ML20045G940

Georgia Power Co First Supplementary Response to AL Mosbaugh First Set of Interrogatories. W/Certificate of Svc & Svc List.Supporting Affidavits Also Encl.Related Correspondence

ML20045G940
Person / Time
Site:	Vogtle
Issue date:	07/13/1993
From:	Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	AFFILIATION NOT ASSIGNED
References
CON-#393-14113 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9307160167
Download: ML20045G940 (14)

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DELATED COBRESPONDENCE SiI l

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g,

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+m BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of j

GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 gt al.

50-425-OLA-3 i

(Vogtle Electric Re: License Amendment (Transfer to Southern Generating Plant, Units 1 and 2)

Nuclear) f

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ASLBP No. 93-671-01-OLA-3 4

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l, GEORGIA POWER COMPANY'S FIRST SUPPLEMENTAL RESPONSE TO ALLEN L. MOSBAUGH'S FIRST SET OF INTERROGATORIES i

I.

INTRODUCTION.

Georgia Power Company ("GPC") hereby volunteers a

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supplemental response to Allen Mosbaugh's First Set of Interrogatories to Georgia Power Company, dated May 4, 1993.

l During a meeting to discuss discovery issues on June 29, l

1993, and in subsequent telephone conversations, GPC agreed I

to supplement its responses to four of Intervenor's interrogatories (nos. 15, 20, 53 and 54).

In providing this supplemental response, GPC does not waive any objections previously asserted.

In addition, GPC j

has neither agreed to extend nor otherwise waived the time 4

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i limitations for filing motions to compel contained in 10 1

C.F.R.

S 2.740(f).

j GPC incorporates into this supplemental response each l

of the definitions which are stated in GPC's June 2, 1993 Response.

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II.

GPC RESPONSES TO SPECIFIC INTERROGATORIES.1/

15.

Although GPC maintains that the accuracy of t.s April 1

9, 1990 GPC letter to the NRC is not at issue in this proceeding because it was not raised in Intervenor's Petition or Amended Petition, GPC agreed to supplement this e

response as it could bear on the circumstances surrounding preparation of the LER on April 19, 1990, which is at issue.

j The following statement in the April 9, 1990 letter was 1

not " fully accurate" when made:

l Since March 20, the 1A DG has been started 18 times, i

and the 1B DG has been started 19 times.

No failures or problems have occurred during any of these starts.

a.

(Hairston/ Bailey /McCoy/Bockhold)

GPC has concluded that the inaccuracy was not willful based on the intent of those GPC employees who drafted and finalized the letter.

1 1/ GPC's responses are numbered to correspond to the numbers of the interrogatories in Allen Mosbaugh's First Set of Interrogatories to Georgia Power Company, dated May 4, 1993.

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J b.

(Aufdenkampe/Bockhold)

Mr. Aufdenkampe recollects i

that he, Mr. Mosbaugh and Tom Webb became aware of the potential for an inaccuracy in the April 9, 1990 letter on or about April 13, 1990.

On April 19, 1990, while preparing the LER, there were a

discussions concerning diesel generator starts, at 4

i least some of which were recorded on the tape recordings made by Intervenor.

On April 30, 1990, Mr. Mosbaugh wrote a memorandum to Mr. Bockhold i

concerning the diesel generator starts.

On or 4

about May 2, 1990, Mr. Mosbaugh met with Mr.

Bockhold and verified the number of diesel

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generator starts listed in his April 30, 1990 memorandum.

c.

(Hairston/McCoy/Bockhold)

On April 19, 1990, Mr.

McCoy confirmed that NRC's Ken Brockman understood d

that there were diesel start failures on the 1B 2

diesel in the process of its coming out of maintenance.

Intervenor was subsequently assigned by Mr. Bockhold to correct the April 9th letter and April 19th LER as necessary.

GPC management 1

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made at least two telephone calls, on or about May 24 and June 14, 1990, to NRC Region II management to provide NRC with an update concerning GPC's.

L review of diesel generator starts data.

In addition, NRC Resident Inspectors at Plant Vogtle were informed of the updated information concerning the diesel generat.or starts data at various times during the May to June 1990 time frame.

In June 1990, an independent review of diesel generator start information was conducted 9

by the Plant Vogtle Safety Analysis and Engineering Review (SAER) group.

GPC also discussed the April 9, 1990 letter in the cover letter of GPC's June 29, 1990 revised LER 90-006-01 and in the August 30, 1990 letter to NRC.

In addition, during the August 1990 NRC Operational Safety Inspection at Plant Vogtle, GPC provided t

NRC inspectors with position papers concerning the diesel starts issue.

d.

Allegations, statements and other documents provided by Intervenor to NRC; transcripts of NRC-OI interviews of current and former GPC employees conducted in June and July of 1993; Documents referred to in GPC's June 2, 1993 Response Nos.

5.a, c,

d and e, 10.b(3)-(8),

d, and e, h, and 15.d.

4 20.

(McCoy)

GPC construes interrogatory no. 20 as requesting the identity of experts who have been retained in anticipation of litigation but are not expected to be called as witnesses.

GPC's prior response provided this information.

At the June 29th meeting, Intervenor indicated further interest in the identity of attorneys retained in anticipation of litigation.

While GPC does not agree that interrogatory 20 calls for this information, it states that the following law firms have been retained in connection with this proceeding.

Troutman Sanders, Atlanta, Georgia.

Shaw, Pittman, Potts & Trowbridge, Washington, D.C.

53. (McCoy) a.

(3)

Mr.

C. Kenneth McCoy departed Birmingham, Alabama at approximately 7:45 a.m.

CST and traveled by air to Atlanta, Georgia and proceeded to the offices of the Georgia Emergency Management Agency.

He departed Atlanta arriving in Birmingham, Alabama at approximately 2:15 p.m.

CST.

Mr. McCoy returned to the corporate office in Birmingham that afternoon.

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b.

Personal calendars of each of the above individuals, as well as travel records and schedule plans i

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j for Mr. Mcdonald.

Tape recordings made by Intervenor.

Telephone logs of calls made by Mr. McCoy on April 19, 1990.

1 4

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54.

Counsel for GPC obtained signed statements from the j

following individuals, which statements are related to the i

I Factual Bases:

1 a)

John G.

Aufdenkampe 3

b)

Thomas E. Webb

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c)

Norman Jack Stringfellow d)

W.

George Hairston, III GPC objects to producing copies of the foregoing statements on the grounds that they constitute attorney-client i

communications and that they were prepared by legal counsel in anticipation of litigation and, therefore, are subject to the attorney work product doctrine.

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Dated:

July 13, 1993.

e hn Lambe#skf TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

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

Esq.

David R. Lewis, Esq.

SHAW, PITTMAN, POTTS &

TROWBRIDGE 2300 N Street, NW Washington, DC 20037 (202) 663-8084 Counsel for Georgia Power Company l I

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'93 JUL 14 P 4 5 l

UNITED STATES OF AMERICA 3

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

i In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 et al.

50-425-OLA-3 i

(Vogtle Electric Re: License Amendment Generating Plant, (Transfer to Southern Units 1 and 2)

Nuclear) 4 ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE i

This is to certify that copies of the within and fore-4 going " Georgia Power Company's First Supplemental Response to Allen L. Mosbaugh's First Set of Interrogatories" and the affidavits appended thereto were served on all those listed on the attached service list by depositing same with an l

overnight, express mail delivery service.

This is the 13th day of July, 1993.

A7 ohd Lamber' ski" TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3360

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 d

i at al.

50-425-OLA-3 Re: License Amendment (Vogtle Electric Generating Plant, (Transfer to Southern Units 1 and 2)

Nuclear) 4 ASLBP No. 93-671-01-OLA-3 l

SERVICE LIST Administrative Judge Stewart D.

Ebneter Peter B.

Block, Chairman Regional Administrator Atomic Safety and Licensing USNRC, Region II Board 101 Marietta Street, NW U.S. Nuclear Regulatory Suite 2900 Commission Atlanta, Georgia 30303 1

Washington, D.C.

20555 Office of the Secretary Administrative Judge U.S.

Nuclear Regulatory James H. Carpenter Commission Atomic Safety and Licensing Washington, D.

C.

20555

^

Board ATTN:

Docketing and Services U.S.

Nuclear Regulatory Branch Commission Washington, D.C.

20555 Charles Barth, Esq.

Office of General Counsel I

Administrative Judge One White Flint North Thomas D. Murphy stop 15B18 Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S.

Nuclear Regulatory Washington, D.

C.

20555 Commission Washington, D.C.

20555

Director, Environmental Protection Michael D. Kohn, Esq.

Division Kohn, Kohn & Colapinto, P.C.

Department of Natural 517 Florida Avenue, N.W.

Resources Washington, D.C.

20001 205 Butler Street, S.E.

Suite 1252 Office of Commission Appellate Atlanta, Georgia 30334 Adjudication One White Flint North 11555 Rockville Pike Rockville, MD 20852 ATTENTION:

Docketing and Service Branch

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ~

i BEFORE THE ATOMIC SAFETY AMD LICENSING BO.ARD j

In the Matter of 4

Docket No. 50-424-OLA-3 GEORGIA POWER COMPANY, et al.

50-425-OLA-3 Re License Amendment j

(Vogtle Electric Generating Plant, 3 (Transfer to i

Units 1 and 2)

Southern Nuclear).

l ASLBP NO. 93-671-01-OLA-3 l

i AFFIDAVIT OF W.

GEORGE HAIRSTON. III i

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W.

George Hairston, III, being duly sworn, utate as follows:

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1.

I am employed by Georgia Power Company as the Executive j

Vice President - Nuclear Operations.

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2.

I am duly authorized to verify Georgia Power Company's j

First Supplemental Responsess to Allen L. Mosbaugh's First Set of Interrogatories; specifically, those responses to which my name i

i has been appended.

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I hereby certify that the statements and opinions in such i

responses are true and correct to the best of my personal i

knowledge and belief.

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W.

George Hairston, III Sworntoandsubscgdayof l

ibed before me this /JL Clufu 1993.

h Lu 2

l NotarygPublic My commission expires:

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION EEFORE THE ATOMIC SAFETY AND LICENSING BOAB,Q In the Matter of a

Docket No. 50-424-OLA-3 GEORGIA POWER COMPANY, e_t_ a_1 50-425-OLA-3 Re: License Anandment (Vogtle Electric Generating Plant, :

(Transfer to Units 1 and 2)

Southern Nuclear)

ASLBP NO. 93-671-01-OLA AFFIDAVIT OF JAMES A.

BAILEY I,

James A.

Bailey, being duly sworn, state as follows:

1.

I am employed by Southern Nuclear Operating Company, Inc. as the Manager of Licensing - Vogtle Project.

2.

I am duly authorized to verify Georgia Power Company's First Supplemental Response to Allen L. Mosbaugh's First Set of Interrogatories; specifically, those responses to which my name has been appended to the answer.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

G.k James A.

Bailey Sworn to and subsEribed befgre me this /27 day of 4,1 7 1993.

J W aA4 1.deJ/%

Notary Public

SCON IN S

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

a In the Matter of Docket No. 50-424-OLA-3 l

GEORGIA POWER COMPANY, et al.

50-425-OLA-3 I

Re: License Amendment (Vogtle Electric Generating Plant, :

(Transfer to i

Units 1 and 2)

Southern Nuclear)

ASLBP NO. 93-671-01-OLA-3 1

AFFIDAVIT OF C.

KENNETH McCOY I,

C.

Kenneth McCoy, being duly sworn, state as follows:

3 1.

I am employed by Georgia Power Company as the Vice

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President - Vogtle Project.

2.

I am duly authorized to verify Georgia Power Company's i

First Supplemental Response to Allen L. Mosbaugh's First Set of Interrogatories; specifically, those responses to which my name has been appended.

1

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I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

C.

Kenneth McCoy Sworn to and subscribed begore me this /2* day of fn dn 7 1993.

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% am d. 8:ted k Notary Pdblic I

My commission expires:

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kh-$dH.0,$,,-.ID:202-737-5773 JUL 12'93 20:24 No.019 P.02 UNTTED STATRS OF AMERICA NUCLEAR REGULATORY COMNI5f!CN asc=a rni EFsrc ame d Dwn LF"attue =ame n

In the Matter of Deeket Wo. 50-434 4Lh=2 GEORGIA 7075R COMPANY, g,ji 31 50-4ts-OLA-8 Ros Lisease Amendment t

(Transfer to (Vogtle Eltetric Generating Plant, seethera semelearl s

Units 1 and 2) a hsLSD NO. 93-471= 01=-01A-3 AFFIDAYIT of escmGE Bo m en. an.

I, Gmarge Bockhold, Jr., being duly sworn, state as follvWes nm employed by Southern Nuotsar operating Company, 1.

T Inc. as the Canara1 Manager - Hoolser Toohnical serviaee.

T am duly authorized to verify coorgio Power company's 2.

Firnt Supplemental Responsess to Allen L. Moebeugh's Final Set of Int'errogatories ; cpecifically, those roeponses to which my name has been appended to the answer.

I harshy certify that the statements and opinione in such responses are trus and correct to the best of my personal knowledge and belief.

Of b $

George Bockhola, Jr./

Sworn to and subscribed bettyre this /_.1 day of 1973.

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k&hdw Notary Public My c ss ires:

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SENT BY:WPC 49/0

7-12-93 ;12

11PM :

TROUTMAN SANDERS

• 205 877 7149 # 2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC BAFETY AND LICENSING BOARD In the Matter of Docket No. 50-424-OLA-3 GEORGIA POWER COMPANY, 11 11 50-425-OLA-3 Re License Amendment (Vogtle Electrio Generating Plant, (Transfer to Units 1 and 2)

Southern Nuclear)

ASLBP NO. 93-671-01-OLA-3 AZIIDAVIT OF JOKN G.

AUFDENKAMPE I, John G.

Aufdenkampe, being duly sworn, state as follows:

1.

I am employed by Southern Company Services, Inc., in Birmingham, Alabama.

2.

I am duly authorized to verify Georgia Power Company's First Supplemental Response to Allen L. Mosbaugh's First Set of Interrogatories; specifically, those responses to which my name has been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

Yw 4ohn G.

Aufd M:ampe / -

j Sworn to and subscribed beforg me this /_.1, day of

_u 4 1993.

W s

&D Notar Publi F My commission expires:

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