 1

January 15, 1993, the Board issued an order on Febrcary 18, 1993 ruling on Mr. Mosbaugh's petition to intervene, as i

i

O amended.

The Board's February 18, 1993 Order, among other

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l things, admitted Mr. Mosbaugh as a party to this proceeding, j

f and admitted one reconstituted contention.

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t III.

Grounds for Anneal.

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GPC files this appeal on the ground that Mr. Mosbaugh's J

j October 22, 1992 Petition to Intervene and his December 9, l

{

1992 Amended Petition to Intervene, should have been wholly

<3 denied by the Board.

In accordance with 10 C.F.R.

S 6

i 2.714a(a), GPC submits herewith a brief in support of this l

Notice of Appeal.

IO j

Respectfully submitted, i

/

i O

j y,

e-ohn Lamberski f

TROUTMAN SANDERS Suite 5200 O

600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3360 Ernest L.

Blake, Jr.,

Esq.

O David R.

Lewis, Esq.

SHAW, PITTMAN, POTTS &

TROWBRIDGE 2300 N Street, NW Washington, DC 20037 O

(202) 663-8084 f

Counsel for Georgia Power Company e

O DATED:

March 4, 1993 i

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