ML20072A684
| ML20072A684 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 08/10/1994 |
| From: | Joiner J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#394-15564 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9408150149 | |
| Download: ML20072A684 (5) | |
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$Sf DOCKETED USHRC August 10, 1994 UNITED STATES OF AhERICA NUCLEAR REGULATORY COMMISSION 94 AUG 11 PS:14 j
Before the Atomic Safety and Ii wnant gr CRETARY 00CKEli% iY,ME.
BRAhon In the Matter of
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Docket Nos. 50-424-OLA-3
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50-425-OLA-3 i
GEORGIA POWER COMPANY,
)
etal.
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Re: License Amendment
)
(Transfer to
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Southern Nuclear)
(Vogtle Electric Generating
)
l Plant, Units 1 and 2)
)
ASLBP No. 93-671-01-OLA-3 l
l LICENSEE'S REPLY TO INTERVENOR'S j
PROPOSED SCHEDULE OF AUGUST 8,1994 Pursuant to the schedule established by the Board, Licensee herein replies briefly to the proposed completion schedule and reintad comments filed on August 8 by Intervenor.
Intervenor's August 8 pleadings are illuminating. Nowhere does Intervenor even profess a desire to move the process expeditiously to a hearing; his schedule in fact would stretch the proceeding for an additional six months. This is only the latest ploy in a four-year war bete.s GPC and Mosbaugh. It is an expensive and time consuming war. It distracts large numbers of GPC personnel from their required duties. Intervenor and his counsel understand very well the 1
i tremendous burden this proceeding places on GPC.
Intervenor would have the Board read the NRC Rules of Practice to build in months of additional prehearing steps when this is entirely unnecessary. The Rules of Practice are meant j
i to aid in the orderly and efficient administration of a case-not to build time-consuming road blocks into a prehearing schedule. Intervenor complains, for example, that Licensee's proposed M k24 9)
l b
schedule doesn't build in time for formulation of cross-examination plans or marking and prefiling exhibits as supposedly required by 6 2.743. Neither is this time -
y nor does such a requirement exist in the Rules. Intervenor simply has grafted a self-serving interpretation onto the rules to suit his purpose. The Board is authorized to require cross-examination plans or require as much prefiling of exhibits as it desires, but there is clearly no need for these steps months in advance of the hearing, nor is here a need for the schedule to be extended to allow for them.
i Intervenor faults GPC's schedule for not providing a lavish amount of time for a 6 2.752 prehearing conference. That section does not even apply to this proceeding, but even if it did, the 6 2.752 prehearing conference is to be a mechanism for assisting to expedite a proceeding, not another step in delaying the process. 'Ihis Board has always made itself available by phone, and conducted monthly, and at times bi-weekly conferences to resolve issues and expedite the process. It has addressed, and continues to address the matters which 6 2.752 contemplates it addressing. Intervenor's positions to the contrary are hollow.
In short, we believe GPC's schedule to be achievable. It is not posturing as Intervenor professes. It is GPC who bears the burden to prevail in this case. It is GPC who will bear the bulk of preparation to try the case. GPC is prepared to move forward on the schedule it proposed..~
n Respectfully submitted
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e 1-itD t'
/ James E. Joiner U"" ""**""
TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.
Atlanta, Georgia 30308-2216 (404) 885-3000 i
Ernest L. Blake David R. Lewis SHAW, PrITMAN, POTTS &
TROWBRIDGE 2300 N Street, N.W.
Washington, DC 20337 (202) 663-8084 CounselforGeorgiaPower Company Dated:
August 10, 1994 s
UNITED STATES OF AMERICA DOCKETED USHRC NUCLEAR REGULATORY COMMISSION nefore the Atomic Safety and Iinannina Ramrd 0FFICE OF SECRETARY In the Matter of
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Docket Nos g M
0 GEORGIA POWER COMPANY,
)
etal.
)
Re: License Amendment
)
(Transfer to
)
Southern Nuclear)
(Vogtle Electric Generating
)
Plant, Units 1 and 2)
)
ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE i
I hereby certify that copies of Licensee's Reply to Intervenor's Proposed Schedule of August 8,1994 has been served by express mail service, upon the persons listed on the attached service list, this 10th day of August,1994.
L-G i
~ LambersE, Esq.
TROUTMAN SANDERS 600 Peachtree Street, NE Suite 5200 Atlanta, Georgia 30308-2216 (404) 885-3360 Dated: August 10, 1994
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.
BEFORE THE ATOMIC SAFETY.AND LICENSING BOARD j
In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 50-425-OLA-3 Al A1 (Vogtle Electric Re: License Amendment Generating Plant, (Transfer to Southern Units 1 and 2)
Nuclear)
ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge Stewart D. Ebneter.
Peter B. Bloch, Chairman Regional-Administrator Atomic Safety and Licensing USNRC, Region II
-Board 101 Marietta Street, NW U.S. Nuclear Regulatory Suite 2900 l
Commission Atlanta, Georgia 30303 i
Washington, D.C.
20555 office'of the Secretary Administrative Judge U.S. Nuclear Regulatory James H. Carpenter Commission Atomic Safety and Licensing Washington, D.'C. 20555 Board ATTN:
.Dockating and 933 Green Point' Drive Services Branch Oyster Point Sunset Beach, NC 28468 Charles Barth, Esq.
Office of General Counsel Administrative Judge One White Flint North Thomas D. Murphy Stop 15B18 Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission' U.S. Nuclear Regulatory Washington, D. C.
20555 Commission l
Washington, D.C.
20555
- Director, Environmental Protection Michael D. Kohn, Esq.
Department of Natural Division Kohn, Kohn & Colapinto, P.C.
517 Florida Avenue, N.W.
Resources Washington, D.C.
20001 205 Butler Street, S.E.
Suite 1252 Office of Commission Appellate Atlanta,. Georgia 30334 Adjudication One White Flint North 11555 Rockville Pike Rockville, MD 20852
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