ML20071G885

Ga Power Company Objections to Document Requests in Intervenor Notice of Depositions.* W/Certificate of Svc & Svc List.Related Correspondence

ML20071G885
Person / Time
Site:	Vogtle
Issue date:	07/01/1994
From:	Doris Lewis GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	AFFILIATION NOT ASSIGNED
References
CON-#394-15358 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9407130140
Download: ML20071G885 (7)

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MATED CORRESPONDENCE DOCKETED JulyUE)II['94 9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .N A -8 M 50 Sefore the Atomic Safety and LicensingvBoard g.

ONf i? i ' ' ^1

)

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 GEORGIA POWER COMPANY'S OBJECTIONS TO THE DOCUMENT REQUESTS IN INTERVENOR'S NOTICE OF OEPOSITIONS On June 27, 1994, Intervenor Allen M. Mosbaugh filed a Notice of Deposition certaining to twenty-one named individuals.1/ The notice includes an extremely broad and bur-densome document request, which is directed more to Georgia Power Company (GPC) than to the named deponents and seeks documents beyond the scope of this proceeding. GPC has discussed this doc--

ument request with Intervenor, but Intervenor has been unwilling to agree to reasonable bounds. Accordingly, in accordance with Intervenor's request set out in the last paragraph of the notice of deposition, GPC providas these written objections.

1/ Intervenor's Notice of Deposition of Kenneth Holmes; Paul Kochery; Kenneth Stokes; Tom Webb; Rick Odom; Skip Kitchens; Guss Williams; George Bockhold; James Bailey; William Shipman; Paul Rushton; Louis Ward; Cliff Miller; Mark Ajuluni; David Lisenby; C. K. McCoy; George Hariston; R. P. Mcdonald; Joseph Farley; and A. W. Dahlberg (June 27, 1994).

9407130140 940701 PDR ADOCK 05000424 Ip G PDR

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GPC has previously produced sixty thousand pages of docu-ments in this proceeding. GPC will review these documents and identify and bring to each deposition all such documents received from the deponent. -GPC also does not object to the individuals be requested to bring.any additional personal documents relevant to this proceeding. Intervenor's demand for a msssive new docu-ment production in a very short time frame, however, is unreasonable.

Intervenor's-Notice directs each of the identified individu-als "to bring to their depositions (five categories of] documents-that are or at any time were in their immediate control or pos-session (or in the immediate control or possession of their employer or legal counsel to GPC or other counsel retained to represent any individuals in the instant matter)." Notice at 2.

While it is customary for a notice of deposition to ask a deponent to; bring documents in his or her. possession, it is nei- ,

ther customary nor reasonableLto demand that allfdocuments -in the possession ~of the employer be produced at the same time.2/ Docu-ment requests directed to.GPC are-governedfby 10 C.F.R. S 2.741, which affords GPC-a thirty-day periodEin which-toLrespond.

a Intervenor's Notice would in effect nullify the document

.2/ As stated above, GPC will identify.and produce those docu- -

ments that_it previously received from-the named deponents and produced in this proceeding.

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production procedure in the Rules of Practice and demand exten-sive new document production from GPC in as little as ten days (when the first deposition is scheduled). For example, in con-junction with the second category of document, Intervenor would require GPC to provide every design and maintenance document (every procedure, every maintenance work order ard package, every inspection report, every record of starts or runs) relating to

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the diesel generators, from initial procurement to the present day. This could amount to thousands of documents.

Intervenor's has had months in which to file its document requests, and this last minute demand is unreasonable'.

With respect to the categories of documents requested, Intervenor first asks for:

documents which contain the hand writing, thoughts c;;

impressions of the witness with respect to:

a) LER 90-006, b) the April 9, 1990 presentation to tr. 'lRC; c) the April 9, 1990 corrective action .asponse filed by GPC; d) any issue in NRC OI Report 2-90-020R or the May 9, 1994 Notice of Violation issued by the Nuclear Regula-tory Commissfor. to Georgia Power Company; Notice at 2-3. This first category of requested document would include statements unrelated to the diesel generator reliability.

In discussions, Intervenor's counsel gave as an example state-ments in the LER concerning the truck accident in the switchyard that initiated the March 20, 1990 event. This position is incon-sistent with the Board's June 2, 1994 Memorandum and Order (Scope of Discovery).

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Intervenor's second category of requested documents asks for "all information directly or indirectly relating to the Plant Vogtle diesel generators or the air quality of said diesel gener-ators." Notice at 3. The request is overbroad because no time limits are provided.

Intervenor's third category of requested documents asks for "all information transmitted between the Plant Vogtle site and/or SONOPCO/GPC Birmingham corporate offices that in any way concerns the diesel generators or site area emergency." Notice at 3.

This request is objectionable because it is not limited to docu-ments related to the diesel generator reliability issue in this proceeding. Under the Board's June 2, 1994 Memorandum and Order, questions directed to discovering what different individuals learned during the site area emergency is permissible only if it may be expected to relate directly or indirectly to whether Geor-gia Power told the whole truth about its diesel generators.

Intervenor's fourth category of requested documents asks for "all personally (sic) notes, log books, note books, personal cal-endars, taped memos, tape recordings or other documentation pre-pared by the witness or which includes the thoughts or impres-sions of the witness for the time period of January 1, 1990 through December 31, 1990." Notice at 3, Intervenor's fifth category of requested documents similarly asks for "all log books or note books any of the witnesses maintained, reviewed or relied

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upon when performing any business function related to the start-up of plant Vogtle after the Site Area Emergency." Id. We object to these requests to the extent they seek documents unre-lated to the diesel generator reliability issue in this proceed-ing.

Without waiving these objections, GPC will identify and bring to each deposition those documents previously produced by GPC in this proceeding that were provided by the deponent. GPC will also ask the deponents to bring relevant portions of addi-tional personal documents if they contain information relating to the diesel generator reliability issue in this proceeding.

Respectfully submitted, r__ r

< \

Ernest L. Blake, Jr.

David R. Lewis SRAW PITTMAN POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663 8000 John Lamberski TROUTMAN SANDERS 600 Peachtree Street, NE Suite 5200 Atlanta, GA 30308-2216 (404) 685 3300 Counsel for Georgia Power Company Dated: July 1, 1994

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T DOCKETED UNITED STATES OF AMERICA US RC NUCLEAR REGULATORY COMMISSION Bef ore the Atornic Saf ety and Licensing Board '94 JUL -8 P5 30 0F FICE OF SED:E IARY

) 00CKEl F d . IMCf In tne Matter of ) Docket Nos. 50-424-OLAM!g y

) 50-425-OLA-3 GECRGIA 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

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Georgia Power Company's Objections to Document Requests in Intervenor's Notice of Deposi-tion," dated July 1, 1994, were served by deposit in the U.S.

Mail, first class, postage prepaid, or where indicated by an asterisk by hand delivery, upon the persons listed on the attached service list, this first day of July, 1994.

David Lewis Dated: July 1, 1994

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Board

)

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.

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 Deach, 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 L 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, NW U.S. Nuclear Regulatory Commission Suite 2900 Washington, D.C. 20555 Atlanta, Georgia 30303 l

M /0329/074rRL.94 l

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