ML20072F026
| ML20072F026 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 08/18/1994 |
| From: | Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#394-15597 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9408230175 | |
| Download: ML20072F026 (5) | |
Text
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August 18 6
UNITED STATES OF AMERICA D
NUCLEAR REGULATORY COMMISSION s
Before the Atomic Safety and Licensina Board
- 7 AUG 18199L
~
DOCKETWG &
SERVCE BRANCH
(
)
h SE N RC In the Matter of
)
Docket Nos. 50-424-OLA-G[g th 50-425-OLA-3 Lt
)
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 RESPONSE TO THE BOARD'S MEMORANDUM AND ORDER CONCERNING THE DEPOSITION OF BILL SHIPMAN The Licensing Board's Memorandum and Order (Deposition of Bill Shipman), LBP 94-24 (August 18, 1994), denied Intervenor's Motion to Compel GPC to Produce Bill Shipman (August 15, 1994) subject to the conditions that Georgia Power Company ("GPC")
either (1) file with the Board an affidavit discussing why Mr.
Shipman's willingness to attend a deposition should not be honored by the Board, or (2) state that Mr. Shipman will attend a deposition subject to specific conditions that are consistent with the Board's decision and are acceptable to Mr. Shipman.
Counsel for GPC has consulted with Mr. Shipman and his personal counsel and, collectively, have decided that Mr. Shipman will be made available for a deposition on Monday, August 22, 1994.
GPC and Mr. Shipman, however, request that the deposition be subject to the following conditions:
1)
The deposition be conducted in the Company's Birmingham 47 9408230175 940818 ADOCK05000g4
)gb DR
- _. - - - _ ~
4 offices;F 2)
The Board's Chair monicor the deposition by telephone; 3)
The deposition begin at 11:00 a.m. Central Time (12:00 Eastern Time) and continue for no more than four and a half hours,F with one-half hour reserved for NRC Staff and GPC questioning, and allowing additional time for breaks requested by Mr. Shipman; 4)
A transcript of the August 5 depositionF and a cross examination plan be made available to the Board; 5)
Questions that have previously been asked and answered i
not be permitted; and 6)
No further deposition of Mr. Shipman be conducted in this proceeding.
F GPC contemplates that Mr. Shipman, his counsel, GPC counsel and the court reporter would, at a minimum, be present in the Birmingham offices.
GPC is agreeable to have Intervenor conduct, and the NRC Staff participate in, the deposition by telephone.
F This period of time is reasonable to Mr. Shipman and should be sufficient to Intervenor's counsel to conclude the deposition based on his statement at the end of the prior deposition that he was half-way through his questioning.
F This assumes that the court reporter is physically able to deliver a transcript to the Board's chair before the deposition begins on August 22. - --
i 1
I J
Respectfully submitted, h
m'es E.
Joiner ohn Lamberski TROUTMAN SANDERS 600 Peachtree Street, NE Suite 5200 Atlanta, GA 30308-2216 (404) 885 3360 Ernest L.
Blake, Jr.
I David R. Lewis SHAW PITTMAN POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 (202) 663 8000 i
Counsel for Georgia Power Company i
l Dated:
August 18, 1994 l
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8 UNITED STATES OF AMERICA
'K NUCLEAR REGULATORY COMMISSION e4 Rgfore the Atomic Safety and Licensino Boar f
j I
)
)
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 CERTIFICATE OF SERVICE I hereby certify that copies of " Georgia Power Company's Response to the Board's Memorandum and Order Concerning the Deposition of Bill Shipman," dated August 18, 1994, were served by deposit with an express mail delivery service, or by facsimile where indicated by and asterisk, upon the persons listed on the attached service list, this 18th day of August, 1994.
n Lambelski
l I
y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 gi 3.1 50-425-OLA-3 1:
(Vogtle Electric Re: License Amendment Generating Plant, (Transfer to Southern Units 1 and 2)
Nuclear)
ASLBP No. 93-671-01-OLA-3 SJRVICE 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 Commission Atlanta, Georgia 30303 Two White Flint North 11545 Rockville Pike Office of the Secretary Rockville, MD 20852 U.S.
Nuclear Regulatory Commission Administrative Judge Washington, D.
C.
20555 James H.
Carpenter
- ATTN:
Docketing and Atomic Safety and Licensing Services Branch Board 933 Green Point Drive Charles Barth, Esq.*
Oyster Point Mitzi Young, Esq.
Sunset Beach, NC 28468 Office of General Counsel One White Flint North Administrative Judge Stop 15B18 Thomas D. Murphy
- U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.
C.
20555-U.S.
Nuclear Regulatory Commission
- Director, Two White Flint North Environmental Protection 11545 Rockville Pike Division Rockville, MD 20852 Department of Natural Resources Michael D. Kohn, Esq.*
205 Butler Street, S.E.
Kohn, Kohn & Colapinto, P.C.
Suite 1252 517 Florida Avenue, N.W.
Atlanta, Georgia 30334 Washington, D.C.
20001 Office of Commission Appellate Adjudication One White Flint North 11555 Rockville Pike Rockville, MD 20852
-.