ML20059E907
| ML20059E907 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 10/27/1993 |
| From: | Fortuna R NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| Shared Package | |
| ML20059E891 | List: |
| References | |
| OLA-3, NUDOCS 9311040036 | |
| Download: ML20059E907 (7) | |
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
)
)
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)
)
(Transfer to Southern Nuclear)
)
AFFIDAVIT OF ROGER A. FORTUNA 4
I, Roger A. Fortuna, first being duly sworn, depose and state:
1.
I am Deputy Director, Office of Investigations, U.S. Nuclear Regulatory Commission. The Office 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. Those responsibilities include investigating alleged violations of NRC rules and regulations. The investigative results are provided to the Staff for civil enforcement j
purposes and the Department of Justice for criminal prosecution.
2.
The purpose of this affidavit is to provide information about the status of l
l 1
OI 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) forty-four tapes provided by Intervenor to the NRC, (b) transcripts of these tape 9312040036 931027 PDR ADOCK 05000424 G
PDR-
Affidavit of Roger A. Fortuna October 27,1993 recordings, and (c) certain documents evidencing statements made by Intervenor to the NRC.
3.
The Staff responded to Georgia Power Company's request with a request that the sought documents be withheld for a period of time sufficient for OI to complete its investigation and for the Office of Enforcement (OI) to analyze the investigation 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.
Our investigation is nearing completion. The Licensee presented OI with additional documents and explanations on October 7,1993. These additional documents have delayed our assessment of the allegations and have delayed reviews ofinvestigatory materials by the Staff to determine whether a recommendation of enforcement action is appropriate. The material provided by the Licensee on October 7,1993, and the Staff's evaluation has also necessitated further interviews by 01. The material obtained to date is voluminous and OI is endeavoring to complete its investigation in a thoughtful and expeditious manner by December 17,1993. Documents gathered during the investigation should continue to be withheld during the pendency of Commission review of any proposed enforcement 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 persons yet to be interviewed, as well as documents obtained during the course of the 1
Affidavit of Roger A. Fortuna October 27,1993 investigation would reveal to the possible subjects of this ongoing investigation the scope of the evidence gathered by OI and being reviewed by the staff enforcement team. The release of such information could compromise investigation and/or inspection activities, i
particularly before the information is evaluated for possible enforcement action.
As Ben B. Hayes, Director of the Office of Investigations stated in his August 26,1993 affidavit, although the Department of Justice (DOJ), after preliminary consideration of the diesel generator matter, has returned the investigation to NRC for completion, OI 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.
5.
Accordingly, for these reasons, OI requests that investigation materials collected during it ongoing investigation be withheld from disclosure at least until 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 I
for Commission review.
l
1 Affidavit of Roger A. Fortuna October 27,1993 6.
The matters stated above are true and correct to my best knowledge, information, and belief.
___ /
s R
Roger. Fortuna, Deputy Director Office of Investigations Submitted and sworn before me this 27th day of October 1993
'I b I Notary Public My commission expires: /
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sEf$ C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'93 OrJ 28 A",:28 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD,.
3
~
In the Matter of
) Docket Nos. 50-424-OLA-3 '
)
50-425-OLA-3 GEORGIA POWER COMPANY, et al.
)
)
(Vogtle Electric Generating Plant
) Re: License Amendment Units 1 and 2)
)
(Transfer to Southern Nuclear)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR A FURTHER EXTENSION OF TIME TO DEFER DISCOVERY DOCUMENTS TO THE LICENSEE" and
" AFFIDAVIT" of James Lieberman and Roger A. Fortuna in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, or as indicated by a double asterisk by facsimile this 27th day of October 1993.
l Peter B. Bloch, Chairman **
Thomas D. Murphy
- Administrative Judge Administrative Judge 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 Judge James H. Carpenter John Lamberski, Esq."
933 Green Point Drive Arthur H. Domby, Esq.
Oyster Point Troutman Sanders Sunset Beach, NC 28468 NationsBank Building, Suite 5200 600 Peachtree Street, N. E.
Atlanta, Georgia 30308 (404) 885-3949 i
. j David R. Lewis, Esq.
Adjudicatory File * (2) l Shaw, Pittman, Potts and Trowbridge Atomic Safety and Licensing Board 2300 N Street, N. W.
Panel Washington, D. C. 20037 Mail Stop: EW-439 (202) 663-8007 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Michael D. Kohn, Esq.**
Stephen M. Kohn, Esq.
Atomic Safety and Licensing Board Kohn, Kohn and Colapinto, P.C.
Panel
- 517 Florida Avenue, N. W.
Mail Stop: EW-439 Washington, D. C. 20001 U.S. Nuclear Regulatory Commission (202) 462-4145 Washington, D. C. 20555 Office of Commission Appellate Office of the Secretary * (2)
Adjudication
- Attn: Docketing and Service Mail Stop: OWFN-16/G15 Mail Stop: OWFN-16/G15 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555
- Ad?.itY Charles A. Barth~
Counsel for NRC Staff
~ ~
- m Davio R. Lewis, Esq.
Adjudicatory File * (2)
Shaw, Pittman, Potts and Trowbridge Atomic Safety and Licensing Board 2300 N Street, N. W.
Panel Washington, D. C. 20037 Mail Stop: EW-439 (202) 663-8007 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Michael D. Kohn, Esq.**
Stephen M. Kohn, Esq.
Atomic Safety and Licensing Board Kohn, Kohn and Colapinto, P.C.
Panel
- 517 Florida Aveaue, N. W.
Mail Stop: EW-439 Washington, D. C. 20001 U.S. Nuclear Regulatory Commission (202) 462-4145 Washington, D. C. 20555 Office of Commission Appellate Office of the Secretary * (2)
Adjudication
- Attn: Docketing and Service Mail Stop: OWFN-16/G15 Mail Stop: OWFN-16/G15 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 ud-rkstY Charles A. Barth Counsel for NRC Staff
.