ML20059E888

NRC Staff Motion for Further Extension of Time to Defer Discovery Documents to Licensee.* Moves Licensing Board to Defer Ordering Staff to Produce Documents Requested by Util Until 940315

ML20059E888
Person / Time
Site:	Vogtle
Issue date:	10/27/1993
From:	Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20059E891	List: ML20059E888 ML20059E898 ML20059E907
References
CON-#493-14421 OLA-3, NUDOCS 9311040028
Download: ML20059E888 (4)

Text

-- . .. ..

, My'2/

October 27,1993 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'93 DCI 28 Aa :28 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD t i l{  ; (_ . i , r In the Matter of ) ' n (7, _ a

) Docket Nos. 50-424-OLA'-3 '

GEORGIA POWER COMPANY, et al. ) 50-425-OLA-3

)

(Vogtle Electric Generating Plant ) Re: Licensee Amendment Units 1 and 2) ) (TransfertoSouthernNuclear)

)

NRC STAFF MOTION FOR A FURTHER EXTENSION OF TIME TO DEFER DISCOVERY DOCUMENTS TO THE LICENSEE INTRODUCTION On May 3,1993, Georgia Power Company (GPC or Licensee) served upon the Staff a request for the production of documents.2 The Staff and GPC negotiations did not resolve objections to GPC's request. On August 9,1993, GPC timely filed a motion2to compel the Staff to disclose the requested documents. Rather than oppose the motion, the Staff filed a response5 requesting that the Licensing Board defer ordering production of Staff documents until a decision was made on whether to initiate an 8 Georgia Power Company's First Request For Production Of Documents By The NRC Staff, dated May 3,1993.

2 Georgia Power Company's Motion To Compel NRC Staff Production Of Documents, dated August 9,1993.

3 NRC Staff Response To Georgia Power Company's Motion To Compel Production of NRC Staff Documents, dated August 26,1993.

9311040028 931027 PDR ADOCK 05000424 C PDR O

. ~ . . . . . .. .. . - . --

2-enforcement action against GPC. In an order dated August 31,1993,' the Licensing Board deferred granting GPC's request until Monday, November 8,1993, to permit NRC Staff review of the requested documents. The Licensing Board Order directed the Staff promptly to request an additional extension of time if necessary to produce the sought documents. The Staff hereby moves for an extension of time to produce the requested documents until March 15, 1994, for the reasons set forth below.

DISCUSSION At the present time, the Office of Investigation (OI) is investigating an allegation that GPC made willful and intentional false statements of fact to the NRC in the reporting l

of diesel generator reliability following the site emergency on March 20,1990. The l documents sought by GPC are documents gathered during Ol's ongoing investigation.

They are, in general, relevant to resolution of the issue in this proceeding and important to GPC. The Staff's request to defer production is based upon Commission case law and regulations.5 CI is continuing to marshall evidence and arrive at conclusions concerning the allegations. Extensive contact has occurred during the past several years between 01 and GPC. As Ol's investigations near conclusion, GPC requested an opportunity to provide

' Memorandum and Order (Motion to Compel Production of Documents by the ,

Staff), dated August 31,1993.

5 The Staff's legal basis and discussion are fully set forth in its August 26,1993, l "NRC Staff Response To Georgia Power Company's Motion To Compel Production of l NRC Staff Documents" as amplified by the Licensing Board's Memorandum and Order (Motion to Compel Production of Documents By The Staff, dated August 31,1993). The law is not disputed. The issue raised by this Staff Motion is whetht;r the Staff has a reasonable factual basis for the Licensing Board to extend the time far production of documents.

3 additional explanations and to provide additional documentation to OI. Tids additional presentation to 01 by GPC took place on October 7,1993. The Staffis also continuing I

its review of the investigatory material. GPC's presentation and documentation has necessitated additional interviews by OI, and review and analysis ofinformation provided by GPC.

The Staff's Motion for an additional period of time before it produces the OI documents is based upon the following facts:

1) A joint review is being conducted by members of Office of Enforcement, ,

Office of Nuclear Reactor Regulation, Region II, and the Office of the General Counsel to evaluate and analyze the material gathered by OI, and to determine whether enforcement action is warranted.

2) The original documentation gathered by 01 is more voluminous than realized at first and this joint review is taking longer than initially anticipated.

3) Documents and explanations provided by GPC to OI c1 October 7,1993, and the Staff's evaluation of the investigation to date have necessitated further interviews and analysis by OI in oider to complete the investigation. See attached affidavits.

4) The present best estimate is that the Staff will submit its decision regarding an enforcement action to the Commission by February 18, 1993, i

5) The requested documents should not be released until the Commission  !

completes its review and a determination is made whether to initiate an enforcement action.

This is a present best estimate schedule based on the review and planning efforts of the Staff which are proceeding with all deliberate speed.

CONCLUSION For all of the aforesaid reasons and to allow the Commission time to review the Staff's recommendations, the Staff moves the Licensing Board to defer ordering the Staff

n o

to produce documents requested by GPC until March 15,1994, to permit the Staff and the Commission to arrive at an enforcement decision, Respectfully submitted, h A.42 $ 4 Charles A. Barth Counsel for NRC Staff Dated at Rockville, Maryland this 27th day of October 1993 l

4

)

I l

%