Gap Motion to Compel NRC Staff Response to Certain Interrogatories.* Informs That Util Moves Licensing Board for Order Compelling NRC Staff to Respond to Interrogatories 9 & 10 of Util First Set.W/Certificate of Svc & Svc ListML20062N102 |
Person / Time |
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Site: |
Vogtle ![Southern Nuclear icon.png](/w/images/1/14/Southern_Nuclear_icon.png) |
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Issue date: |
01/04/1994 |
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From: |
Lamberski J GEORGIA POWER CO. |
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To: |
Atomic Safety and Licensing Board Panel |
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Shared Package |
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ML20062N064 |
List: |
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References |
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93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9401120128 |
Download: ML20062N102 (10) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196J3291999-06-28028 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Industry Codes & Standards ML20206M7291999-04-30030 April 1999 Comment Supporting Draft RG DG-1083, Content of UFSAR IAW 10CFR50.71(e). Licensee of Listed Plants in Total Agreement with Comments Provided to NRC by NEI HL-5717, Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC1998-12-18018 December 1998 Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC HL-5715, Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments1998-12-14014 December 1998 Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments HL-5702, Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols1998-10-23023 October 1998 Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols HL-5695, Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers1998-10-13013 October 1998 Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers HL-5690, Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC1998-10-0505 October 1998 Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC HL-5983, Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed1998-09-21021 September 1998 Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed ML20153B2391998-09-15015 September 1998 Comment on Draft NUREG-1633, Assessment of Use of Ki as Protective Action During Severe Reactor Accidents. Endorses NEI Comments HL-5682, Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute1998-09-15015 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute HL-5602, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds1998-04-0303 April 1998 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds HL-5586, Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps1998-03-0404 March 1998 Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps HL-5582, Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events1998-02-27027 February 1998 Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events HL-5564, Comment on Draft NUREG 1555, Updated Environ Standard Review Plan1998-01-30030 January 1998 Comment on Draft NUREG 1555, Updated Environ Standard Review Plan HL-5554, Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public1998-01-15015 January 1998 Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public HL-5546, Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements1997-12-31031 December 1997 Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements HL-5529, Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard1997-12-0101 December 1997 Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard ML20199J0031997-11-24024 November 1997 Comment Supporting Proposed Rule Re Financial Requirements for Decommissioning Nuclear Power Reactors & Draft RG 1060 HL-5424, Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions1997-07-0707 July 1997 Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions ML20148N0741997-06-19019 June 1997 Comment on Proposed Suppl to Bulletin 96-001 Re Control Rod Insertion Problems.Util in Complete Agreement That Incomplete Rcca Insertion Not Acceptable HL-5407, Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ1997-05-27027 May 1997 Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ ML20137C2581997-03-18018 March 1997 Summary of Director'S Decision Under 10CFR2.206 of Mb Hobby & AL Mosbaugh, ML20137C4261997-03-18018 March 1997 Director'S Decision Under 10CFR2.206 Re Petition Re Allegation of Illegal Transfer of OLs to Southern Nuclear Operating Co.Petitions Filed by Mb Hobby & AL Mosbaugh Denied HL-5268, Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols1996-11-27027 November 1996 Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols ML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20129J5481996-10-30030 October 1996 Order.* Extends Time within Which Commission May Take Sua Sponte Review of Memorandum & Order LBP-96-16 to 961129. W/Certificate of Svc.Served on 961030 ML20129K4291996-10-0202 October 1996 Comment Supporting Proposed Rule 10CFR25 & 95, Access to & Protection of Classified Info HL-5247, Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations1996-10-0101 October 1996 Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20128K2791996-09-30030 September 1996 Order.* Time within Which Commission May Take Sua Sponte Review of Memo & Order LBP-96-16 Extended Until 961030. W/Certificate of Svc.Served on 960930 ML20116J8921996-08-0202 August 1996 Withdrawal of AL Mosbaugh.* AL Mosbaugh Voluntarily Withdraws Intervention,Opposition & Contention in Proceedings.W/Certificate of Svc & Svc List ML20116J8551996-08-0202 August 1996 Joint Notice of Termination.* AL Mosbaugh Voluntarily Withdrew Intervention,Opposition & Contentions in Proceeding.W/Certificate of Svc & Svc List ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116N5881996-07-31031 July 1996 Comment Re Proposed Rule 10CFR26, Mods to Fitness-For-Duty Program Requirements. Supports NEI Comments ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20115H2671996-07-0808 July 1996 Comment Supporting Final Rule 10CFR51, Environ Review of Renewal of Nuclear Power Plant Operating Licenses HL-5195, Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors1996-06-24024 June 1996 Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc IA-95-211, Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-391996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 ML20129H7151996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 HL-5103, Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use1996-02-0606 February 1996 Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use ML20096A4911995-12-22022 December 1995 Georgia Power Co Reply to Intervenor & NRC Staff Proposed Findings of Facts & Conclusions of Law.* W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20095D9771995-12-0808 December 1995 Comment on Proposed Generic Ltr Boraflex Degradation in Spent Fuel Pool Starage Racks. Request for Licensees to Demonstrate Subcriticality Margin in Unborated Water,Seems Inconsistent W/Stated Benefit of Borated Water ML20094S2751995-11-30030 November 1995 Intervenor Final Statement of Fact & Conclusions of Law.* Board Finds That Util & Applicant Failed to Meet Burden of Proof Re Ultimate Issue of Character,Competence & Integrity. W/Svc List ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20094J9281995-11-0606 November 1995 Gap Proposed Findings of Fact & Conclusions of Law on Diesel Generator Reporting Issues.* Findings of Fact & Conclusion Accepted.W/Certificate of Svc ML20094J9201995-11-0101 November 1995 Affidavit of Ck Mccoy to Correct Info Contained in Intervenor Exhibit II-97,which Consists of Portions of Deposition in a Mosbaugh Complaint Against Gap 1999-06-28
[Table view] Category:PLEADINGS
MONTHYEARML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20093F9171995-10-13013 October 1995 Georgia Power Co Position on Effect of DOL Case 90 ERA-30.* Recommends Board Should Refrain from Considering or Giving Any Effect to Secretary of Labor Determination in 90 EAR-30. W/Certificate of Svc ML20093F9441995-10-13013 October 1995 Georgia Power Co Response to Intervenor Motion to Conduct Discovery Re Dew Point Instruments.* Recommends That Intervenor Motion to Conduct Discovery Re Dew Point Instruments Be Denied.W/Certificate of Svc ML20093F8681995-10-13013 October 1995 Intervenor Response to Board Memorandum & Order (Effect of DOL Case 90-ERA-30).* Bloomburg & Comanche Peak Precedents Demonstrate Applicability of Issue Preclusion to Matl Fact Containing to Hobby Decision.W/Certificate of Svc ML20093F9901995-10-12012 October 1995 Ga Power Company Response to Intervenor Motion to Admit Certain Admissions of Ga Power.* Intervenor Motion to Admit Certain Admissions of Ga Power,Dtd 951006,should Be Denied. W/Certificate of Svc & Svc List ML20093G1081995-10-12012 October 1995 Georgia Power Co Response to Intervenors Motion to Conduct Further Discovery Against NRC Staff.* Motion to Conduct Further Discovery Denied.W/Certificate of Svc ML20093F9751995-10-12012 October 1995 Ga Power Company Response to Intervenors Motion to Admit Exhibit II-247 (Transcript of Tape 99B).* Intervenor Motion to Admit Intervenor Exhibit II-247 Into Evidence Should Be Denied.W/Certificate of Svc & Svc List ML20093F9541995-10-12012 October 1995 Ga Power Company Response to Intervenor Motion to Strike Affidavit of H Handfinger.* W/Certificate of Svc ML20093B9301995-10-0606 October 1995 Intervenor Motion to Admit Certain Admissions of Georgia Power.* Intervenor Requests That Admission Responses & Corresponding OI Paragraphs Listed Be Admitted Into Record. W/Certificate of Svc ML20093B8901995-10-0606 October 1995 Intervenor Motion to Conduct Discovery Re Dew Point Instruments.* Intervenor Requests to Conduct Addl Discovery & to Obtain Further Relief.W/Certificate of Svc ML17311B3631995-10-0505 October 1995 Intervenor Motion to Admit Exhibit II-247 (Transcript of Tape 99B).* Intervenor Requests That Intervenor Exhibit II-247 Be Admitted Into Evidence.W/Certificate of Svc & Svc List ML20093B7101995-10-0505 October 1995 Intervenor Motion to Complete Discovery Against NRC Staff Expert Witness (Mgt Panel).* W/Certificate of Svc & Svc List ML20093B8291995-10-0505 October 1995 Intervenor Motion to Strike Affidavit of H Handfinger.* Affidavit of H Handfinger Should Be Stricken,In Entirety, from Record of Proceeding.W/Certificate of Svc & Svc List ML20098B7981995-10-0303 October 1995 Georgia Power Company Supplemental Response to Intervenor Addl Discovery Request Dtd 950905.* W/Certificate of Svc & Svc List ML20098B4671995-10-0202 October 1995 Intervenor Request for Continuance to File Response to Georgia Power Co Petition for Review.* W/Certificate of Svc ML20098B4691995-10-0202 October 1995 Intervenor Opposition to Georgia Power Company Petition for Review of Order to Produce Attorney Interview Notes.* W/Certificate of Svc & Svc List ML20092M6071995-09-26026 September 1995 Georgia Power Co Response to Intervenor Addl Discovery Request Dtd 950905.* Request Granted.W/Certificate of Svc ML20092H6571995-09-11011 September 1995 Georgia Power Company Opposition to Intervenor Motion to Strike Testimony of Hill & Ward & to Conduct Addl Discovery.* W/Certificate of Svc & Svc List ML20092H6771995-09-11011 September 1995 Ga Power Company Motion for Stay of Licensing Board Order Requiring Production of Attorney Notes of Privileged Communications.* W/Certificate of Svc & Svc List ML20092A4821995-09-0505 September 1995 Intervenor Motion to Strike Expert Testimony of Hill & Ward & to Conduct Addl Discovery.* Intervenor Requests That Hill & Ward Testimony Be Stricken & Gap File Expedited Responses to Requested Discovery.W/Certificate of Svc ML20091S3861995-08-22022 August 1995 Georgia Power Co Response to Intervenor Motion to Admit Certain Admissions & Sections of OI Rept Into Evidence.* Georgia Power Neither Admit Nor Deny Admissions.W/ Certificate of Svc & Svc List ML20087K2911995-08-15015 August 1995 Response to Licensee Motion for Reconsideration Re Notes of E Dixon Noted & Brief on Attorney Client Privilege.* Requests That Board Order Immediate Production of Interview Notes.W/Certificate of Svc & Svc List ML20087K2801995-08-14014 August 1995 Intervenor Response to Georgia Power Company Motion to Exclude Admission of OI Conclusions.* W/Certificate of Svc & Svc List ML20087K4731995-08-0808 August 1995 Gap Opposition to Intervenor Supplemental Motion to Compel Interview Notes & Other Documents Known to Gap Counsel When Preparing Response to Nov.* Informs That Motion Should Be Denied.W/Certificate of Svc & Svc List ML20087K4021995-08-0808 August 1995 Georgia Power Co Motion for Reconsideration of Order Re Request for Discovery Re E Dixon.* Believes That Board Should Deny Intervenor Motion.W/Certificate of Svc & Svc List ML20087K3501995-08-0404 August 1995 Licensee Position on Admissibility of Staff Exhibits II-5 & II-10.* W/Certificate of Svc & Svc List ML20087A6961995-07-28028 July 1995 Georgia Power Company Motion to Exclude Admission of OI Conclusions.* W/Certificate of Svc & Svc List ML20087A6871995-07-28028 July 1995 Ga Power Company Motion for Issuance of Subpoena.* W/Certificate of Svc & Svc List ML20087A5711995-07-24024 July 1995 Intervenors Supplemental Motion to Compel Interview Notes & Other Documents Known to Ga Power Company Counsel When Preparing Response to Nov.* Board Should Order Production of Notes of E Dixon.W/Certificate of Svc & Svc List ML20086P7801995-07-17017 July 1995 Georgia Power Co Response to Intervenor Motion to Compel Production of Licensee Notes of Interview of Ester Dixon.* Intervenor Motion Should Be Denied.W/Certificate of Svc ML20086P5961995-07-10010 July 1995 Intervenor Motion to Clarify Record.* Requests Board to Clarify Record to Reflect That on 950517,exhibits Identified in List of Stipulated Exhibits,Were Received Into Evidence. W/Certificate of Svc ML20086H2271995-06-30030 June 1995 Intervenor Motion to Compel Production of Licensee Notes of Interview of Ester Dixon.* W/Certificate of Svc & Svc List ML20085C8871995-05-29029 May 1995 Intervenor Response to Motion to Quash Subpoenas of C Coursey,M Hobbs & RP Mcdonald.* Motion to Quash Should Be Denied.W/Certificate of Svc & Svc List ML20084L2871995-05-24024 May 1995 Motion by Georgia Power Company Cl Coursey,Ml Hobbs & RP Mcdonald to Quash Subpoenas of C Coursey,Ml Hobbs & RR Mcdonald.* W/Certificate of Svc & Svc List ML20083R0291995-05-18018 May 1995 Georgia Power Company Brief on Inadmissibility of OI Rept or in Alternative Motion for Certification to Commission.* Advises That Exhibits Should Not Be Admitted Into Evidence in Proceeding.W/Certificate of Svc & Svc List ML20083C8421995-05-12012 May 1995 Intervenor Response to Util Motion for Order Preserving Licensing Board Jurisdiction.* Intervenor Requests That Commission Deny Util Motion for Order Preserving Licensing Board Jurisdiction.W/Certificate of Svc & Svc List ML20083C8461995-05-10010 May 1995 Georgia Power Co Response to Board Question Re 900410 IIT Questions.* Licensing Board Requests That Util Advise Board of Response to a Chaffee 900410 Request for Calcon Sensor Data.W/Certificate of Svc & Svc List ML20083C8241995-05-0909 May 1995 Georgia Power Co Response to Board Question Re Diesel Testing Transparency.* Util Believes That Cash Did Not Include Start 128-131 Since Starts Were Not Included on Typed List.W/Certificate of Svc & Svc List ML20083L7781995-05-0909 May 1995 Georgia Power Co Response to Board Question Re Definition of Successful Start.* W/Certificate of Svc ML20083L7251995-05-0707 May 1995 Intervenor'S Response to Gpc Motion to Strike Partially Intervenor'S Prefiled Testimony.* Requests That Gpc Motion to Strike Partially Intervenor'S Prefiled Testimony Be Overruled in Entirety.W/Certificate of Svc & Svc List ML20083K2971995-05-0202 May 1995 Intervenor Motion for Enlargement of Time.* Requests Enlargement of Time to Respond to Georgia Power Co Motion to Strike Partially Prefiled Testimony.W/Certificate of Svc & Svc List ML20082T3871995-04-27027 April 1995 Georgia Power Co Motion for Order Preserving Licensing Board Jurisdiction.* Requests That Commission Grant Relief Request.W/Certificate of Svc & Svc List 1996-08-02
[Table view] |
Text
_ .
%fl'5J Janubr,I0 y 4 ~, 1994 UNITED STATES OF AMERICA gg_5pr;;ry NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDi i.
In the Matter of
- Docket Nos. 50-424-OLA-3 at al.
- 50-425-OLA-3 (Vogtle Electric
- Re: License Amendment Generating Plant, * (Transfer to Southern '
Units 1 and 2)
- ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S MOTION TO COMPEL NRC STAFF RESPONSE TO CERTAIN INTERROGATORIES I. INTRODUCTION.
Pursuant to 10 C.F.R. S 2.720(h) (2) (ii) , Georgia Power
. Company ("GPC") hereby moves the Atomic Safety and Licensing Board for an order' compelling the NRC Staff to respond to certain
'GPC interrogatories. Because those interrogatories _ requested information that goes to the very heart of.the issue in this proceeding, a response'to those interrogatories-is'necessary both' y for hearing preparation and for a proper decision in this. ,
j proceeding. Furthermore, this information is not available from another source.
9401120128 940104 PDR ADOCK 05000424-O ppy
II. Backaround.
On October 8, 1993, with NRC Staff's agreement, GPC served Georgia Power Company's First Set of Interrogatories and Second Request for Production of Documents to the NRC Staff which included the following interrogatories:
- 9. With respect to the matters included in Phase I of this proceeding pursuant to the Licensing Board's September 24, 1993 Order (LBP-93-21) , state in detail the NRC Staff's current opinion, and the bases therefor, regarding the character, competence, integrity, candor, truthfulness and willingness to abide by regulatory requirements of each of the following current or_ former GPC and/or Southern Nuclear employees:
- a. Mr. George Bockhold, Jr.
- b. Mr. W. George Hairston, III.
- c. Mr. C. Kenneth McCoy
- d. Mr. William B. Shipman
- e. Mr. N. Jackson Stringfellow
- f. Mr. John G. Aufdenkampe
- g. Mr. Allen L. Mosbaugh Identify all documents which relate in any way to such NRC Staff opinions.
- 10. Identify by name the interviewees referred to in NRC Staff Supplemental Response to Intervenor's First Set of Interrogatories and Request for Production of Documents, dated September 15, 1993, at 15-17, and identify the general subject matter of the interview.
On December 20, 1993, the NRC Staff responded to GPC's October 8, 1993 discovery request. The Staff objected.to interrogatory no. 9 on the following basis:
[t]he NRC as a collective W.71e does not in the normal S
course of business formula te an opinion as to the integrity of named persons whose work is subject to the Atomic Energy Act. Further, the issue Fere is not the character of particular individuals, but whether the proposed transferee organization has the necessa'ry attributes to receive a-license.
l I
l l i The Staff also objected to interrogatory _no. 10 on the' basis that
-1 ait calls for premature disclosure of information gathered by the l
Office of Investigations during the course of an investigation." )
III. Discussion.
A. Interrogatory No. 9.
GPC's interrogatory no. 9 requests information concerning the character, competence, integrity, candor, truthfulness and willingness to abide by regulatory requirements (hereinafter collectively referred to as " character") of seven individuals, all of whom were involved to varying extents in the events which' are at issue in this proceeding. Four of them (Messrs. Hairston, McCoy, Shipman and Stringfellow) currently hold positions within Southern Nuclear which, as the proposed exclusive _ operating licensee of Plant Vogtle, will be responsible for all licensed activities within the jurisdiction of the NRC. The NRC Staff's view of the facts pertaining to the specific allegations to be- i litigated in Phase I of this proceeding as they relate to the character of these individuals will be an important consideration for the Board in reaching a decision in this case.-
The other three individuals (Messrs. Bockhold, .Aufdenkampe and Mosbaugh) held managerial positions within GPC in 1990 and
-3 Of course, three of those individuals (Messrs. ~ Hairston,
'McCoy.and Shipman) are also current employees of.GPC and, as such, presently exercise authority over licensed activities at-Plant Vogtle.
l
were involved with the issuance of LER 90-006 to the NRC on April 19, 1990, concerning the condition of the Plant Vogtle diesel' generators following the March 20, 1990 site area emergency.
Although these individuals no longer hold positions within the I
GPC or Southern Nuclear Plant Vogtle organizations, the NRC's view of the involvement of these individuals in the issuance of LER 90-006 bears directly on the veracity of these individuals ,
1 c
and on the accuracy of Mr. Mosbaugh's allegation concerning LER j 90-006. J The Staff has based its objection to interrogatory no. 9 simply on the assertions that the NRC "as a collective whole does not in the normal course of business formulate an opinion as to the integrity.of named persons..." and that "the issue here is not the character of particular individuals, but whether the proposed transferee organization has the necessary attributes to receive a license." The Staff's objection, however, fails to establish an appropriate ground for its refusal to answer interrogatory no. 9.
The Staff is wrong with respect.to what is the issue in this ,
proceeding. The matters to be litigated'in Phase I of this proceeding do indeed concern the character of particular individuals as reflected in the specific events that are at. issue in this proceeding, pursuant to the Board's September 24, 1993-order (LBP-93-21).2 These events involve a limited-num'ber of 2.LDP-93-21 held that only those matters that were
" discussed" in Intervenor's Amended Petition were included in Phase I of this proceeding. Those include specific events in
-4 -
individuals. Any determination of character of the proposed transferee with respect to those specific events must, of necessity, be based on the actions of the individuals involved in those events.
The Staff appears to be confusing its evaluation of the license application pursuant to 10 C.F.R. S 50.80(c) (to determine whether the proposed transferee is qualified) with'the review of the specific events that are at issue in Phase I of this proceeding. GPC's interrogatofy no. 9 simply requests the Staff to state, with respect to the matters included in Phase I of this proceeding, its view of particular individuals' involvement in those events. The Staff should have no difficulty expressing its view in these regards since it has previously performed an analysis of the illegal license transfer allegation 3 and it either has reached, or shortly will reach, a conclusion on the merits of the allegation concerning GPC statements in LER 90-006, dated April 19, 1990.4 There is no good reason why the which it is alleged that certain then GPC personnel were_ involved in willful violations of NRC regulations.
3 On April 23, 1990, the Staff issued a Partial Director's Decision which included an analysis of the alleged illegal transfer of licenses. Although the Commission vacated that decision and remanded it to the Staff (see CLI 93-15, 38 N.R.C.
1), the Commission's decision " intimate [d] no view on the soundness of the Staff's analysis of the issues in DD-93-8." 38 N.R.C. at 3.
The Staff's Office of Investigations ("OI") has conducted an extensive review of the allegation concerning LER 90-006.
Presently, it is GPC's understanding that OI's investigation is complete and the OI investigative report has been forwarded'to the Office of-Enforcement for a decision on whether enforcement action is warranted. According to prior Staff filings, the NRC Staff cannot or will not express its views of the facts pertaining to these subjects.
Further, contrary to the Staff's asr,ertion, the Staff frequently addresses the character of particular individuals, as.
reflected by particular actjons or events, in the " normal course of business." In any car.e where serious allegations of misconduct are raised, the Staff makes a determination on the character (e.g., culpability) of the particular individuals whose I actions are in question. The Staff's view of the actions of --,
particular individuals who were involved in the events which are to be litigated in Phase I of this proceeding are necessary to a proper decision in the proceeding and are:not available from another source.
B. Interrogatory No. 10.
GPC's interrogatory no. 10 requested the Staff to identify the names of individuals who have been interviewed by OtI, and the- ,
general subject matter of the interview, with respect to particular interviews which the Staff had only identified by date and-the employer of the interviewee. The Staff has objected to this interrogatory on the ground that "it calls for premature disclosure of information gathered by the Office of Investigations during the course of an investigation."
Staff's decision is expected, barring unforeseen circumstances, to be forwarded to the Commission by. February 18, 1994.
It is GPC's position that, when questions were raised regarding the accuracy of diesel start data reported to the NRC in LER 90-006, GPC employees promptly communicated with the NRC a
Staff to ensure that the NRC was aware of the facts as GPC understood them at the time. While there is some contemporaneous-reference to these communications in Mr. Mosbaugh's tapes, additional information which the NRC may possess concerning these communications is critical to reaching a proper decision in this proceeding. In response to GPC's interrogatories to the NRC Staff, however, the recollections expressed by NRC personnel is general at best. Because the OI interviews of NRC personnel date back to August of 1991, the recorded recollections of those individuals may add important details to present day general recollections.
The purpose of GPC's interrogatory no. 10 was to more fully ,
identify OI interviews of present or former NRC employees in order to allow GPC to determine whether historic statements of key witnesses exist. GPC has not yet sought-production of the interview transcripts and cannot understand how the mere disclosure of the possible existence of material statements is protected.
The NRC Staff's position that it is premature to release the names of the interviewees and the general subject matter of the interviews is surprising given.the very limited nature of GPC's interrogatory as well as the extensive briefings concerning, and the resolution of, prior GPC requests for investigative materials l
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in this proceeding. The Staff's position flies in the' face of the Board's November 17, 1993 ruling (LBP-93-22). Moreover, releasing the identity of OI interviewees and the general subject matter of the interview cannot have any effect on the investigation or the enforcement action. I i
IV. Conclusion, l
I For the reasons stated above, GPC moves the Licensing Board for an order compelling the NRC Staff to respond to interrogatory nos. 9 and 10 of Georgia Power Company's First Set of Interrogatories and Second Request for Production of Documents to the NRC Staff, dated October 8, 1993.
l Dated: January 4, 1994.
.1 n Lamberski TROUTMAN SANDERS Suite 5200. .
600 Peachtree Street, N.E.
Atlanta, GA 30308-2216 (404) 885-3360 Ernest L. Blake, Jr., Esq.
David R. Lewis, Esq.
SHAW, PITTMAN, POTTS &
TROWBRIDGE 2300 N-Street, NW 3 Washington, DC 20037 (202) 663-8084 Counsel for Georgia Power 'l Company ]
1 l
1 l
3
UNITED STATES OF AMERICA f,M/
NUCLEAR REGULATORY COMMISSION
'94 JN1 -5 i;m:52 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
[,$i ~'Ul i, . )'
w '
In the Matter of
- Docket Nos. 50-424-OLA-3 21 al.
- 50-425-OLA-3 (Vogtle Electric
- Re: License Amendment Generating Plant, *
(Transfer to Southern Units 1 and 2)
- ASLBP No. 93-671-01-OLA-3 l
CERTIFICATE OF SERVICE This is to certify that copies of the within and fore- j going " Georgia Power Company's Motion to Compel NRC Staff l Response to Certain Interrogatories" and the cover letter to the Atomic Safety and Licensing Board from John Lamberski
~
were served on all those listed on the attached service list I l
by depositing same with an overnight express mail delivery J service.
1 This is the 4th day of January, 1994.
n Lamberski ROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216 (404) 885-3360
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j 1
In the Matter of *
- Docket Nos. 50-424-OLA-3 )
gt al.
(Vogtle Electric
- Re: License Amendment Generating Plant, * (Transfer to Southern Units 1 and 2)
< 1
- ASLBP No. 93-671-01-OLA-3 l l
SERVICE LIST Administrative Judge Stewart D. Ebneter Peter B. Block, Chairman Regional Administrator .
Atomic Safety and Licensing USNRC, Region II !
Board 101 Marietta Street, NW U.S. Nuclear Regulatory Suite 2900 Commission Atlanta, Georgia 30303 Washington, D.C. 20555 Office of the Secretary Administrative Judge U.S.. Nuclear Regulatory James H. Carpenter Commission Atomic Safety and Licensing Washington, D. C. 20555 Board ATTN: Docketing and Services U.S. Nuclear Regulatory Branch Commission Washington, D.C. 20555 Charles Barth,.Esq.
Office of General Counsel Administrative Judge One White Flint North Thomas D. Murphy Stop 15B18 Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D..C. 20555 Commission Washington, D.C. 20555 Director, Environmental Protection Michael D. Kohn, Esq.- Division Kohn, Kohn & Colapinto, P.C. Department of Natural
'517 Florida Avenue, N.W. Resources !
Washington, D.C. 20001 205 Butler Street, S.E. l Suite 1252 l Office-of Commission Appellate Atlanta, Georgia 30334 !
Adjudication One White Flint North 11555 Rockville Pike Rockville, MD 20852 ATTENTION: Docketing and.
Service Branch I