ML20045G955
| ML20045G955 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 07/02/1993 |
| From: | Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#393-14080 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9307160185 | |
| Download: ML20045G955 (6) | |
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UNITED STATES OF AMERICA 93 JUL -2 P 4 '.01 NUCLEAR REGULATORY COMMISSION i
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD' In the Matter of
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Docket Nos.
50-424-OLA-3
)
50-425-OLA-3 GEORGIA POWER COMPANY
)
et al.
)
Re: License Amendment
)
(Transfer to Southern Nuclear)
(Vogtle Electric Generating Plant,
)
Units 1 and 2)
)
NRC STAFF RESPONSE TO INTERVENOR'S FIRST SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS TO STAFF OF IBE U.S. NUCLEAR REGULATORY COMMISSION I
On June 24, 1993, the Intervenor served Interrogatories and Request for Documents upon the Staff. The Staff objects to each and every Interrogatory and the Staff objects to each and every document request. The Interrogatories do not comply with 10 C.F.R @ 2.720(h)(2)(ii)in that interrogatories must be filed with the presiding officer and are answerable by the Staff only upon a finding by the presiding officer that t
the responses are necessary to a proper decision in the proceeding and that the information is not reasonable obtainable from other sources.
The Request For Documents does not comply with 10 C.F.R 6 2.744(a) in that Intervenor does not state why each document requested is relevant to the proceeding.
Upon compliance by the Intervenor with the Commission's rules, the Staff will entertain the Intervenor's requests.
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The factual issues to be litigated here are 1) whether Southern Nuclear Operating Company illegally took over the operation of the Vogtle facility and 2) whether Georgia Power Company personnel submitted material false statements to the NRC on LER 90-06 and 90-06 Rev 1.
Interrogatory 1 is not relevant to either issue in this proceeding.
" Relevant" in Rule 401 of the Federal Rules of Evidence means "having any tendency to make the existence of any fact [ material false statements in LER 90-06] more probable or less probable." The information sought by Interrogatory 1 would not tendTo prove that SONOPCO did or did not take over the operation of the Vogtle facility nor would it tend to prove or disprove that LER 90-06 contains material false statements.
Interrogatory 2 assumes facts not yet established.
The Office of Investigation is investigating whether false statements were contained in LER 90-06. Secondly, at the present time the Staffis withholding information relevant to Ol's investigation and this Interrogatory calls for information in the present OI investigation. Interrogatories 3 and 4 involve the present OI investigation. Interrogatory 5(c) is a request for production of documents.
Interrogatory 6 is not relevant to either issue in this proceeding. Interrogatory 7 assumes hypothetical facts, is confusing, and is not relevant to whether LER 90-06 or LER 90-06 Rev 1 contained material false statements. Interrogatory 8 is so lacking in facts that it cannot be answered as well as not being relevant.
The premise of Interrogatory 9 is not factually established. Rather, it is the subject, in part, of OI's investigation. Interrogatory 9 does not go to whether there were false statements in LER 90-06. Interrogatory 10 cannot be answered as its premise is either false or misleading.
. s The March 20, 1990 Vogtle Site Emergency was caused by a number of factors, commencing with a truck backing into a pole with a transformer. Diesel generator problems were only one contributing factor to the Site Emergency. Interrogatory 11 is not relevant to an issue in this proceeding.
Interrogatory 12 calls for a statement of law. The Staff points out that NRC regulations do not specify a required number of consecutive successful diesel starts.
There is no answer to Interrogatory 12, as its premise is false. Interrogatory <l3 is an incomplete hypothetical calling for a speculative answer. Interrogatories 14,15,16, and 17 are not relevant to any issues in this proceeding.
Interrogatories 18 through 51 are not relevant to the issues in this proceeding.
They are a thinly disguised disagreement with Partial Director's Decision Pursuant to 10 C.F.R. 2.206, DD-93-08, issued April 23, 1993 in response to Mr. Mosbaugh's petition. Discovery in this proceeding is not the appropriate place for Mr. Mosbaugh to take issue with the Director's response to his petition. Interrogatory 18 asks for a production of documents and is not an interrogatory. Secondly, the history of the Vogtle diesel generators since Unit I was licensed m 1987 is not remotely relevant to either issue in this proceeding and such information is not necessary to a proper decision.
Interrogatory 22(a) is also a request to produce documents, not an interrogatory and its subject matter is totally unrelated to the two issues in this proceeding. Interrogatories 23 through and including 51 are unrelated to either issue at bar.
The Request for Documents, in addition to failing to conform to 10 C.F.R.
i 2.744(a), is overbroad, assu'nes facts not established, is not relevant to either issue in J
. t this proceeding, and in some instances, calls for documents which impinge upon OI's investigation. As an example of being overbroad, Request 5 calls for all interview statements obtained by NRC from anyone since 1988. There are 113 power reactors, 48 c.on-power reactors,12 fuel facilities, and 24,000 materials licensees. Interview statements from their personnel since 1988 is broad and somewhat removed from whether LER 90-06 contained material false statements. Request 16's request that the Staff
" produce and identify any and all documents reviewed during the course of responding i
to the interrogatory questions stated above" cannot be seriously considered.
For all of the above reasons the Staff objects to Intervenor's requests.
Respectfully submitted, e8 Charles A. Barth Counsel for NRC Staff Dated at Rockville, Maryland this 2nd day of July 1993 A
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UNITED STATES OF AMERICA M* d j
NUCLEAR REGULATORY COMMISSION i
'93 JUL -2 P4 :04 l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD yu mg. o x7
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In the Matter of
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Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY, et al.
)
50-425-OLA-3 I
)
(Vogtle Electric Generating Plant
)
Re: License Amendment -
l Units 1 and 2)-
)
(Transfer to Southern Nuclear) 4
- )
)
ASLBP No. 96-671-01-OLA-3 l
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CERTIFICATE OF SERVICE l
l I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENOR'S FIRST i
SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS TO STAFF OF j
THE U.S. NUCLEAR REGULATORY COMI, ISSION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first l
class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system this 2nd day of July 1993.
l Peter B. Bloch, Chairman
- Thomas D. Murphy
- Administrative Judge Administrative Judge I
Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop: EW-439 Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 (301) 492-7285 (301) 492-7285 James H. Carpenter
- John Lamberski, Esq.
Administrative Judge Arthur H. Domby, Esq.
Atomic Safety and Licensing Board Troutman Sanders 1
Mail Stop: EW-439 Nationsbank Building, Suite 5200 U.S. Nuclear Regulatory Commission 600 Peachtree Street, N. E.
Washington, D. C. 20555 Atlanta, Georgia 30308 (301) 492-7285 (404) 885-3949 i
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David R. Lewis, Esq.
Adjudicatory File *i(2)
Shaw, Pittman, Potts and Trowbridge Atomic Safety and Licensing Board 2300 N Street, N. W.
Panel i
Washington, D. C. 20037 Mail Stop: EW-439 j
(202) 663-8007 U.S. Nuclear Regulatory Commission j
Washington, D. C. 20555 i
Michael D. Kohn, Esq.
j Stephen M. Kohn, Esq.
Atomic Safety and Licensing Board l
Kohn, Kohn and Calapinto, P.C.
Panel
- 517 Florida Avenue, N. W.
Mail Stop: EW-439
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Washington, D. C. 20001 U.S. Nuclear Regulatory Commission j
(202) 462-4145 Washington, D. C. 20555 l
j Office of Commission Appellate Office of the Secretary * (2) f l
Adjudication
- Attn: Docketing and Service Mail Stop: OWFN-16/G15 Mail Stop: OWFN-16/G15
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U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 i
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l Charles A. Barth Counsel for NRC Staff i
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