ML20056G522

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Affidavit of Bb Hayes.* Provides Info Re Status of Ofc of Investigations Activities Re Investigation of Alleged Misconduct by Util Re Reporting of Diesel Generator Reliability
ML20056G522
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 08/24/1993
From: Hayes B
NRC OFFICE OF INVESTIGATIONS (OI), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20056G519 List:
References
OLA-3, NUDOCS 9309030225
Download: ML20056G522 (3)


Text

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  • t Augustaf; 1993 UNITED STATES OF AhERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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GEORGIA POWER COMPANY, et al.

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Docket Nos. 50-424-OLA-3

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50-425-OLA-3 (Vogtle Electric Generating Plant

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Units I and 2)

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Re: Licensee Amendment

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(TransfertoSouthernNuclear)

AFFIDAVIT OF BEN B. HAYES I, Ben B. Hayes, first being duly sworn, depose and state:

1.

I am Director, Office of Investigations, U.S. Nuclear Regulatory Commission. The Ofnce of Investigations (OI), pursuant to 10 C.F.R. I 1.36, conducts investigations of alleged wrongdoing by licensees, applicants and vendors, or their contractors. As such, my responsibilities include investigating alleged violations of NRC rules and regulations. The investigative results arc movided to the Staff for civil enforcement purposes and the Department of Justice for criminal prosecution.

2.

The purpose of this affidavit is to provide information about the status of 01 activities related to the investigation of alleged misconduct by Georgia Power Company (GPC) officials with respect to reporting of diesel generator reliability following the March 20,1990 site emergency at the Vogtle facility. GPC seeks an order from the Licensing Board compelling production of certain documents, including (a) fony-four tapes provided by Intervenor to the NRC, (b) transcripts of these tape kf0Mocno3ooo4p4 225 930826 l

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I i recordings, and (c) certain documents evidencing statements made by Intervenor to the l

NRC.

3.

As I explained in a March 4,1993, affidavit filed in this pmceeding, this administrative proceeding involve matters encompassed by the ongoing OI investigation.

Members of my Office have interviewed and have taken statements from persons and

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have accumulated documentary evidence pertinent to the investigation of alleged willful misconduct. While much of the OI field work has been completed, the wTiting of our i

report may disclose that some additional facts need to be garnered for completeness.

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Also, the Office of Enforcement review of our report and of the evidence collected by OI may require that additional field work be conducted before the investigation can be i

completed.

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Disclosure of the identity of persons interviewed in the course of the OI l

investigations and statements obtained from these individuals, as well as other documents, would reveal to the possible subjects of this investigation the scope of the evidence l

gathered by 01 and being reviewed by the Office of Enforcement and could compromise investigation activities, panicularly before the information is evaluated for possible enforcement action.

Additionally, although the Department of Justice (DOJ), after preliminary consideration of the diesel generator matter, has returned the investigation to NRC for completion, my Office retains the responsibility to again refer this matter to DOJ if, after completion, the investigation reveals evidence of a willful violation of certain NRC regulations.

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Accordingly, for these reasons, OI requests that investigation materials i

collected during its ongoing investigation be withheld from disclosure until the completion ofits investigation. Based on the current status, I believc this review can be completed within two months.

6.

The matters stated above are true and correct to my best knowledge, information, and belief.

J Ben B. Hayes, D1 ector Office of Investigations Submitted and sworn before me this 2#/,h day of August 1993

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l Notr.y Public "

My commission expires: /f // Ni s.

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