ML20070E855

Intervenor Fourth Set of Interrogatories & Request for Documents to Staff of Nrc.* Intervenor a Mosbaugh Requests That Staff of NRC Answer Listed Interrogatories in Writing. W/Certificate of Svc & Svc List.Related Correspondence

ML20070E855
Person / Time
Site:	Vogtle
Issue date:	07/08/1994
From:	Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#394-15369 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9407180063
Download: ML20070E855 (9)

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RELATED CORRESPONDENCE 00CKETED USt1RC UNITED-STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '94 JL 11 P 6 :45 Before Administrative Judges: v Peter B. Bloch, Chair O Fi_If.

ip,,_ Y g;x q"y ;.

Dr. James H. Carpenter 0000 ' ' ' " ~

Thomas D. Murphy '

)

In the. Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 at al., )

?

) 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 FOURTH SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS TO STAFF OF THE U.S. NUCLEAR REGULATORY COMMISSION

.I. INTRODUCTION Pursuant to 10. C F.R. S2.720 and S2.744, Intervenor Allen Mosbaugh hereby requests that Staff of the Nuclear Regulatory-Commission (hereinafter referred to as "NRC") answer the i

following interrogatories in writing and under oath and produce documents identified in response to the.below identified interrogatory questions. Intervenor requests that responses be filed-within 14 days from the service of.this request'and that all relevant documents be made available for inspection and copying within 14 days.

Intervenor asserts that the requested documents (1) are-

• relevant to this proceeding because'they relate to Intervenor's- t assertion that persons associated with Southern Nuclear do not-have the character, competence cn integrity to operate a nuclear facility; and (2) are not available from any other source.

9407180063 940700 9

PDR Q

ADOCK 05000424 PDR ~3)$0

r II. INSTRUCT" m' I A. If you cannot answer a particular interrogatory in full, i

after exercising due diligence to secure the information to do so, so state and answer to the extant possible, specifying and explaining you inaoility to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portion.

B. Each interrogatory is a continuing one, and should be supplemented as required by 10 C.F.R. S2.740(e). ,

C. If you claim that any information which is required to  :,

be provided by you in your recponse to any of these l t

interrogatories is privileged or immune from discovery:  ;

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1. Identify the portion of the interrogatory to which l such information is otherwise the response; .

2. If the information is a document or oral y communication, identify the document's title or the oral  ;

communication and state the general subject matter of the '

document or oral communication; [

3. If the information is a document or oral  !

communication, state the date of the docunent or oral communication.

4. If a document, identify its author (s, and th'

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person (s) for whom it was prepared or to whom it was sent, including all persons who received copies;

5. If an oral communication, ide ntify all persons I 1

present at the time of the oral communication; 2

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6. State the nature of the privilege or immunity l claimed; and

7. State in detail each and every fact upon which you base your claim of privilege or immunity from discovery.

D. In each case where you are asked to identify or to state  !

the identity of a document or where the answer to the  !

l interrogatory refers to a document, state with respect to each ,

such document:

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1. The identify of the person who prepared it;  :

2. The identity of all persons who reviewed or approved it;

3. The identity of the person who signed it, or cver f whose name it was issued;

4. The identity of the addressee or addressees;

5. The nature and substance of the document with sufficient particularity to enable the same to be -

identified;

6. The date of the document; and  :

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7. The present location of the document and the identity and address of each person who has custody of the document.  ;

i 7 i each case where you are required to identify an oral ,

i communication, or where the answer to the interrogatory refers to l

an oral communication, state with respect thereto:  ;

1. The date and place thereof; Y

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2. The identity of each person who participated in or j heard any part of the communication; I

3. If the communication was by telephone, so indicate and state who initiated the telephone call; [

4. The substance of what was said by each person who l t

participated in the communication; and

5. The location and the identity and address of the custodian of any document (including any mechanical, i

magnetic, electrical or electronic recording) that recorded, j summarized, reported or confirmed the oral communication.

F. In each instance where you are asked to identify or

• I state the identity of a person, or where the answer to an interrogatory refers to a person, state with respect to each such' person:

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1. His/her name;

2. His/her last known business and residence addresses  ;

and telephone numbers;

3. If an individual, his/her business affiliation or employment at the date of the transaction, event or matter  !

referred to; and

4. If a corporation or association, the business or activity in which it was engaged at the date of the  ;

transaction, event or matter referred to.

G. As used herein, the term " detail" and the phrases " state in detail", " answer in detail" and " describe in detail" shall i

mean that you are requested to state, with specificity, each and-4 l t

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every fact, ultimate fact, circumstance, incident, act, omission, l event and date, relating to or otherwise pertaining to the f

matters inquired of in said interrogatory. l III. DEFINITIONS  !

1. The term "NRC" shall mean every past er present j employee of tne Nuclear Regulatory Commission, any investigative body, office or subdivision of the Nuclear Regulatory Commission, every past or present Commissioner of the Nuclear Regulatory )

Commission. j

2. The term "Vogtle Coordinating Group" or " Group" shall l t

mean the Vogtle Coordinating Group and all its respective agents, servants, associates, employees, representatives, and others who  !

r are or have been in possession of or may have obtained l information for or on behalf of the Vogtle Coordinating Group.  ;

3. " Document" shall mean every instrument or device by which, through which or on which information has been recorded including those reflecting meetings, discussions or conversations; notes; letters; drawings; files; graphs; charts;  !

maps; photographs; deeds; studies; data sheets; notebooks; I books; appointment calendars; telephone bills; telephone i messages; receipts; vouchers; minutes of meetings; pamphlets; j computations; calculations; accounting (s) ; financial statements; l voice recordings; computer printouts; and device or media on '}

which or through which information of any type is transmitted, recorded or preserved. The term " document" also means every t

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copy of a document when such copy is not an identical duplicate of the original.

4. " Contact" means any and all communication by any means whatsoever that involved a transfer of information, whether written, oral or in any other form, including discussions, letters, memoranda, telephone calls, or telegrams.

5. The term " identify" means:

e As to conversations, stating the parties of the conversation, the date of the conversation, the subject matter of the conversation, and the portions of the conversation responsive to the particular interrogatory;

b. As to the individuals, stating their name, business address, position or job, their relation, if any, to the parties in this proceeding, and their present or former affiliation or contact with Kcspondent;

c. As to meetings and contacts, stating the date of each such meeting or contact., the participants and the titles of those participants, and the substance thereof. Identify all documents written during, or as a result of, such meeting or contact. Identify all communications preceding, during, and subsequent to such meeting or contact.

6. As used herein the term "NRC investigation" shall mean, included but not limited to, any inquiry, internal discussion (s) or scrutiny by NRC.

7. As used herein, the terms " Licensee", " Georgia Power Company", "The Southern Company", "SONOPCO", and any other 6

i derivative therefrom are intended to, and shall, embrace and l include any agent or employee of Georgia Power Company, The j Southern Company, and/or SONOPCO, past or present, their counsel  ?

and all their respective agents, servants, associates, employees, representatives, private investigators, and others who are or ,

have been in possession of or may have obtained information for or on behalf of Georgia Power Company, The Southern Company, '

and/or SONOPCO.

III. INTERROGATORIES AND REOUEST F0F DOCUMENTS -

1. Identify and produce all documents provided to GPC that have not been given to Intervenor that relate, directly or indirectly to the following:

a) the reliability of diesel generators; }

b) the accuracy of the LER; c) the accuracy of the COA; d) matters pertaining to the NRC OI ROI.

(This request excludes the production of all documents which are ,

contained in the PDR and/or the NRC OI ROI.) +

2. Identify and produce all documents, internal or i otherwise, which concern whether anyone at the NRC, including Mr.

Brockman and Mr. Chaffee, communicated to anyone at GPC and/or Southern Nuclear, that they suspected the LER and/or the COA to contain false information.

3. Produce all documents, that Intervenor has requested in previous request for documents in this phase of discovery, which j NRC Staff has not previously produced.

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4. Produce all documents used to or created by responding i to the above interrogatories and document request. 1 i

Respectfully submitted, )

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^ Q ,,, w o , p ..,( ,,e R 1 Michaer D. Kohn Mary Jane Wilmoth KOHN, KOHN AND COLAPINTO 517 Florida Avenue, N.W.

Washington, D.C. 20001-1850 (202) 234-4663 Attorneys for Intervenor Dated: July 8, 1994 4

301\ inter 4.nrc CERTIFICATE OF SERVICE I hereby certify that a copy of Intervenor's Fourth Set Of Interrogatory and Document Request to Staff Of the U.S. Nuclear Regulatory Commission was served this 8th day of July, 1994 by hand-delivery upon counsel to Licensee, David R. Lewis, Esq.,

located at Shaw, Pittman, Pitts & Trowbridge, 2300 N Street, N.W., Washington, D.C.; Charles Barth, Esq., Office of General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555; and by first class mail upon the persons listed in the attached Service List.

i By: / [lM/,*r/['4 T-Mary Jane Wilmoth, Esq.

KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 8

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UNITED STATES OF AMERICA DOCKETED i NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD

)

34 JL 11 P6 :45 ,

In the Matter of )

) Docket Nos. 50 -4@yjgMW3SEC RE TAR.'Y GEORGIA POWER COMPANY ) 50-49CIC-iQLF4h3 & SERVICE .

gt al., ) BRANCH f

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

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge Peter B. Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge James H. Carpenter 933 Green Point Drive Oyster Po'.nt Sunset Beach, NC 28468 Administrative Judge Thomas D. Murphy Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John Lamberski, Esq.

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

Atlanta, GA 30308-2216 Office of the Secretary Attn: Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Commission Appellate Adjudication i U.S. Nuclear Regulatory Commissi

Washington, D.C. 20555 301\ cert.lis ,