ML20045A706

Intervenor Response to First Request for Documents by Util.* List of General Objections Applying to Each & Every Document Provided.Related Correspondence

ML20045A706
Person / Time
Site:	Vogtle
Issue date:	06/04/1993
From:	Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#293-14019 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9306110236
Download: ML20045A706 (3)

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/ O itELATED CORRESPONDENCE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

'93 J1: -A p *~9 Before Administrative Judges:

Peter B. Bloch, Chair Dr. James H. Carpenter Thomas D. Murphy

)

In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 pl a_1.._, )

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 INTERVENOR'S RESPONSE TO THE FIR 8T REQUEST FOR DOCUMENTS BY GEORGIA POWER COMPANY General Obiections The following is a list of general objections which apply to each and every document requested by GPC:

Attornev Client and Work Product Privilece Intervenor objects to this to the extent it requests production of documents protected from disclosure by privilege, including the work product privilege, informant's privilege, and attorney-client privilege.

l Documents in Possession of NRC Intervenor further objects to the extent that the document request seeks documents duplicative of documents sought from NRC l l

staff. Intervenor notes that Counsel to NRC Staff, Charles Barth, l

has advised counsel to licensee, John Lamberski, that NRC will make '

the documents it requested available for examination. Intervenor objects to producing documents duplicative of those to be produced by NRC on the grounds of undue burden and hardship, and on the 9306110236 930604 PDR ADOCK 05000424 <

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grounds that such documentation is protected from disclosure under j the informant's privilege.

Overly Broad and Burdensome Intervenor further objects on the grounds that the requests are overly broad and unnecessarily burdensome given the detail I requested, cost involved, time required for such detail the limited  ;

amount of time available to answer and are inconsistent with 10 C.F.R. 5 2.740 (a) (2).

Tape Recordincs in the Possession of Intervenor's Counsel Intervenor objects to producing the tape recordings in his counsel's possession on the basis of the attorney work product i privilege and on the basis of his right to depose certain persons prior to the release of any tapes to GPC. Intervenor notes that a motion for protective order is currently pending with the Atomic Safety and Licensing Board with respect to the claimed privilege and with respect to Intervonor's right to conduct depositions prior to the release of the tapes.

Documents Prepared by Allen Mosbauch Under Grant of Confidentiality by NRC Allen Mosbaugh was granted confidential alleger status in June of 1990. As a confidential alleger, Mr. Mosbaugh's written communications to NRC that directly relate to allegations are protected from disclosure under the informer's privilege and are further protected from disclosure to the extent that the documents were provided to NRC based on a promise of confidentiality. See, e.a., Houston Li_ghtina and Power Co., 13 N.R.C. 469, 473 (1981);

and 10 C.F.R. 6212. Additionally, Mr. Mosbaugh respectfully 2

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I objects to the production of documents as the release could interfere with the current federal investigation and, as such, ,

I intervenor incorporates herein any objection (s) NRC may interpose. 1 Response to Specific Reauests Request No. 1: These documents may be obtained from the public record of the Section 210 proceedings related to Allen Mosbaugn, the NRC OI investigation records related to allegations filed by Allen Mosbaugh, the record created in the 2.206 petition proceedings in which Allen Mosbaugh has been or is a party, the NRC records related to all investigations concerning Allen Mosbaugh's safety concerns, the Section 210 proceedings related to all persons who have filed a Section 210 case against GPC, the NRC OSI investigation records regarding the OSI investigation conducted at Plant Vogtle in the summer of 1990, the Section 210 proceeding records related to the case of Marvin Hobby, the Section 210 case related to the claims and settlement (s) of John Fuchko and Gary Yunker. See response to Request No. 7. Intervenor will supplement this response.

Request No. 2: See response to Request No. 1.

Request No. 3: See response to Request No. 1. -

Request No. 4: See response to Request No. 1.

Request No. 5: See response to Request No. 1.

Request No. 6: See response to Request No. 1.

Request No. 7: See response to Request No. 1. Additionally, documents relevant to this request may be in the possession of Dr.

Don Soeken. Intervenor has not yet selected the expert witnesses 3

he will call at the hearing in this proceeding. Once this selection is made, Intervenor will supplement this response.

Request No. 8: See response to Request No. 1 and 7.

Request No. 9: See response to Request No. 1.

Request No. 10: See response to Request No. 1.

Request No. 11: See response to Request No. 1.

Request No. 12: See response to Request :10. 1.

Respect lly submitted, ic a D. Kohn Stephen M. Kohn KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202)234-4663 6

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