ML20044F769
| ML20044F769 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 05/26/1993 |
| From: | Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Bloch P, Carpenter J, Murphy T Atomic Safety and Licensing Board Panel |
| References | |
| CON-#293-13995 OLA, OLA-3, NUDOCS 9306010028 | |
| Download: ML20044F769 (2) | |
Text
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'93 mY 26 P2 :46 May 26, 1993
,r-l Peter B.
Bloch, Esq., Chairman Thomas D. Murphy Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Dr. James H.
Carpenter Washington, DC 20555 Administrative Judge Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission
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Washington, DC 20555 t
In the Matter of GEORGIA POWER COMPANY, et al.
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(Vogtle Electric Generating Plant, Units 1 and 2)
Docket Nos. 50-424-OLA-3 and 50-425-OLA-3
Dear Administrative Judges:
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Reference is made to the Licensing Board's Order of May 24, 1993.
The NRC is not a party to any agreement between the Licensee and the Intervenor concerning the time to reply to discovery requests, nor have we received such agreement.
However, the terms of that order might be construed to apply to the Staff.
The Staff previously advised the Licensee by letter of May 12, 1993 (copy attached), that the Licensee's request to the Staff for the production of documents did not comply with the provisions of 10 C.F.R. 5 2.744, but that the Staff would determine which' sufficiently identified documents it should produce under the regulation and would notify the Licensee of when and where such.
records would be produced, and our objections to producing other documents.
The Staff is actively engaged in having its various offices preparing lists of sufficiently identified documents it may have i
which should be produced pursuant to a proper request under 10 C.F.R.
S 2.744, and those which the Staf f would exercise its rights to object to producing under the terms of that regulation.
Our search is, of course, limited to documents relating to an alleged illegal take over of the operation of the Vogtle facility by SONOPCO and the number of diesel starts listed in LER 90-06.
i The Licensee is similarly restricting its production of documents in response to Mr. Mosbaugh's request.
See letter from John 9306010028 930526 '
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4 Lamberski to the Licensing Board dated May 7, 1993, first paragraph on page 2.
Upon completion of this task, the Staff will advise the parties and the Board of the Staff's determination and make those documents available which would be available to the parties upon a proper request under 10 C.F.R. S 2.744.
Sincerely, AboldY Charles A. Barth Counsel for NRC Staff cc: Service List I'
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.t UNITED STATES
((8 1 i j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20 % 5-0001 g; I f
May 12, 1993 i
John Lamberski, Esq.
Trautman Sanders Nationsbank Building Suite 5200 600 Peach Street, N.E.
Atlanta, Georgia 30308
Dear Mr. Lamberski:
We have received " Georgia Power Company's First Request for Production of Documents By The NRC Staff," dated May 3, 1993, which seeks to have the Staff produce documents in this proceeding, pursuant to 10 C.F-.R. S 2.744.
Although the request itself and the
" Instructions" it contains do not comply with that regulation or meet the regulatcry predicates for requests of the Staff for the production of documents, the Staff is presently determining which sufficiently identified documents it should produce under that regulation.
The " Instructions" and time periods you set out in the request seem to be applicable to general discovery, and not to the production of documents under 10 C.F.R. 5 2.744.
When a determination is made by
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the Staff of the documents it should produce under 10 C.F.R. 5 2.744, we will notify you of where and when such documents may be examined and our objections to producing other documents.
Sincerely YNg Charles A.
Barth Counsel for NRC Staff cc:
Carol Evans, Regional Counsel, Region II Service List I