ML20045G929

Intervenor Supplemental Response to Georgia Power Co First Request for Production of Documents & Response to Interrogatory Questions.* Related Correspondence

ML20045G929
Person / Time
Site:	Vogtle
Issue date:	06/30/1993
From:	Kohn M GEORGIA POWER CO., KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Bloch P, Carpenter J, Murphy T Atomic Safety and Licensing Board Panel
Shared Package
ML20045G930	List: ML20045G929 ML20045G934
References
CON-#393-14096 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9307160155
Download: ML20045G929 (7)

Text

. _ - _ _ _

WUTED 00RRESPONDENCE Dated:

June 30]1353 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 93 <T1 -8 P #' :55 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

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

)

In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3

_e1 i, )

) 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 SUPPLEMENTAL RESPONSE TO GEORGIA POWER COMPANY'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND RESPONSE TO INTERROGATORY QUESTIONS l

On the basis of the conference held between respective counsel for GPC, Intervenor, and NRC Staff on June 29, 1993, Intervenor has agreed to supplement his response to Georgia Power Company's document requests and interrogatory questions. On the

. basis of this conference, Intervenor believes that the following

, supplement fully resolves any outstanding differences between GPC and Intervenor with respect to Intervenor's response to GPC's document requests and interrogatory requests.

SUPPLEMENTARY RESPONSE TO DOCUMENT REOUESTS NOS. 1-11 Intervenor will make available all documents in his possession and control, save documents identified as being withhe'ld under the attorney-client and/or the work product doctrine. Included in this document production will be the Six 9307160155 930630 0

{DR ADOCK 05000424 ]p5 PDR

, 4 i

1 i l

Tape recordings, any documentation retained by Mr. Mosbaugh j i

j prepared for or provided to NRC-OI, and documents disclosed to any other third party, including Congress. Said documentation l

l will be available at the law firm of Kohn, Kohn & Colapinto, 517

Florida Ave., N.W., Washington, D.C., prior to the close.of i

l business on July 1, 1993.  ;

i

! An index of all documents being withheld under-the attorney-l client and/or work product privileges currently in the possession i

l of Intervenor's counsel will be served on GPC's counsel by July i 1, 1993. These documents have been carefully reviewed by I Intervenor's counsel. Documents protec.ted under attorney-client 1

! l

privilege are limited to documentation that has not been released 4

to any third party (including NRC-OI or Congress) and is limited j to written communications between Intervenor and his counsel.

I l

Intervenor's counsel has also carefully reviewed documents j protected under the work product privilege. All such documents )

identified have not been released to any third party (including NRC-OI or Congress), and are limited in scope to notes and draft documents prepared by counsel.

Intervenor's counsel will seek a release from Marvin Hobby to gain complete access to documents that relate to allegations Intervenor seeks. to litigate before the ASLB. Assuming Mr. Hobby complies with this request, the parties have jointly agreed that such documentation will be made available by July 20, 1993, at the law office of Kohn, Kohn & Colapinto.

! SUPPLEMENTAL RESPONSE TO INTERROGATORY NOS. 1-3.

t t

By July 1, 1993, at 4:00 p.m., Intervenor will make i available to GPC the Six Tapes and all documentation in his control and possession that he has ever provided to NRC-OI and/or any other office'of the NRC. This documentation should provide sufficiently detailed information concerning Mr. Mosbaugh's i

j knowledge of the date and time of, the-participants in, and the f subject matter of relevant conversations so as to adequately .

respond to GPC's interrogatory questions.

{

Intervenor further agrees to file additional supplemental i

j information with respect to these interrogatories should GPC so.

desire after their review of the Six Tapes and documents provided i

l to NRC-OI.

l

?

SUPPLEMENTAL RESPONSE TO INTERROGATORY NOS. 5-6.

I j Intervenor believes that the total number of tapes. initially I

turned over to NRC-OI was 277, of which 201 were returned by NRC e

! to Intervenor. Intervenor further believes that one additional l tape, consisting of excerpts of the Six Tapes was provided to

! Larry Robinson in conjunction with separate written allegations

. responding to statements contained in GPC's response to i Intervenor's 2.206 petition.

il

! Intervenor further states that all documents that index, l transcribe or summarize, in whole or part, any tape recordings, i

are encompassed by the documents Intervenor provided to NRC-OI.

These documents will be made available to GPC on July 1, 1993.

I

_ .3 -

i 4

,-r.-,- -y . - -- r_,-m - - , . , ...% ,_ g ..m,, ,,,-,.7_,,,_m,,,q, , , , , , ..v,._.y,._ . _ , . . ~ , , e, ,--,,,,-,-,,.,.,--..9., y

I Furthermore, Intervenor has agreed to identify any work _

product and/or attorney-client communications that contain any transcribed portions of the tape recordings. A list of any such l 1

documents will be provided to GPC on July 1, 1993.

The scope of documents released to Congressman Dingell's subcommittee and the second governmental entity consists of the Six Tapes and certa,in memorandums Intervenor provided to NRC-OI.

Intervenor's counsel provided Congressman Dingle with an additional memorandum prepared by M. Kohn. This memo was not released to any other entity. All of this documentation in the control and possession of Intervenor will be made available to GPC on July 1, 1993, together with a ist of all such documents that correlate to the documents turned over to NRC-OI.

SUPPLEMENTAL RESPONSE TO INTERROGATORY NOS. 7-8.

During the course of his deposition in Case No. 90-ERA-58, and during testimony given by Mr. Mosbaugh in Case No. 91-ERA-11, Intervenor presented extensive testimony concerning the custody and control of the 277 tapes provided to NRC-OI. With the exception of the 201 tapes returned to Allen Mosbaugh, Intervenor has no information related to NRC's custody or control of the 76 original tapes Mr. Mosbaugh originally delivered to NRC-OI, except for the limited times in which representatives of the NRC-OI reviewed tapes and transcripts with Mr. Mosbaugh. Between the Fall of 1990 and the Summer of 1991 representatives of OI would arrange to meet with Mr. Mosbaugh in the Augusta, Georgia area for the purpose of having Mr. Mosbaugh review portions of the 76

.,__.__,_--,m._.,

tapes. During these meetings Mr. Mosbaugh was informed by OI that the OI was treating the tapes as evidence. From Mr.

Mosbaugh's own observation, the tapes appeared to be well i protected and under the control of OI at all times. .

Regarding communications received from Congress, oral assurances of confidentiality were granted by Dingell's staff.

Intervenor and his counsel have no written record of the date, time or place of these communication. Nonetheless written communication relating to the custody and control of the' tapes was provided to Congressman Dingell by Michael Kohn in a letter dated July 29, 1992. This letter will be.made available to GPC commencing July 1, 1993.

Intervenor provided NRC-OI with a release from a confidentiality agreement in an effort to obtain an affidavit from Larry Robinson with respect to testimony relevant to 91-ERA-

11. A copy of this release, and any other communications between Intervenor and'NRC will be made available on July 1, 1993.

SUPPLEMENTAL RESPONSE TO INTERROGATORY NOS. 10-11.-

1 Intervenor has had the following communications with third l i

parties (outside communications related to his Department of Labor cases) that concern allegations Intervenor' intends to raise in this proceeding:

1. John Aufdenkampe. Mr. Aufdenkampe stated to Intervenor that he was being " hounded" by lawyers to sign an affidavit the lawyers had prepared concerning the late afternoon April 19, 1990 conference call to which he recalled George Hairston being a l

1

, . - .. , ,-. . . , . . , , ,, _ , , , . - , _ _ . . . _...,.,%,,, . . . . ,._,,---....-,l

1

! l

i i

party. At that time he further identified the other participants to the conference call (McCoy, Shipman, stringfellow, Bockhold, ,

l l Mosbaugh and Aufdenkampe). Mr. Aufdenkampe. told Mr. Mosbaugh i

3, that he remembered Hairston being on the call. Mr. Aufdenkampe further stated that the lawyers had told him that he was the only l one who remembered Hairston being on the call. During a subsequent conversations, Mr. Aufdenkampe told Mr. Mosbaugh that he had eventually signed a version of an affidavit.which stated i .

i that Hairston was on the call but not on the portion of the call l dealing with the diesels.

1

! 2. Yohan Ritter (a former Vogtle employee), in or about a

i early 1991, stated to Intervenor that he had told LeGrand that I

FAVA violated NRC requirements prior to its installation; and i that he and other persons in the health physics department J

be

lleved that Mr. Mosbaugh's allegations related to FAVA were l 1

correct.

i l SUPPLEMENTAL RESPONSE TO INTERROGATORY NOS. 13-14.

! On July 1, 1993, Intervenor will provide the Six Tapes to e

j GPC together with all documentation in his control and possession 4

i that wara Lurned over to NRC-OI. This documentation identifies i

the communications he had on April 19, 1990 relating to LER 90-l 006. It further identifies the portions of oral communications Intervenor listened to, the participants to the oral communications, describes statements made by Intervenor with respect to Plant Vogtle Unit 1 diesel generators, and identifies l other documents comprising, referring or relating to such

- ._. _ .. _ ,...~.. . . . _ . - . _ _ _ _ - ~ _ - ,

communications. In addition thereto, Intervenor recollects that additional conversations are contained on tapes in the possession of NRC-OI.

Intervenor has no recollection of a conversation that was ,

not tape recorded which occurred on April 19, 1990 concerning LER-90-006.

SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 32.

The "other documentation" consists of a written memorandum'  !

from Allen Mosbaugh to NRC, entitled " Georgia Power /SONOPCO 2.206 Petition Response is Filled with Lies" and the document entitled ,

" Georgia Power /SONOPCO Response to 2.206 Petitioner is Lies, Smoke, and Mirrors." This document was given to NRC-OI in June of 1991. To a lessor extent, this reference refers to all other documentation Intervenor provided to NRC-OI that was not previously released to GPC. This document is being made available to GPC on July 1, 1993.

Respectfully submitted, l l

M ~

Michael D. Kohn KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 Dated: June 30, 1993 1