ML20076K055
| ML20076K055 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 10/13/1994 |
| From: | Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#494-15823 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9410270138 | |
| Download: ML20076K055 (4) | |
Text
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OCT 1~/ pa.M ct ber 13, 1994 UNITED STATES OF AMERICA NUCLEAR REGULATO SOMMISSION.-
ATOMIC SAFETY AND QENSINGBOARD' l
Before Administrative Judges:
Peter B.
Bloch, Chair Dr. James H.
Carpenter Thomas D.
Murphy
)
In the Matter of
)
)
Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY
)
50-425-OLA-3 g al.,
)
)
Re: License Amendment (Vogtle Elactric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
___)
ASLBP No. 93-671-01-OLA-3 INTERVENOR'S MOTIONS TO POSTPONE DEPOSITIONS OF NRC PERSONNEL UNTIL THE CONCLUSION OF LICENSE TRANSFER HEARING CCMES NOW, Allen Mosbaugh, Intervenor in the above captioned matter, pursuant to 10 C.F.R. 52.740(d), and respectfully moves the Atomic Licensing and Safety Board to postpone the taking of depositions of NRC personnel until after the hearing concerning the transfer of control of the license is concluded.
Intervenor makes this request for the following reasons:
1.
The discovery on diesel generator issues should have been concluded on August 8,
1994, but NRC Staff did not make NRC personnel available for deposition before the close of discovery; 2.
The proceeding has been bifurcated.
The first matter to be heard relates to transfer of control of the license, which is scheduled to commence on December 9410270138 941013 7
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19, 1994 and Intervenor is devoting his efforts to prepare for the hearing.
The second matter scheduled for hearing concerns the diesel generator issues, and is scheduled for hearing on March 15, 1994; 3.
Depositions of NRC personnel were not included in the schedule adopted by the Board at the last status conference; 4.
Intervenor's counsel was not consulted about the timing of the depositions.
Based on the current proposed schedule, it appears that GPC anticipates conducting five depositions on five separate dates requiring two trips to Atlanta, Georgia; 5.
The depositions of NRC personnel are limited to l
diesel generator issues.
Intervenor is geared to bring license transfer issue to hearing.
Preparing for diesel generator depositions of NRC personnel, including those Intervenor plans to conduct, will strain Intervenor's legal resources to the extent that j
preparation of Intervenor's license transfer case will be harmed; 6.
As a result of bifurcating the hearing, it would i
be an unfair burden on Intervenor to allow depositions l
of NRC personnel related to diesel generators to go forward before the conclusion of the illegal license l
transfer portion of this proceeding.
1 l
l l
2 l
l
CONCLUSION For the above stated reasons Intervenor respectfully moves this Honorable Board to postpone the taking of depositions of all NRC personnel regarding diesel generator issues until the conclusion of the hearing on the illegal license transfer.
Respectfully submitted,
/dfh[
A M
Michaal,'j'D.
Kohn Mary Jane Wilmoth KOHN, KOHN & COLAPINTO, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 Counsel to Intervenor
=====================================================
CERTIFICATE OF SERVICE I hereby certify that INTERVENOR'S MOTIONS TO POSTPONE DEPOSITIONS OF NRC PERSONNEL UNTIL THE CONCLUSION OF LICENSE TRANSFER HEARING was served via first class mail on October 13, 1994 upon the persons listed in the attached Service List; and that additional copies were served via facsimile that same day on persons identified with ("*")
By:
N /f/ fed [ /I[/.
MaYy\\Jaffa Wilmoth "
KOHN, wHN & COLAPINTO, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 C:\\ FILES \\301\\ MOTION.DGD 3
M
l UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket Nos. 50-424-OLA-3 l
GEORGIA POWER COMPANY
)
50-425-OLA-3 j
g al.,
)
l
)
Re: License Amendment l
(Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 l
SERVICE LIST i
l
- Administrative Judge Administrative Judge
(
Peter B.
Bloch, Chair James H.
Carpenter i
Atomic Safety and Licensing Board 933 Green Point Drive j
l U.S.
Nuclear Regulatory Commission Oyster Point i
Washington, D.C.
20555 Sunset Beach, NC 28468
- Administrative Judge
- Charles A.
Barth, Esq.
)
Thomas D. Murphy Office of General Counsel Atomic Safety and Licensing Board U.S.
N.R.C U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
- John Lamberski, Esq.
Ernest L.
Blake, Jr.
Troutman Sanders David R.
Lewis Suite 5200 SHAW, PITTMAN, POTTS &
l 600 Peachtree Street, N.E.
TROWBRIDGE Atlanta, GA 30308-2216 2300 N Street, N.W.
Washington, D.C.
20037 office of the Secretary Attn: Docketing and Service l
U.S.
Nuclear Regulatory Commission l
Washington, D.C.
20555 4
office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission i
Washington, D.C.
20555 301\\ cert.lis
.