ML20059E898
| ML20059E898 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 10/27/1993 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| Shared Package | |
| ML20059E891 | List: |
| References | |
| OLA-3, NUDOCS 9311040032 | |
| Download: ML20059E898 (4) | |
Text
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October 27,1993 UNITED STATES OF AMERICA 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 (Vegtle Electric Generating Plant
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Units 1 and 2)
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Re: Licensee Amendment
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(Transfer to Southern Nuclear)
AFFIDAVIT OF JAMES LIEBERMAN I, James Lieberman, first being duly sworn, depose and state:
1.
I am the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Pursuant to 10 C.F.R. 61.32, the Office of Enforcement (OE) develops policies and programs for enforcement of NRC requirements and manages major enforcement actions. My responsibilities include the administration of programs that promote radiological health and safety of the public and ensure that prompt and vigorous enforcement action is taken against licensees, vendors, contractors and employees of said entities that violate NRC rules and regulations orlicense requirements. Such enforcement actions include the issuance of civil penalties and suspension, modification or revocation of licenses.
2.
GPC seeks an order from the Licensing Board compelling production of certain documents, including (a) forty-four tapes provided by Intervenor to the NRC, (b) transcripts of these tape recordings, and (c) certain documents evidencing statements made by Intervenor to the NRC. These documents were gathered by the Office of 9311040032 931027' PDR ADOCK 05000424 Q
I AfSdavit of James Lieberman October 27,1993 Investigations in the course of its investigation of the reporting of diesel generator reliability following the site emergency on March 20,1990.
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The Staff responded to Georgia Power Company's request with a request
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that the sought documents be withheld for a period of time sufficient for the Of5cc of Investigations (OI) to complete its investigation and for OE to analyze the investigation I
and come to a conclusion as to whether enforcement action is warranted. The Licensing Board's Order of August 31, 1993, extended the time for the Staff (OI) to produce documents until November 8,1993, and admonished that if additional Staff time was desired, the Staff must promptly request additional time.
Ol's investigation is nearing completion. The material obtained to date is very voluminous and the Staff is endeavoring to complete its review as rapidly as possible.
The Licensee presented OI with additional documents and explanations on October 7, 1993. These additional documents and the Staff's continuing review of the allegations have delayed a determination of whether a recommendation for enforcement action is appropriate. The material provided by the Licensee on October 7,1993, and the Staff's continuing review has also necessitated further effort by OI, including additional interviews, which is expected to be completed by December 17, 1993. It is expected that, barring unforeseen circumstances, the Executive Director for Operations would forward his decision regarding possible enforcement action to the Commission by February 18, 1993, for Commission action.
4.
Disclosure of the identity of persons interviewed in the course of the OI investigations and statements obtained from these individuals, and disclosure of those
Affidavit of James Lieberman October 27,1993 Persons yet to be interviewed, as well as documents obtained during the course o
, investigation would reveal to the possible subjects of the ongoing inv mspections and the scope of the evidence gathered by OI and being reviewe enf reement team.
The release of such information could compromise investigation activities, particularly before the information is completely evaluated for po enforcement action.
m As noted in the August 26,1993 affidavit of Ben Hayes, previously submitte the Licensing Board, even though the preliminary consideration of the die a or matter by the Department of Justice (DOJ), led DOJ to return the investigation t for completion, OI Office retains the responsibility to again refer this matter after completion, the investigation reveals evidence of a willful violation of ce regulations. The possibility of further review by the Department of Justice m delay review be OE.
5.
Accordingly, for these reasons, OE requests that investigatory materials collected during its ongoing investigation be withheld from disclosure at least February 18, 1994, in order to allow more time for completion of the review and the issuance of any resulting enforcement action. Additional time should also be provided for Commission review.
Affidavit of James Lieberman 4-October 27,1993
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The matters stated above are true and correct to the best of my knowledge, information and belief.
AHn James Lieberman, Director
(,0ffice of Enforcement 1
Submitted and sworn before me this 27th day of October 1993 Y
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FY Notary Public My commission expires: /A//M