ML20069F327
| ML20069F327 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 06/01/1994 |
| From: | Doris Lewis GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Bloch P Atomic Safety and Licensing Board Panel |
| References | |
| CON-#294-15137 OLA-3, NUDOCS 9406080214 | |
| Download: ML20069F327 (3) | |
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1 00CKETED SHAW, PITTMAN, PoTTs & TROWBRl6@RC A PARTMERSHIP DNCLUOeseG PWE SteON AL CORPORATIOces b
HARM CREDIT DRIVE 2300 N STREET. N.W.
McLE AN. VIRGINIA 22102-6004 WASHINGTON, D.C. 20037 1128 (202) 683 8000
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DOCXE nHG 8 ST h d N'i gaga June 1,1994 Peter B. Bloch, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20553 in the Matter of Georgia Power Company (Vogtle Electric Generating Plant, Units 1 & 2)
Docket Nos. 50-424-OLA 3,50-425-OLA-3
Dear Judge Bloch:
On Friday, when we discussed scheduling a confcrence call for June 2 to address certain discovery issues that the parties believed they would be unable to resolve, you indi-cated that it would be very helpful if the parties could identify these issues to you in advance. This letter responds to your request.
The concerns discussed among the parties on Friday relate to the " Notice of Deposi-tion by Written Interrogatories and Oral Examination and Request for Documents," which Intervenor filed on May 20,1994, but may have broader implications with respect to the scope of the proceeding. Georgia Power Company,Intenenor and the NRC Staff discussed this discovery request at some length on Friday and were able to reach some agreements. However, certain differences remain and an expeditious ruling would be very helpful to avoid any further delays in the discovery schedule.
A number of Intervenor's interrogatories elicit information which we understand is intended to determine the character and competence of members of the Boards of Direc-tors of Georgia Power Company and the Southern Company. Intervenor's position is that the character of these individuals is within the scope of the proceeding, and Intervenor may challence each Director individually and seek his or her removal. Intervenor believes that Georgia Power Company and The Southern Company must be in a position to oversee Plant Vogtle after the license is transferred. Georgia Power Company's position is that this proceeding (particularly the diesel generator reporting issues to which discovery is currently hmited) addresses the character and competence of Southern Nuclear as the proposed operator, and that the character and competence of Directors who will not be responsible for Vogtle if the license is transferred is irrelevant.
A second area of concern involves questions seeking individual knowledge of and response to "the site arec emergency" and 'any of Mr. Mosbaugh's alle,gations." Interve-nor's position is that these questions are relevant to a general inquiry mto character, which Intervenor believes he may pursue in this proceeding. Georgia Power Company's position is that this proceeding (or at least the current Phase 1) is limited to the factual bases pleaded in Intervenor's Amended Petition. We understand and accept the Board's view I
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r SHAW, PITTM AN, PoTTs & TROWBRIDGE a Pamf 4E AlpetP thCLUDehG PROF S SSIOseat CORPO Aaf SONS Atomic Safety & Licensing Board June 1,1994 Page Two that these issues are broad enough to encompass the subject matter of the NOV, but we do not believe that the proceeding has been expanded to encompass allegations that were neither raised in the Amended Petition nor addressed in the NOV.
This letter has been reviewed and agreed to by Intervenor's counsel. We look forward to discussing the issues with you at our 2:30 p.m. call tomorrow.
Sincerely, r
A David R. Lewis Counsel for Licensee cc:
Service List i
00CKETED USHRC UNITED. STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 94 JUN -6 A9 :19 Before the Atomic Safety and Licensing Board 0FFICE OF SECRETARY DOCKETmG & SLRVICE
)
BRANCH in the Matter of
)
Docket Nos. 50-424-OLA-3
)
50-425 OLA-3 GEORGIA POWER COMPANY,
)
et al.
)
Re: License Amendment
)
(Transfer to Southern (Vogtle Electric Generating
)
Nuclear)
Plant, Units 1 and 2)
)
)
ASLBP No. 93-671-01-OLA-3 SERVICE LIST
- Administrative Judge Office of the Secretary Peter B.
Bloch, Chairman U.S.
Nuclear Regulatory Commission Atomic Safety & Licensing Board Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission ATTN Docketing and Services Branch Washington, D.C.
20555
- Mitzi A.
Young, Esq.
Administrative Judge
- Charles Barth, Esq.
Dr. James H. Carpenter Office of General Counsel Atomic Safety & Licensing Board One White Flint North 933 Green Point Drive Stop 15B18 oyster Point U.S.
Nuclear Regulatory Commission Sunset Beach, N.C.
28468 Washington, D.C.
20555 Administrative Judge
- Director, Thomas D.
Murphy Environmental Protection Division Atomic Safety & Licensing Board Department of Natural Resources U.S. Nuclear Regulatory Commission 205 Butler Street, S.E.
Washington, D.C.
20555 Suite 1252 Atlanta, Georgia 30334
- Michael D.
Kohn, Esq.
Kohn, Kohn & Colapinto, P.C.
Office of Commission Appellate 517 Florida Avenue, N.W.
Adjudication Washington, D.C.
20001 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Stewart D.
Ebneter Regional Administrator Adjudicatory File USNRC, Region II Atomic Safety and Licensing Board 101 Marietta Street, N.W.
U.S. Nuclear Regulatory Commission Suite 2900 Washington, D.C.
20555 Atlanta, Georgia 30303 l
An asterisk indicates that a copy was transmitted to the recipi-j ent by facsimile.
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