ML20045D235

Affidavit of MD Kohn in Support of AL Mosbaugh

ML20045D235
Person / Time
Site:	Vogtle
Issue date:	06/09/1993
From:	Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:
Shared Package
ML20045D232	List: ML20045D231 ML20045D235 ML20045D241
References
93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9306280118
Download: ML20045D235 (6)

Text

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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 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

.e_t AL_, )

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

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OT MICHAEL D. KOHN My name is Michael D. Kohn and I am over the age of 18. The following statements are made under the pains and penalties of perjury and are true and correct to the best of my knowledge and belief.

1. I am a licensed attorney in the District of Columbia and a partner with the law firm of Kohn, Kohn &

Colapinto, P.C. in Washington, D.C. My law firm began representing Mr. Allen L. Mosbaugh in May of 1990. At that time Mr. Mosbaugh retained my law firm to represent him with respect to proceedings before the U.S. Nuclear Regulatory Commission

("NRC") based, inter alia, on tape recorded evidence concerning criminal wrorgdoing on the part of Georgia Power Company and Southern Nuclear Operating Company, an'd before *he U.S.

Department of Labor (" DOL") with respect to whistleblower EXHlBIT I 930628011G 930610 EAGE I OF I PDR ADOCK 05000424- 5' O. .PDR '

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discrimination allegations under Section 210 of the Energy Reorganization Act, 42 U.S.C. 5 5851.

2. The method I chose to employ to properly represent Mr. Mosbaugh during legal proceedings before the NRC and, subsequently, before the DOL was as follows: After discussions with my client, wherein he would identify a sequence of events, Mr. Mosbaugh was instructed by counsel to make excerpts of relevant taped conversations. Mr. Mosbaugh made excerpted segments from the original recordings and produced six tape recordings of excerpted conversations (hereinafter "Six Tapes").

3. The excerpted segments of the Six Tapes represent portions of 277 original tape recordings, which after consulting with Mr. Mosbaugh about the facts of the case, I deemed were significant and necessary to prepare for Mr. Mosbaugh's litigation.

4. Mr. Mosbaugh, at his counsel's instructions, preparad the Six Tapes for his counsel's preparation of litigation. I had the Six Tapes produced as preparatory material for the filing of a petition with the NRC pursuant to 10 C.F.R. 5 2.206, with respect to confidential proceedings Mr. Mosbaugh had initiated with the NRC Office of Investigations ("OI") in June of l

1990, and later I relied on these excerpted recordings to prepare for Mr. Mosbaugh's then pending Section 210 case, DOL Case No. I 90-ERA-58. i

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5. The creation of the Six Tapes constitutes my work product inasmuch as they represent information I identified for

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duplication and integrates this information into an organization sequence of my choosing, while it also edited out information I deemed irrelevant.

6. The Six Tapes are only excerpted segments recorded from the original 277 tapes made by Mr. Mosbaugh.

7. In September of 1990, after Mr. Mosbaugh had created the Six Tapes he turned over all of his original tape recordings to NRC-OI. Mr. Mosbaugh and his counsel did not maintain any copies of the original recordings other than the excerpted segments referred to as the Six Tapes. >

8. The NRC is still in possession and control of the 76 original recordings from which some of the Six Tapes were excerpted.

9. Neither Mr. Mosbaugh nor his counsel _have possession of or access to the 76 original tape recordlags from which some of the Six Tapes were excerpted. Georgia Power has already received copies of 201 of the original tape recordings which were returned by the NRC and, thus, Georgia Power has copies of some of the information contained in the Six Tapes.

10. I have scrupulously attempted to protect my work product from disclosure for two reasons. First, release of this information would expose my legal strategy and trial preparation to an adversary by, inter alia, revealing to Georgia Power those conversations, or portions of conversations, Mr. Mosbaugh's counsel believes might have l'egal sign'ificance. Second, the NRC Office of Investigations made clear to me that information EXHIBIT RAGE 3 OF 5

contained in my work product, if released to Georgia Power Company, would compromise the integrity of the criminal investigations Mr. Mosbaugh initiated with NRC's Office of Investigations in June of 1990. This belief is supported by~the fact that the Six Tapes include segments from the 76 original tapes which are still being withheld by the NRC pursuant to its ongoing law enforcement proceedings related to Mr. Mosbaugh's allegations.

11. Without waiving any privileges, I hereby state that in July of 1992, my law firm was contacted by an investigator with the U.S. House of Representatives Subcommittee on Oversight and Investigations of the Committee on Energy and Commerce (hereinafter " House Subcommittee"). On July 28, 1992, I received, by hand delivery, a letter from Rep. John D. Dingell, Chairman, House Subcommittee, requesting copies of all tapes.

The Six Tapes were released to a member of the House Subcommittee's staff on July 29, 1992 with the express understanding that I was cooperating with the U.S. Congress on a confidential and privileged basis and that the tapes were to be kept confidential and were not to be released to Georgia Power.

12. Without waiving any privilege, I hereby state that after the institution of these licensing proceedings I received an inquiry from another governmental entity with investigatory powers. All communications with this governmental entity have

. been kept strictly co'nfidential and ar,e expressly understood that  ;

such communications are confidential and privileged.

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JUN 08 '93 23:32 AT&T FAX 5300

13. I categorically state that I (including my law firm and individuals amployed or associated with na or my law firm) have never released any tape rooording(s) or any portions and/or excerpts and/or sogmente of any tapa recording (s) that in any way relate to Mr. Hoobaugh, the site Area Emergoney or any other r,atter concerning Georgia Power Company, to the news media.

14. Heither I nor anyone assoojated with my law firm havo or has first hand knowledge about how a segment of a tapa recording came to be aired by NBC. At no time did I or anyone associnted with my law firn provide NBC with any tapa recording or segment of a tape rfcording that hus' ever been or still la in my control or possession.

AFFIANT GAYBTH FURTHER NOT,

/N 7% (n ~~ 9 " $ 3 Michaal D Kohn Date ,

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