ML20070E996

Intervenor Second Request for Admissions to NRC Staff.* Requests for NRC to Answer Request for Admissions & Interrogatory & Produce Documents as Required.Certificate of Svc & Svc List Encl.Related Correspondence

ML20070E996
Person / Time
Site:	Vogtle
Issue date:	07/07/1994
From:	Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#394-15367 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9407180119
Download: ML20070E996 (14)

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NI PEATED CORRESPONDENCE DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION *94 JLt 11 P6 :22 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: O f~ F F ~ ~'J 2 '"M

Peter B. Bloch, Chair DC' Dr. James H. Carpenter Thomas D. Murphy

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In the Matter of )

} Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 et 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 SECOND REQUEST FOR ADMISSIONS TO NRC STAFF I. INTRODUCTION Intervenor, pursuant to Rules 26, 33 and 36, of the Federal.

Rules of Civil Procedure and 10 C.F.R. S 2.742, hereby requests that NRC Staff answer the following request for admissions and deliver this answer to the law office of Kohn, Kohn and-Colapinto, P.C. on or before August 8, 1994. Furthermore,-

pursuant to 10 C.F R. S 2.740b, NRC Staff ~is requested to answer-each interrogatory, request for admission and/or document request question contained within this document. Additionally, pursuant to 10oC.F.R. S 2.741, NRC Staff is requested to produce any documents required to be produced through this_ request' to the law office of Kohn, Kohn and Colapinto, P.C. on or before August.8, 1994.

II. -INSTRUCTIONS A. If you cannot answer a particular interrogatory, request for. admission and/or document request in full, after exercising 9407180119 940707 ADDCK 05000424

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due diligence to secure the information to do so, so state and answer to the extent possible, specifying and explaining your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portion.

B. Each interrogatory, request for admission and/or document request 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 response to any of these interrogatories, requests for admission and/or document requests is privileged or immune from discovery:

1. Identify the portion of the interrogatory, request for admission and/or document request to which such information is otherwise the response;

2. If the information is a document or oral 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 document or oral communication.

4. If a document, identify its author (s) and the person (s) for whom it was prepared or to whom it was sent, including all persons who received copies;

5. If an oral communication, identify all persons present at the time of the oral communication;

6. State the nature of the privilege or immunity 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 identify of a document or where the answer to the interrogatory, request for admission and/or document request refers to a document, state with respect to each such document:

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 over whose name it was issued;

4. The identity of the addressee or addressees;

5. The nature and substance o? the document with sufficient particularity to enable the same to be identified;

6. The date of the document; and

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

E. In each case where you are required to identify an oral communication, or where the answer to this discovery request refers to an oral communication, state with respect thereto:

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1. The date and place thereof; )

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

3. If the communication was by telephone, so indicate 7

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} and state who initiated the telephone call;

4. The substance of what was said by each person who participated in the communication; and i

5. The location.and the identity and address of the custodian of any document (including any mechanical, magnetic, electrical or electronic recording) that recorded, summarized, reported or confirmed the oral communication. l i

F. In each instance where you are asked to identify or state the identity of a person, or where the answer to an interrogatory, request for admission and/or document request refers to a person, state with respect to each such person:

1. His/her name;

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

3. ;r 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.

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III. DEFINITIONS A. As used herein, the terms "NRC", "you" and/or "your" and  !

l any derivative therefrom are intended to, and shall, embrace and include any and all offices within the Nuclear Regulatory Commission, including NRC Staff, NRC Office of Investigations, and all their respective attorneys, agents, servants, associates, '

employees, representatives, investigators, and others who are or have been in possession of or may have obtained information for or on behalf of the NRC in any manner with respect to any matter pertaining to information responsive to any request for admission and/or interrogatory question set out below as well as any and document requested below.

B. As used herein, the term "SONOPCO," " Southern Nuclear" and " Southern Nuclear Operating Company, Inc.," shall include an entity formerly known as the "SONOFCO project" as well as a the current corporate entity now generally referred to as " Southern Nuclear."

C. As used herein, the term " documents" includes any written, recorded or graphic matter, however produced or reproduced, of every kind and regardless of where located, including but not limited to any summary, schedule, memorandum, I

note, statement, letter, telegram, interoffice communication, report, diary, desk or pocket calendar or notebook, daybook, appointment book, pamphlet, periodical, work sheet, cost sheet, list, graph, chart, index, tape, record, partial or complete report of telephone or oral conversation, compilation, tape

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recordings made by Intervenor, tabulation, study, analysis, transcript, minutes, and all other memorials of any conversations, meetings, and conferences by telephone or otherwise, and any other writing or recording which is in the possession, custody or control of the NRC or any employees, representatives, attorneys, investigators, or others acting on its behalf.

D. As used herein, the terms "and" and "or" shall each mean and/or.

E. As used herein, the " Allen Mosbaugh" and the term

" petitioner" or "intervenor" shall mean Allen Mosbaugh, the Intervenor in this proceeding.

F. As used herein, the term "date" shall mean the exact day, month, and year, if ascertainable, or if not, the best approximation thereof, including relationship to other events.

G. As used herein, the term " person" shall mean any individual, partnership, firm, association, corporation or other government, legal or business entity.

H. As used herein, the term " detail" and the phrases " state in detail" and " describe in detail" shall mean that you are requested to state, with specificity, each and every fact, ultimate fact, circumstance, incident, act, omission, event and date, relating to or otherwise pertaining to the matters inquired of in said interrogatory, i

I. As used herein, the term "NRC OI ROI" shall mean United States Nuclear Regulatory Commission (NRC) Office of I

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Investigations (OI) Report of Investigation (ROI) entitled Vogtle Electric Generating Plant: Alleged False Statements Regarding Test Results on Emergency Diesel Generators, Case Number 2 020R, Report Date of December 20, 1993.

IV. REQUEST FOR ADMISSIONS

1. Following is a list of the transcripts of Mosbatgh  !

tapes used in the NRC OI ROI. They are listed by exhibit number ;

and Identified by tape number. Admit to the accuracy of each of the transcripts listed.

(a) Exhibit No. 34: Transcript of tape No. 57

• Admit Deny (b) Exhibit No. 36: Transcript of tape No. 58 Admit Deny (c) Exhibit No. 57: Transcript of tape No. 187 Admit Deny (d) Exhibit No. 60: Transcript of tape No. 184 -

Admit ,

Deny p

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f (e) Exhibit No. 62: Transcript of tape No. 42 Admit Deny  ;

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t (f) Exhibit No. 64: Transcript of tape No. 269  ;

i Admit  !

Deny l

(g) Exhibit No. 66: Transcript of tape No. 41  !

i Admit Deny 3

P (h) Exhibit No. 68: Transcript of tape No. 258 ,

Admit  ;

Deny l 2

(i) Exhibit No. 70: Transcript of tape No. 10 Admit Deny I

(j) Exhibit No. 72.: Transcript of tape No. 186 Admit Deny _l

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(k) Exhibit No. 74: Transcript of tape No. 99 r Admit Deny (1) Exhibit No. 76: Transcript of tape No. 222 ,

Admit Deny j (m) Exhihic No. 78: Transcript of tape No. 247  :

Admit Deny k

(n) Exhibit No. 80: Transcript of tape No. 246 Admit .

Deny [

l (o) Exhibit No. 82: Transcript of tape No 254 Admit  !

Deny (p) Exhibit No. 84: Transcript of tape No. 226 ,

i Admit Deny I

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I (q) Exhibit No. 86: Transcript of tape No. 227  !

Admit Deny (r) Exhibit No. 88: Transcript of tape No. 253  ;

Admit j Deny  ;

(s) Exhibit No. 90: Transcript of tape No. 215 ,

Admit  ;

Deny (t) Exhibit No. 92: Transcript of tape No. 267  ;

Admit s  ;

i Deny (u) Exhibit No. 94: Transcript of tape No. 214 l Admit Deny (v) Exhibit No. 98: Transcript of tape No. 160 Admit Deny

2. If you denied the accuracy of any part, section, and/or sentence of the transcript identified in the request for i

admissions 1(a)- (v) above, describe in detail each part, section, or sentence of which you deny the accuracy for each transcript identified in 1(a)- (v) above.

3. For each part, section, or sentence of the transcript of which you identified in your response to No. 2 as not being accurate, please explain in detail for each part, section, and/or sentence which you deny is accurate of each transcript, and your.

reasons for denying the accuracy of that part, section, and/or sentence.

4. Produce all documents used in answering Nos. 1-3 above.

5. Produce all documents created in answering Nos. 1-3 above.

Respectfully submitted, MbAPfll N Mary fade Wi160th KOHN', KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001-1850 (202) 234-4663 Attorney for Intervenor DATED this 7th day of July 1994.

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DOF TiiO UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD .cg yg j ) pg 3 i

)

In the Matter of ) c-

) Docket Nos. 50-424-OL7p g' ,n GEORGIA POWER COMPANY ) 50-425-OLA-3  ;

et al., )

) Re: License Amendment (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 Second Request for Admissions to NRC Staff, Intervenor's Sixth Request for ,

Interrogatories and Document Request to Georgia Power Company,  ;

and Intervenor's Third Request for Admissions to Georgia Power -

Company have been served this 7th day of July, 1994, by first class mail upon the persons listed in the attached Service List, with the exception that they were hand delivered to the Office of General Counsel, and Licensee's Washington counsel as indicated by "*".

By: 'Cy n f t i f : bl 1 't ~

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l, Mary Ja/1'e' Wilmoth, Esq.

KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.  ;

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

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

)

J In the Matter of )

) Docket Nos. 50-424-OLA-3  ;

GEORGIA POWER COMPANY ) 50-425-OLA-3 1 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 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 Point Sunset Beach, NC 28468 Administrative Judge j Thomas D. Murphy -l Atomic Safety and Licensing Board  ;

U.S. Nuclear Regulatory Commission l Washington, D.C. 20555

• Charles A. Barth, Esq.  !

Office of General Counsel U.S. Nuclear Regulatory Commission 3 Washington, D.C. 20555 John Lamberski, Esq.

Troutman Sanders Suite 5200 4 1

-600 Peachtree Street, N.E.

Atlanta, GA 30308-2216

• Ernest L. Blake, Jr.

David R. Lewis '

SHAW, PITTMAN, POTTS.&

TROWBRIDGE  ;

2300 N Street, N.W.

Washington, D.C. 20037 2

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office of-the Secretary ,

. Attn: Docketing and Service j U.S. Nuclear Regulatory Commission i Washington, D.C. 20555 l Office of Commission Appellate l

Adjudication

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U.S. Nuclear Regulatory Commission Washington, D.C. 20555  ;

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