ML20065R600

Intervenor Motion to Compel Tape Transcripts.* Intervenor Counsel Informal Requests to Gpc Counsel to Provide Intervenor Access to Listed Tapes Declined.Opines That to Exempt Gpc Would Delay Proceedings.W/Certificate of Svc

ML20065R600
Person / Time
Site:	Vogtle
Issue date:	05/06/1994
From:	Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#294-15011 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9405120048
Download: ML20065R600 (5)

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UNITED STATES OF AMERICA- DOCKETED NUCLEAR REGULATORY COMMISSION USNPC ATOMIC SAFETY AND LICENSING BOARD

) 34 BW -6 P2 :45 l In the Matter of ) l H

) Docket Nos. 50-424-OLA-3 1 GEORGIA POWER COMPANY J 0F

)

g &, ) 50-425 yngCpf,Q,SECP DOCL W

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) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 INTERVENOR'S MOTION TO COMPEL TAPE TRANSCRIPTS Backaround In September of 1990, Allen Mosbaugh turned over some 277 )

l tape recordings to NRC's Office of Investigations. Thereafter, GPC repeatedly asked NRC to return tapes to Mr. Mosbaugh so that  !

these tapes could be made available to GPC in discovery. NRC l

eventually turned over 201 tape recordings to Mr. Mosbaugh who,  ;

i in turn, was under a court-imposed order (pursuant to an order i issued by a Department of Labor administrative law judge) to i

immediately provided them to GPC. NRC did not transcribe or copy these tapes before returning them to GPC. GPC's counsel confirmed that it prepared transcripts of the 201 recordings produced to GPC by Mr. Mosbaugh.

During the course of this proceeding, Intervenor's counsel i

has made, on more than one occasion, informal requests to GPC's  !

l counsel to provide Intervenor access to these transcripts.1 Based on Intervenor's review of information contained in these tapes it is apparent to Intervenor's counsel that i

1 GPC did produce a hand full of these transcripts to Intervenor, but has since refused to produce the remainder of the transcripts.

9405120048 940506

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ADOCK 05000424 PDR-hS Y

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Intervenor will seek to admit portions of these tape recordings into the record of this proceeding. Other than GPC's tape transcripts, it appears that no other transcript of these recordings exist.

GPC's counsel has declined Intervenor's request to obtain a copy of the following tapes (identified by NRC tape number):

001-006, 015, 016, 022, 023, 025, 026, 033, 036-038, 044, 046, 051, 052, 054-056, 059-065, 067, 068, 070, 072, 077, 078, 080, 082, 084, 085, 088, 091-094, 097, 104, 105, 108-121, 123-125, 129-142, 144-154, 163, 164, 170, 171, 173, 174, 176-181, 189-198, 202, 203, 206-211, 218, 221, 228, 229, 232, 233, 235-244, 263, 265, 270-277.

GPC's counsel has indicated on more than one occasion that its client is interested in expediting this proceeding. The failure to produce these tapes will only slow down these proceedings (i.e., oral review of tapes by Intervenor's counsel would be far more time consuming than review of transcripts).

Moreover, the process employed by the parties to date to obtain I

stipulations to language contained in tape recordings is that each party reviews the same tape transcript and that a final transcript containing stipulations as to language will be produced which identifies any remaining disagreements. As a tape I

transcript already exists for these tapes it would be counter-productive not to begin the review process with the existina transcripts.

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Finally, turning over these transcripts is consistent with the past procedure where NRC Staff turned over all of the tape l

l transcripts to GPC and Intervenor's counsel turned over all transcripts and tapes it Intervenor's possession. To exempt GPC l

l would only delay these proceedings. l l

I l l  !

Respectfully submitted, Michael D. Kohn Kohn, Kohn & Colapinto, P.C.

517 Florida Ave., N.W. l Washington, D.C. 20001 )

(202) 234-4663 i 1

301\ motion l

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00CKETED UNITED STATES OF AMERICA USHRC 4 NUCLEAR REGULATORY COMMISSION l

) 94 mY -6 P 2 25 In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-gISni30FjECfE .

gt &, 00CKEIn> 4 /

)

) Re: License Amendment BHhh2 (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that Intervenor's Motion to compel Tape Transcripts, dated May 2, 1994 has been served on the 2nd day of May, 1994 by hand delivery on May 3, 1994 on the following (and by facsimile on May 2, 1994 on those persons designated with an

"*"):

dG Administrative Judge Peter B. Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 M Administrative Judge James H. Carpenter 933 Green Point Drive Oyster Point Sunset Beach, NC 28468 3$ Administrative Judge Thomas D. Murphy Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

$

• Charles A. Barth, Esq. )

Office of General Counsel  ;

U.S. Nuclear Regulatory Commission l l

Washington, D.C. 20555 O John Lamberski, Esq.

Troutman Sanders l Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216

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• Ernest L. Blake, Jr.

David R. Lewis SHAW, PITTMAN, POTTS &

TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 and by first class mail on May 2, 1994 upon:

Office of the Secretary Attn: Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 By:

Michael D. Kohn KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 i i

301\ cert.4 j l

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