ML20076N507
| ML20076N507 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 11/03/1994 |
| From: | Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#494-15900 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9411100123 | |
| Download: ML20076N507 (64) | |
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DOCKETED NovedibEf@,1994 UNITED STATES OF AMERICA 94 OV -4 AH 30 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine DOCKE' Board 0FFIE ]N L a'Efj[];lr-M 4
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)
In the Matter of ) Docket Nos. 50-424-OLA-3
) 50-425-OLA-3 GEORGIA POWER COMPANY, )
etal. ) Re: License Amendment
) (Transfer to Southern (Vogtle Electric Generating ) Nuclear)
Plant, Units 1 and 2) )
) ASLBP 'o. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S ANSWER TO INTERVENOR'S MOTION TO REOPEN DISCOVERY Georgia Power Company (" Georgia Power") hereby answers and opposes Intervenor's Motion to Reopen Discovery, dated October 24,1994, (hereinafter "Intervenor's Motion").
Intervenor's Motion is untimely and fails to demonstrate " good cause" to warrant reopening l
discovery at this juncture of the proceeding. Intervenor has been aware of Georgia Power's l clarification of the emergency repcrting procedure for months. Now, after months of inattention, Intervenor demands to disrug the hearing schedule to conduct discovery that could i l
have been pursued long ago. This ploy to deay the hearing should not be permitted.
I. Background i
1 One of the original allegations in the Q 2.203 petition filed by Mr. Mosbaugh and Mr. l l
Hobby in 1990 was a claim that in the chain of reporting, Mr. Farley would be contacted in lieu j 1
of Mr. Dahlberg. Letter from M. Kohn to Chairman Carr (Oct.1,1990) at 4-5. In its April 1,19916 2.206 petition response, Georgia Power stated that its emergency planning procedures l l
required that senior corporate management, including both Mr. Dahlberg and Mr. Farley, be l l
9411100123 941103 PDR G
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notified of significant events at Vogtle. Letter from R. P. Mcdonald to NRC (Apr.1,1991),
Attachment I at 12. ,
Discovery in this proceeding commenced in April 1993 and ended on August 8,1994 (Apiil 29,1994 for the illegal license transfer issue). Despite the fact that this allegation was one of the original bases for Intervenor's transfer of control claim, Intervenor never asked a l
single interrogatory, or filed a single document request, pertaining to this particular reporting allegation during the entire discovery period.
In early 1994, Georgia Power's counsel proposed draft stipulations relating to the transfer i
of control issue, including stipulations relating to the reporting issue that had been raised in the !
1 6 2.206 petition. Counsel for NRC staff questioned the origin of the references, and counsel for Georgia Power provided the reporting procedures, the On-Call Project Manager telephone i list, and a December 7,1990 Memorandum from C. McCoy to W. Hairston regarding Georgia Power's Crisis Management Plan. This last memorandum indicated Mr. McCoy's assumption l l
that Mr. Hairston or Mr. Mcdonald would notify both Mr. Dahlberg and Mr. Farley to satisfy commitments in the Georgia Power Company Crisis Management Plan. Intervenor's counsel was provided a copy of this correspondence and the attachments. See letter from J. Lamberski to C. Barth (March 30,1994). Intervenor still declined to conduct any written discovery.
On April 6,1994, Intervenor deposed Mr. McCoy. During this deposition, Intervenor questioned Mr. McCoy at some length concerning the emergency notification procedure, the telephone list for the On-Call Project Manager, and the December 7,1990 memorandum. Mr.
McCoy explained that the Crisis Management Plan was not a nuclear plan but was a company-wide procedure distinct from the nuclear emergency plan implementing procedures. He also clarified that no nuclear procedure required that Mr. Farley be notified of a significant event.
Deposition of C.K. McCoy (April 6,1994), Tr. 49-56.
Again, Intervenor was specifically aware of this information, having developed it during the deposition. Yet Intervenor made no attempt to conduct any further written discovery on this issue. After the deposition of Mr. McCoy, Intervenor conducted depositions of Mr. Hairston (April 13), Mr. Farley (April 14), Mr. Mcdonald (April 14), and Mr. Dahlberg (April 6 and June 10). Intervenor, therefore, had ample opportunity to explore Mr. McCoy's clarifications with those other witnesses and, in fact, did explore the subject matter with Messrs. Farley and Mcdonald.1' While Intervenor and the representatives of the parties were fully aware of Mr. McCoy's clarifications, Georgia Power and its counsel were not sure if this clarifying information would be communicated to the persons within the NRC Staff who might have considered the original i 2.206 response, and subsequently Georgia Power decided that a more formal communication was appropriate. Therefore, on August 30,1994, Georgia Power wrote to the Director of NRR j l
to acknowledge that, contrary to the 6 2.206 response, the Vogtle emergency planning procedure did not specifically require notification of Mr. Farley. On September 2,1994, Counsel for ,
Georgia Power transmitted this letter to Counsel for the Staff and the Intervenor.
Intervenor received these letters two months ago, and the content of those letters relates to information that Intervenor developed six months ago. Yet it was not until October 24 that l
l' Intervenor also questioned Mr. Dahlberg about the reporting procedure in a deposition ;
immediately before Mr. McCoy's. Intervenor had further opportunity to question Mr. Dahlberg )
about the reporting procedure and Mr. McCoy's clarifications when Mr. Dahlberg's deposition was reconvened on June 10, but did not do so. I
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l Intervenor moved to reopen discovery. Intervenor now seeks all relevant procedures from 1988 to present, one set of written interrogatories and document requests that licensee must respond to in five days, and depositions of Mr. McCoy and Mr. Hairston (who have each been deposed by Intervenor on two prior occasions in this proceeding), as well as "any other persons involved with the implementation of Vogtle project procedures . . . ." Intervenor's Motion at 9-10.
II. Standard for Extending a Discovery Deadline The Nuclear Regulatory Commission's Rules of Practice provide the Licensing Board with substantial authority to regulate hearing proceedings.10 C.F.R. f 2.718. Within the ambit of this authority is the power to establish time frames for the completion of discovery.
Statement of Policy on Conduct of Licensine Proceedines, CLI-81-8,13 N.R.C. 452, 456 (1981). This Board has exercised such authority by establishing reasonable discovery deadlines throughout this proceeding. The discovery deadline for the illegal license transfer issue was April 29,1994. Board Memorandum and Order (April 11 Status Conference Results), dated April 12,1994.
In order to have a discovery deadline extended, this Licensing Board has previously ruled that the standard is whether or not the proponent of an extension can demonstrate " good cause" for an extension. Georgia Power Comparty (Vogtle Electric Generating Plant, Units 1 and 2)
LBP-94-16, 39 N.R.C. 257, 260 (1994); gg aha Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2), LBP-83-79,18 N.R.C.1400,1401 (1983).
As set forth more fully below, (1) Intervenor's Motion fails to show good cause for reopening discovery on the illegal license transfer issue, (2) reopening of discovery would delay the illegal license transfer hearing phase of this proceeding beyond the schedule established by
the Board causing harm to Georgia Power, and (3) sufficient discovery has already occurred to allow Intervenor to prepare his case.
III. Intervenor's Motion Fails to Show Good Cause for Reopenine Discovery Intervenor asserts that it will suffer harm if the addiional t discovery is not allowed because Georgia Power's " change in position regarding the accuracy of Vogtle Project procedures" (1) "directly effects (sic) evidence which Intervenor developed during the course of discovery and which he intended to rely upon in building his case," and (2) makes it
" impossible to determine which statement is a misstated (sic) (i.e. the 6 2.206 response or Mr.
Hairston's letter of August 30,1994)." Intervenor's Motion at 8. Intervenor has no legitimate basis to complain the he could not obtain full discovery during the discovery period. Georgia Power's August 30,1994 letter does not provide any new information that was unavailable to Intervenor during the discovery period and, therefore, cannot be a sufficient basis for reopening discovery. Intervenor offers no excuse for having waited months before seeking additional discovery.
Georgia Power's letter of August 30,1994, which corrects its April 1,1991, response to Intervenor's Q 2.206 petition, simply explains that the Vogtle emergency response procedures did not require notification of either Mr. Dahlberg or Mr. Farley. The emergency notification process described in the August 30 letter reflects the information learned during, and is consistent with, the April 6,1994 deposition testimony of Mr. McCoy,2' which alerted Georgia Power to the need to correct the April 1,1991 response. Intervenor developed the information 1 2/
Intervenor's Motion, at 4, suggests that Intervenor was aware of the conflict in Mr.
McCoy's testimony and the { 2.206 response regarding emergency notification requirements at the time of Mr. McCoy's deposition.
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through the questioning of Mr. McCoy on April 6, and had nearly an additional month afterwards to conduct further discovery on transfer of control issues (and months thereafter in which he could have requested permission for further discovery). Even after receiving the :
August 30 letter, Intervenor has waited over six weeks before filing this motion. At this juncture, where a schedule has been set and Georgia Power is preparing for hearing, !
Intervenor's untimely request is simply too prejudicial to be granted.
Georgia Power's August 30 letter continues to acknowledge that the actual practice was to contact both Mr. Dahlberg and Mr. Farley and does not provide any new information.
Additional discovery will not provide meaningful support to Intervenor's position with respect to the matters in controversy (i.e., the transfer of control issue).I' See Toledo Edison Co.
(Davis-Bessie Nuclear Power Station, Units 1, 2, and 3), LBP-76-8, 3 N.R.C.199, 201-202
^
(1976). Intervenor's prior depositions in this area incit.ded extensive questioning of various knowledgeable individuals with respect to their understanding of the actual notification process employed in the event of an emergency. See attached excerpts of the deposition transcripts for Messrs. Dahlberg, Farley, McCoy, and Mcdonald.f' Intervenor also deposed Mr. Hairston after Mr. McCoy's deposition but chose not to ask Mr. Hairston any questions concerning the emergency notification procedure. Given Intervenor's failure to take advantage of this 2/
The importance Intervenor attaches to the August 30,1994 letter is belied by the fact thit !
Intervenor neglected to mention it a single time in its Response to Georgia Power Company's Motion for Summary Disposition of Intervenor's Illegal Transfer of License Allegation, dated October 4,1994 ("Intervenor's Response").
d' As noted above, the depositions for Messrs. Farley, Hairston, and Mcdonald were conducted after Mr. McCoy's deposition, and Mr. Dahlberg's deposition was reconvened after Mr. McCoy's deposition, providing Intervenor ample opportunity to explore Mr. McCoy's clarifications with these witnesses.
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opportunity, there is no good reason for Intervenor's present demand to redepose Mr. Hairston.
Intervenor has also received copies of the emergency response procedures related to this issue.
See letter from J. Lamberski to C. Barth, dated March 30, 1994. Given Intervenor's opportunity for complete discovery on this matter during the discovery period, good cause for reopening discovery does not exist.
IV. Reocenine Discovery Would Delay the Illegal License Transfer Hearing Phase Beyond the Schedule Established by the Board and Cause Additional Harm to Georcia Power Intervenor's Motion argues that Georgia Power would not be harmed by reopening discovery on this issue because "GPC is already in total control of the documentation and facts and cannot be prejudiced by Intervenor's learning what it already knows." Intervenor's Motion at 7. Such an argument ignores the fact that Intervenor's request, if granted, would add at least 20 to 25 days of discovery on this topic to the schedule making it impossible to meet the previously established date of November 30 for prefiled testimony and December 19 for the hearing. In fact, the delay might well be several months given Intervenor's unreasonable allocation of only five days for Georgia Power's response to written discovery requests and Intervenor's demand to depose "any other persons involved with the implementation of Vogtle project procedures . . . ."
Georgia Power has worked hard to maintain the schedule for this proceeding set by the Board during the August 12,1994 status conference. This Board has been more than reasonable with Intervenor in accommodating past scheduling difficulties. At thisjuncture, Intervenor must demonstrate more than a desire to now learn more facts about a subject matter that he could have learned during the discovery period. Furthermore, Intervenor unnecessarily delayed the
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filing of his Motion to Reopen Discovery on this matter. Intervenor should have raised his concern promptly, especially since the Board had just set forth a detailed schedule for handling :
the illegal license transfer allegation in the August 12, 1994 status conference.
V. Intervenor Has Had Sufficient Oooortunity to Prepare His Case ;
As discussed above, Intervenor has already obtained substantial discovery on the emergency notification process. Ample information is available to enable the parties to develop an adequate record upon which the Board may base its decision. Intervenor has the actual l
procedures used by Georgia Power (including the On-Call Project Manager Telephone List), the i deposition testimony of senior Georgia Power officers and Mr. Farley regarding how the procedures were implemented, and the 6 2.206 petition response (including the August 30,1994 correction letter). Intervenor has ample information to rely upon in presenting his views regarding this matter, and has had ample opportunity to conduct discovery. Thus, Intervenor I l
has failed to justify the reopening of discovery. l l
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VI. Conclusion i Based on the foregoing reasons, good cause to reopen discovery on the illegal license :
transfer issue does not exist and Intervenor's Motion to Reopen Discovery should be denied. ,
i Respectfully submitted, ,
i s, .
mes E. Joiner John 12mberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216 (404) 885-3360 :
Ernest L. Blake l David R. Lewis <
SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W. .,
Washington, D.C. 20337 l (202) 663-8084 l Counsel for Georgia Power Company i l
Dated: November 3,1994 t
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A DOCKETED USNRC UNITED STATES OF AMERICA 94 tjgy -4 A11 :11 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine Board
((EcahCi![ch,h
)
In the Matter of ) Docket Nos. 50-424-OLA-3
) 50-425-OLA-3 GEORGIA POWER COMPANY, )
etal. ) Re: License Amendment
) (Transfer to Southern (Vogtle Electric Generating ) Nuclear)
Plant, Units 1 and 2) )
) ASLBP No. 93-671-01-OLA-3 CERTIFIQ\TE OF SERVICE I hereby certify that copies of Georgia Power Company's Answer to Intervenor's Motion to Reopen Discovery, dated November 3,1994, were served by express mail upon the persons listed on the attached service list this 3rd day of November,1994.
& M s M Thomas L. Penland, Jr. 7 TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216 (404) 885-3471 .
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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 et al.
- 50-425-OLA-3 (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 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
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In The Matter Of:
US. NUCLEAR REGULATORY COMMISSION Re: GEORGIA POWER COMPANX et al.
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A.WDAHLBERG '
APRIL 6,1994 BULL & ASSOCIATES, INC.
ATLANTA, FAYETTEVILLE 4651 RoswellRoad, NE, Suite F-504 Atlanta, GA 30342 (404) 2562886 Original File CSO490AD.CA 7; 140 Pages Word Index included with this Min-U-Scripte
7 4
Yp. 43 1 MR. WITHROW: --
familiar to him-2 that there'd be some confusion on the 3 record about his familiarity of the 4 position you have in mind.
5 Perhaps if you would describe 6 the position and functions --
7 MR. KOHN: Sure.
8 MR. WITHROW: --
of the person 9 that would help him. .
10 Q (By Mr. Kohn) We'll just start at 11 this point.
12 Are you familiar with that 13 terminology, on-call duty manager?
14 A I'm familiar with it in my own 15 definition and that's --
All I know is that when 16 that organization existed --
the nuclear 17 organization existed, Mr. Mcdonald as far as I 18 was concerned was in charge. Occasionally, he 19 would ask somebody else to fill that role if he 20 was going to be out.
21 If that's what you mean by the 22 on-call duty officer then, yes, I understand the 23 term. Other than that, I'm not sure what you're 24 talking about.
25 Q And what was the process Mr. Mcdonald
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BULL & ASSOCIATES, INC.
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1 used to fill the' role' --
his' role when he was
{
2 out?
3 A When he was out?
4 Q- Yes.
5 A Ue designated someone that would be 6 responsible for overall operations. ,
7 Q And do you know who he designated?. ;
8 A Normally, it would-have been 9 Mr. Hairston.
10 Q And if Mr. Hairston was out?
11 A Then they~ would have named another of-12 the officers. ;
13 Now at that point in time, I mean,- l 14 I'm not sure-where you're referring to, it would ,
15 have been another officer of Georgia Power 16 Company.
17 Q Now, did you ever receive calls from 18 the plant?
19 A No, not --
not plant personnel. I 20 would have received calls occasionally from 21 Mr. Mcdonald or Mr. Hairston if they were at a 22 plant and wanted to report something to me.
23 Q Did you ever receive a call from 24 Mr. Farley about anything happening at the 25 Georgia Power Plants?
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1 BULL & ASSOCIATES, INC.
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1 A At our plant?
2 Q Yes.
3 A No.
4 Q Do you remember a oite area emergency 5 occurring at the plant?
6 A I guess that's the right term. Yes.
7 Q Can you tell me what you recsll about 8 learning about that?
9 A We had a unit off line; we had a 10 truck hit a pole in a switch yard; power was 11 lost at the plant; the unit went off, so we had 12 a temporary loss of power at the plant. And 13 after some period of time, it was declared a 14 site emergency. I was notified by the 15 management of Georgia Power Company for nuclear l
16 operations that the event had occurred. j l
17 Q And do you recall. where you were when '
18 you received that notice? !
l 19 A No, sir.
1 20 Q Do you remember who notified you of i
21 the event? !
22 A No, sir.
23 Q Do you remember how you received 24 notification?
25 A Telephone call.
BULL & ASSOCIATES, INC.
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t 46 1 Q And so as I understand it you don't 2 recall,who placed that call?
3 A That's correct.
4 Q And what did they tell you?
5 A Essentially what I just told you.
6 Q That there had been a truck accident 7 and the onsite power had been lost?
8 A Yes and we had declared a site 9 emergency.
10 Q And did you speak with anyone after 11 you received that information concerning the 12 site area emergency? ;
l 13 A I can't recall specifically who I '
14 talked to, but I would have talked to someone in 15 our public relations department; I would have 16 had numerous subsequent conversations with the i
17 nuclear operating personnel; we would have l 18 discussed the severity of the situation, how it 19 was handled and any difficulties. 4 1
20 And I remember having those l 21 conversations, but specifically who and in what 22 sequence, I don't recall.
23 Q Was there a log book kept of those 24 type of calls you were receiving --
l 25 A No.
BULL & ASSOCIATES, INC.
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1 Q --
concernir,g the site area 2 emergency?
3 A No.
4 Q Did you receive any written 5 communication concerning the site area emergency 6 within the first week of the accident?
7 A Not that I recall. I may have 8 received a briefing paper or a report that I 9 would have given to others, but I do not recall 10 receiving it.
11 Q Were you --
Are you familiar with the 12 term, root cause analysis, as it relates to 13 nuclear operations and NRC regulations?
14 A I am --
I won't tell you I'm an 15 expert in the term, but yes, I'm familiar with 16 the term in a general sense.
17 Q And what's your understanding of that 18 in a general sense?
19 A That if there is some difficulty at a 20 plant, some -- I don't want to use the word, 21 incident --
but some technical failure to go 22 back to the origin of that and determine the 23 cause.
24 Q And were you aware of the cause 25 analysis that was done with respect to the site BULL & ASSOCIATES, INC.
7 /er Ea) ton 1
( Morgan Nichols & Pritchett COURT REPORTERS 1 IN THE MATTER OF THE GEORGIA POWER 2 COMPANY (VOGTLE ELECTRIC GENERATING 3 PLANT, UNITS 1 & 2) 4 5
6 7
8 DOCKET NOS. 50-424-OLA-3 2
9 50-425-OLA-3
~
10 I .
12 y4l 13 -
i i l 14 DEPOSITION 15 OF 16 JOSEPH M. PARLEY l l
17 April 14, 1994 l l
18 19 20 1
21 TAKEN BEFORE: Gail B. Pritchett 22 Registered Professional 23 Reporter and Notary Public 575 Park Place 'Thwer 2001 Park Place Birmingham, Alabama 35203-2793
, (205) 252-9152 NAnoNAL was 1-800-458-6031 FAX 252-0196
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{ IUO QH Nicto/s & Pritchett COURT REPORTERS 1 company seems to me to be an added cost 2 that we could avoid, especially since the 3 people being reviewed were Georgia Power 4 Company employees as well.
5 MR. KOHN: This is a fine time ,
1 6 for a break.
7 (Brief recess.)
1 8 Q. Mr. Farley, where were you when l
9 the site area emergency occurred at Plant
)
10 Vogtle?
11 A. That is the event when the 12 truck backed into the guy wire and so :
l 13 forth? I was at the SONOPCO office.
14 Q. And from whom did you hear 15 about the event?
16 A. I don't recall from whom I 17 heard about it. But I did hear about 18 it. And it was not from Mr. Mcdonald, 19 because I recall he was not in town at 20 the time. Someone told me about it.
21 Q. Can you as best you can 22 recollect, can you tell me -- you 23 indicated you don't recall who told you 1
i 575 Park Place Tower 2001 Park Place. Birmingham, Alabama 35203-2793 (205) 252-9152 NAnoNAL wsTs 1-800-458-6031
- FAX 252-0196
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( Notgan Nichols & Pritchett COURT REPORTERS 1 about it, but can you tell me what 2 conversation --
what you remember 3 occurring associated with that on that 4 day?
5 A. Yes. Someone either by 6 telephone or in person told me that there 7 had been a problem at Vogtle and there 8 was a site emergency. I went upstairs in 9 the building to Mr. McCoy's office and he 10 and -- I guess he was there, I am not 11 sure, I remember Mr. Shipman who was the 12 general manager for Plant Vogtle being 13 pretty much in charge of dealing with the l 14 problem. They had assembled in a 15 conference room on their floor, and I 16 recall having stood in the conference 17 room and listened to the varicus 18 conversations including telephone squawk 19 box type conversations for perhaps an 20 hour while the problem was being dealt 21 with. I was simply a listener, not a 22 participant in those conversations.
23 Q. After that, did you have any 575 Park Place her 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152. nnoNAL wm 1-800-458-6031 FAX 252-0196
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( Moi an Nicw/s & Pdtchett COURT REPORTERSi 1 communications with anyone?
I 2 A. The matter was discussed off j 1
3 and on for some time afterwards. I 4 discussed it with Mr. --
later with Mr. l 5 Mcdonald when he returned from wherever '
6 he was, Mr. Hairston and Mr. McCoy over l
7 some days after the event. I don't '
8 recall specifically when I talked with 9 whom. But we have a -- or we had a l
l 10 pretty informal group so that those !
i 11 conversations might take place in --
12 outside someone's office or staff meeting 13 or otherwise.
14 Q. Now, and you were a normal 15 participant in the staff meetings?
16 A. I --
if I was in town, I was a 17 participant.
18 Q. Those were the weekly staff 19 meetings that Mr. Shipman and others 20 would attend?
21 A. The staff meetings were 22 normally attended by the office or group 23 that would be Mr. McCoy, for example, 575 Park Place her 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152- N WlO N Al.%AIS 1-800-458-6031 FAX 252-0196
'Ijler Eaton f Alo an Niciols & Pritchett COURT REPORTERS 1 with Plant Vogtle. But if Mr. McCoy were 2 not there, then the general manager would 3 attend in his place. Similarly for 4 Farley and for Hatch, Mr. Long or his 5 deputy would be there. The 6 administrative vice president would be 7 there or his deputy. Usually our manager 8 of communications, Mr. Crosby, would be 9 there and my assistant to me, Mr.
10 Spencer, would be there. And perhaps 11 someone else if there were something that 12 was of interest that some other person l 13 was doing. If Mr. Mcdonald was doing, he 14 would be there, same with Mr. Hairston.
15 Q. Were you aware of a general 16 Monday staff meeting?
17 A. We usually met on Mondays.
18 Q. Now, do you recall the 19 submission of licensing event report with 20 respect to the site area emergency?
21 A. I do not recall it being filed 22 as such. I am aware that it was filed, 23 but I did not participate in the filing 575 Park Place Tower 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152 NATIONAL WAT31-800-458-6031
- FAX 252-0196
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[}jjgy 69
( Morgan Nichols & Pritchett COURT REPORTERS 1 of the LER, the licensing event reports, 2 those were handled by the line management 3 for the respective organizations.
4 Q. Do you recall receiving a 5 briefing from Mr. Shipman on April 19, 6 1990, that was the date the LER was 7 filed?
8 A. I don't recall having received 9 a briefing from him, I may have, but I 10 don't remember.
11 Q. So you may have received a 12 briefing about the filing of the LER?
13 A. I would not normally have 14 received a briefing about the filing of 15 an LER, that is not something that I 16 normally received a briefing about. I 17 would learn of the filing of an LER, but 18 I would not be necessarily briefed on --
19 Q. Do you recall a telephone 20 communication with either Mr. Hairston or 21 Mr. Shipman at the end of the day in 22 April of -- April 1990?
23 A. I don't recall specifically, 575 Park Place Tower 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152
- NATIONAL wats 1-800-458-6031 FAX 252-0196
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2 Q. Do you recall Mr. Hairston 3 briefing you about the filing of the LER 4 in April 19, 1990?
5 A. No, sir, I do not.
6 Q. Do you recall conducting any 7 staff meetings with respect to either 8 Plant Vogtle or Plant Hatch?
9 A. I am not sure that I know what 10 you mean by conducting any staff 11 meetings. Do you mean a meeting at the 12 plant?
13 Q. At the SONOPCO project 14 location.
]
15 A. No, I would not have conducted 16 a staff meeting about a plant or an event 17 with it. We had a staff meeting each 18 Monday and occasionally would be 19 scheduled some other day, but that was 20 for the purpose of exchanging information i 21 and being sure that everybody was aware 1
22 of what was going on in all of the 1 1
23 various departments and organizations.
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575 Park Place Tower 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152
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[ Nicw/s & Pritchett COURT !
REPORTERS' 1 That's where we would learn of anything !
2 of interest at Vogtle, including the 3 status of the aftermath of the event 4 which would include perhaps a comment 5 about the filing of an LER, but I do not 6 recall conducting any specific meeting 7 about either Hatch or Vogtle or Farley, 8 for any matter. I 9 Q. Do you know what an N-O-V-E 10 refers to?
11 MR. LAMBERSKI: A what?
12 MR. KOHN: N-O-V-E.
13 A. I can try to put together what 14 that acronym would stand for, but I woul.1 15 have to be refreshed on what that is.
16 Q. Give me your best shot.
17 A. Notice of violation something l 18 or notice of --
19 Q. You are familiar with some 20 jargon along that line in the nuclear 21 industry?
22 MR. LAMBERSKI: In all fairness 23 to Mr. Farley, I don't think there is
\. . / I i
575 Park Place Tower 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152 NNDONAL w(Is 1-800-458-6031 FAX 252-0196
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l choY & Pritchett COURT REPORTERS 1 such a term in the nuclear industry, I 2 think you have your acronyms mixed up.
3 A. I really don't recall this.
4 There is some kind of notice from the NRC 5 that goes out about a notice of violation 6 or something of that sort. I have 7 forgotten more acronyms than I knew in 8 the last couple of years, though. i 9 Q. Would you receive during the 10 briefings say if some sort of declaration 11 was made at one of the plant sites and --
12 was that the type of information that was 13 discussed? l 14 A. Well, we have not had many 15 things like the event at Plant Vogtle, so 16 that was somewhat unique. Most of the 17 information exchange would relate to the 18 status of the --
of each plant or the j l
19 status of our filings with the SEC or 20 negotiations with the Oglethorpe or what 21 it looked like with our whatever outage 22 might be going on, for refueling or 23 otherwise at that point or what was 575 Park Place Tower 2001 Park Place
- Birmingham, Alabama 35203-2793 .
(205) 252-9152
- NAnON AL Mis 1-800-458-6031
- FAX 252-0196 l
7 /er Ea) ton '3
( Akv ran Nicm/s & Pritchett COURT REPORTERS 1 happening with reference to some review 2 of some problem at a particular plant.
3 It was really an information exchange 4 relating to matters that would be of 5 common interest to the entire group. And 6 that might include, for example, for me 7 an update on the status of the nuclear 8 energy policy act of 1992, which finally 9 passed in '92 which I worked on a great 10 deal and which everybody was interested 11 in and I would keep people informed about 12 that, for example. But it was not a l
13 called meeting to review a particular l l
1 14 decision or to make management I 15 decisions. We had other routes of making 16 decisions than that.
17 Q. Let me show you a document l 18 previously marked as Intervonor's Exhibit 19 1, were you shown this document prior to 20 testifying today?
21 A. No, sir, I have not seen this 22 document before.
23 Q. Do you recall ever seeing this 575 Park Place her 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152
- NATION AL %ATs I 800-458-6031
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bl0 GH l Nicto/s & Pritchett COURT REPORTERS 1 document before?
2 A. No, sir, I do not.
3 Q. Do you recall ever being 4 contacted by the director of corporate 5 response about any matter occurring at a 6 plant?
7 A. No, sir, I do not. I do not 8 believe I was ever contacted from any of 9 the three plants.
10 MR. LAMBERSKI: By a 11 director --
12 A. By a director of corporate 13 response.
14 MR. KOHN: Off the record.
15 (Off-the-record discussion.)
16 Q. Mr. Farley, I am going to show 17 you a document that appears to be marked 18 as Exhibit 10. Can you tell me if you 19 have seen this document before?
20 A. (Reviewing document.) Yes, I 21 have.
22 Q. When do you first recall seeing 23 this document? '
575 Park Place her 2001 Park Place Birmingham, Alabama 35203-2793 l (205) 252-9152 NAnoNALwas 1-800-458-6031 FAX 252-0196 l
)
l l
In The Matter Of:
US. NUCIJiAR REGULATORY COAIMISSION l Re: GEORGIA POWER COMPANX et al.
1 l
l CHARLES K.McCOY APIUL 6,1994 l I
l BULL & ASSOCIATES, INC.
ATLANTA, FAYETTEVILLE 4651 RoswellRoad, NE, Suite F-504 Atlanta, GA 30342 (404) 2562886 Original File CSO496C%LCAT 93 Pages Word Index included with this Min-U-Scripte i
35 0
1 were going through the formation of the Southern 2 Nuclear Company that he was kept abreast of what 3 was going on in the plants by Mr. Hairston and 4 Mr. Mr7onald. But I did not generally have any 5 kind of direct participation in that.
6 Q Do you know what the on-call project 7 manager --
what that concept is at Vogtle?
8 A Um-hmm.
9 Q And what would that be?
10 A Well, the on-call project manager is 11 really an emergency function to have a 12 responsible person available to deal with 13 emergency situations at the plant at any time.
14 And we have certain people designated such that 15 we always have a corporate person available to 16 respond with support, etc. to emergency 17 conditions at the plant.
18 Q Corporate person to respond to what?
19 A Emergency conditions at the plant, 20 providing support.
21 Q Do you recall a site area emergency 22 in 1990?
23 A Yes, I do.
24 Q Where were you when the site area 25 emergency was declared?
EULL & ASSOCIATES, INC.
36 1 A I was in my office in Birmingham, 2 Alabama.
3 Q Was Mr. McDenald and Mr. Farley also ;
4 in the Birmingham offices that day?
5 A That's my recollection.
l 6 Q Do you know, if anyone contacted --
l 7 First, let me go through with who contacted you 8 and told you of the on-site area emergency?
9 A I don't recall exactly, b ' .. t I believe 10 it was the plant manager George Bachold at Plant l i
11 Vogtle. I know.I received a phone call in my ,
12 office indicating that we had a problem and I 13 was given a general description of it and so .
14 forth. l 15 At that time we activated our l 16 emergency facility in the --
'on the Vogtle 17 project, which is on the same floor where my 18 office is. And I also informed my superior that 19 we had a problem. And I don't know whether that :
20 was Mr. Hairston or Mr. Mcdonald. It would 21 normally be Mr. Hairston if he was available in 22 the office. I can't remember whether he was or r
23 not, if not it would have been Mr. Mcdonald. r 24 But I informed one of them and then I 25 went to the emergency center to start-following .
BULL & ASSOCIATES, INC.
e - m _ - _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ ___
37 1 the information coming from --
coming from the 2 plant.
3 Q And who was in the emergency center?
4 A Well, myself and we have a whole 5 organization. I couldn't tell you by name, but 6 probably about 10 or 12 people that have 7 specific functions in emergencies and they were 8 all in the room doing the functions that they 9 normally do.
10 Q Did Mr. Mcdonald go into the 11 emergency center?
12 A My recollection is that the senior 13 management that was there all basically came up 14 to the area outside the emergency center and on 15 occasion I stepped out and briefed them on what 16 was going on. And that's kind of the way I 17 recall it. Whether he ever actually came into 18 the center or not I don't know.
19 Q Mr. Farley, do you recall his 20 participation?
21 A I think he came up in the general 22 area. I don't recall him having any 23 participation.
24 Q Did you speak to Mr. Dahlberg that 25 day?
t BULL & ASSOCIATES, INC.
38 1 A Yes, I did, a number of times. I do 2 not recall when I first talked directly to him, 3 but at some point fairly early in the emergency 4 I made the decision to come to Atlanta and meet 5 with Mr. Dahlberg and we --
I came here and the 6 two of us met, I briefed him and then we held a 7 joint news conference and briefed the media, 8 etc.
9 That was --
I made that decision 10 after we had restored power at the plant and 11 things were stabilizing, I made a decision to 12 come to Atlanta.
13 But Mr. Dahlberg was kept abreast of 14 what was going on the whole time.
15 Q Did you tell him?
16 A Yes. And whether it was me directly 17 or someone else I don't know, but I am sure he 18 was kept abreast. That's our normal operating 19 procedures. He's kept --
his was then kept 20 abreast of on a daily basis what was going on 21 with the plants and in an emergency situation he 22 would be kept informed continuously.
23 Q Was Mr. Dahlberg able to follow the 24 technical things that were happening?
25 A Yes, he's a pretty smart man. He BULL & ASSOCIATES, INC.
39 1 generally understood the significant issues that 2 were going on. I never had any difficulty 3 communicating to him the important information 4 and the significance of it. He understood that.
5 Q Did he generally --
To your 6 understanding did he generally know what the b
7 root cause of the accident was?
8 A You know, when you say root cause, 9 that has all kinds of connotations. But if 10 you're referring to the direct cause of the loss 11 of power, which was the truck backing into the 12 power pole, yes, my understanding is that he 13 clearly understood that.
14 Q And how about the cause for the 15 diesel generators not starting?
16 A He understood the diesel did not 17 start and that there were problems with the 18 circuits. And I don't recall how much detail we 19 would have gone into with him, probably not too 20 much detail. I don't think that was 21 significant.
22 Q Now, I'm going to show you a document 23 that was previously marked as Exhibit 1.
24 Ccn you tell me if you have seen this )
25 document before?
l I
l BULL & ASSOCIATES, INC.
40 1 A It appears to be pages from the 2 fourth quarter of 1989 out of our on-call 3 telephone list that we maintain for the Vogtle 4 project.
5 Actually this appears to be a FAX'd 6 copy of that that was --
Well, I don't know what 7 it is. But at any rate that's what it appears 8 to be. I don't know what that means up here.
9 That's not in the original documents. ,
10 Q Yeah, it was FAX'd on --
at least one ,
11 of the pages, indicating Allen Mozebaugh's name.
12 I think that would mean it was FAX'd to me.
13 A If that's what it means.
14 Q Now, so have you seen this particular 15 document?
16 A Yes, I have. ,
i 17 Q And would you have seen the 18 predecessor documents that --
19 A Yes --
20 Q --
were similar to this?
21 A --
in fact, I have one in my brief 22 case, the current document. I carry that at all 23 times as to all the on-call managers in my 24 project.
25 Q So then at that time you would have BULL & ASSOCIATES, INC.
4 1 --
i l
1 carried this one?
2 A Yes.
3 Q And I notice that Mr. Farley is 4 listed under the Georgia Power Company corporate 5 management; is that correct?
6 A Actually that's not correct. He is 7 listed under that, but he is shown as an 8 executive vice president nuclear in the Southern 9 Company.
10 And you'll see if you look under that 11 management, that's really a misnomer. It's 12 talking about the corporate management 13 completely, and you'd see each of the executives 14 are listed with the particular companies that 15 they are associated with.
16 For instance, the next one is Pat- <
17 Mcdonald who is both Alabama and Georgia Power 18 Company is listed there.
19 Q So I notice Mr. Bairston is listed 20 but it doesn't even say what company he's with; 21 is that correct?
22 A I noticed that too. Apparently 23 that's just an oversight in the document.
24 That is not really relevant to what 25 this document is about. The document is just I
BULL & ASSOCIATES, INC.
42 I simply a way of organizing the phone numbers of 2 all the relevant people and that's all it's for.
3 It's done by a clerk typically in our 4 organization for the emergency coordinator.
5 Q And do you remember the third quarter 6 1989 telephone list for on-call project 7 managers?
8 A I'm sorry?
9 Q The one --
This one says fourth 10 quarter.
11 Do you remember a prior, third 12 quarter?
13 A I don't remember any of them. I'm 14 just saying I do see them all. So I'm sure I 15 would have seen the third quarter too.
16 Q And are those documents maintained 17 within the plant documentation somewhere?
18 A Yes. Each of our managers has a copy 19 of those and they're maintained so that we can 20 have the current phone numbers of all the 21 relevant people.
22 The document is about a half inch 23 thick. You just have three pages of it.
24 MR. WITHROW: I think he may 25 have been asking you if old copies are BULL & ASSOCIATES, INC.
.s !
i 43 1 kept.
2 A oh, not to my knowledge. They don't 3 have any use once they're out of date.
4 Q (By Mr. Kohn) And if I understand f
.5 what the on-call manager list is, if'it was an 6 emergency they would start contacting 7 individuals on this list? I 8 A No. That's not what that is at all.
9 That is simply a phone list that has all the 10 relevant people and as I said it's about a half 11 inch thick. It has all kinds of people, 12 including NRC people, emergency management 13 people, everybody listed in there.
14 There is an administrative procedure 15 that says who is called by the on-call duty 16 manager and in what order.
17 Q The administrative procedure for the 18 fourth quarter 1989 specified in what order the 19 individuals --
20 A Yes, it did. That procedure is 21 maintained current all the time. And there was 22 one in existence at that time.
23 (Intervenor's Exhibit No. 2 was thereupon marked for 24 identification by the court reporter.)
25 BULL & ASSOCIATES, INC.
44 b
1 Q (By Mr. Kohn) I want to show you a 2 document which has been marked as Exhibit 2, 3 which is a two-page letter from Mr. Lamberski to 1 4 Mr. Barth with numerous attachments.
5 The first attachment is Vogtle 6 planning duties of the on-call project manager,-
7 VNSEP-04, the second-one is a Rev. 2 of ,
8 VNSEP-04.
9 MR. LAMBERSKI: Are you reading 10 pages or are you reading documents or 11 just what are you doing? !
12 MR. KOHN: I'm actually trying 13 to --
Well, let's say the document --
14 Let me just go over the document with 2
15 you, okay.
16 MR. BARTH: Mr. Kohn, before you 17 --
I apologize for interrupting your 18 deposition. Is there a date on that i 19 letter from Mr. Lamberski -- I 20 MR. KOHN Yes, March 3rd 1994.
21 MR. BARTH: --
He's written him 22 many letters.
23 Q (By Mr. Kohn) On the bottom of page 24 1 it says, with respect to the second question, 25 Plant Vogtle procedure No. VNSEP-04, entitled
(
1 l
BULL & ASSOCIATES, INC.
45 I
1 duties of the on-call project manager, describes 2 the reporting of significant events by the 3 corporate duty manager, section 4.2.1 of the 4 procedure must be read in conjunction with the 5 Plant Vogtle procedure No. VNSEP-05 and the, 6 " telephone list on-call project manager."
7 Now can you go through this document 8 and tell me what the procedures are and how this 9 on-call project manager list fits into those 10 procedures?
11 A Give me a few minutes.
12 MR. LAMBERSKI: Please, give him 13 a minute to study the document. There 14 are a number of pages he's received.
15 MR. BARTH: Maybe we can take a 16 five-minute break while he reviewing 17 the document that he is seeing for the 18 first time today.
19 MR. KOHN: Sure.
20 MR. LAMBERSKI Is that all 21 right with you?
22 MR. KOHN: Sure.
1 23 (Short break) 24 A You wanted me to review these l l
25 documents.
l BULL & ASSOCIATES, INC.
l
46 1 And do you have a question now?
E Q (By Mr. Kohn) Yes. Now can you tell 3 me how --
First if you.would look at Exhibit 1 4 and the pages would be the second and third 5 pagos from the end of Exhibit 3, if you would 6 compare them with Exhibit I with the exception 7 of having the phone numbers erased. If you 8 would look at the first page of Exhibit 1.
9 A You want me to keep going? I noticed 10 I'm on page 2.
11 Q Okay.
12 A Did you want me to go through the 13 whole thing?
14 Q No, I wanted you to --
15 A There are some differences.
16 Q But with respect to the people who 17 are identified --
18 A On page 2 there's an additional j 19 person on this list.
20 MR. WITHROW: On Exhibit 17 21 A On Exhibit i here that's J. T.
22 Beckham is not on this version. But other than 23 that --
then the page --
Obviously what's done 24 is this is a different revision and it's just 25 been updated. And this is not --
this has l
BULL & ASSOCIATES, INC.
l 47 1 probably been moved to another page.
2 Q The public information managers 3 portion of Exhibit 17 4 A But they're similar documents.
5 Q But with respect to the heading, 6 Georgia Power Company corporate management, the 7 first page of the document is identical; 8 correct?
9 A Again, as you say except for the home 10 phone numbers being deleted from one.
11 Q Yes. Now can you tell me after 12 reviewing Exhibit 3 what the purpose is of 13 Exhibit 17 14 A Yes. If you go back into --
in 15 Exhibit 3 where we get down into the actual guts 16 of the procedures where we talk about the 17 specific step-by-step procedures --
18 MR. WITHROW: Let me interrupt 19 here. You've identified this as 3'and 20 it's actually 2.
21 MR. KOHN: I'm sorry.
22 MR. WITHROW: I just wanted the 23 record clear.
24 MR. KOHN: There is not an 25 Exhibit 3 yet. All prior references BULL & ASSOCIATES, INC.
48 I
1 to 3 were actually Exhibit 2.
2 MR. WITHROW: Are you directing 3 any of this --
I'm a little concerned 4 that there may be some confusion in 5 the record, because we're dealing with 6 a document, Exhibit 1, which is dated 7 fourth quarter 1989 and we're dealing 8 with some pages here that may be of 9 different dates.
10 Are you directing your 1
11 questioning to a particular time 12 period in terms of procedures or were 13 you previously addressing your 14 question to a particular time period?
15 I'm concerned about that problem.
16 MR. KOHN: I'm addressing myself 17 to the time period related to the i 18 fourth quarter and the --
I think that ;
19 would be the --
What is the next time l l
20 period? )
21 THE WITNESS: This one happens ;
l 22 to be dated 12/89. l 23 MR. LAMBERSKI: Read the number 24 of the procedure into the record.
25 THE WITNESS: This one is BULL & ASSOCIATES, INC.
I
_ _ _ _ _ _ __ _ _ __ - - _ - _ __ l
49 1 VNSEP-05 dated 12/13/89.
2 MR. WITHROW: Revision 1.
3 THE WITNESS: Revision 1.
4 MR. WITHROW: And that is dated 5 actually December 13, 1989.
6 A But back to your question you asked 7 me, taking this exhibit and this phone list how 8 did the two work together.
9 Q Right.
10 A If you are a director of corporate 11 response, which is one of the roles that the 12 district manager takes on, you start down the .
13 checklist and you get to the checklist item No. ,
14 4 and it says, notify the appropriate Georgia 15 Power Company corporate management and brief 16 them on the emergency. And what that means to !
1 17 all of our managers is that you notify the next 18 person up the line in the Georgia Power 19 corporate manager and they -- management and 20 they in turn brief --
they contact the next 21 Georgia Power management. j 22 So for instance, let's say on a 23 Saturday night I'm the duty manager and I get a 24 phone call, I would normally call at that time 25 George Hairston, who was my Georcia Dswer i
BULL & ASSOCIATES, INC.
50 1 Company boss. He would call Pat Mcdonald, who 2 was his Georgia Power Company boss, Pat Mcdonald 3 would call Bill Dahlberg, who was his Georgia 4 Power Company boss.
5 If any one of those people is not 6 available, you go to the next person up the 7 line.
8 Q And that would be?
9 A Well, like for instance, if George 10 Hairston wasn't available, I would call Pat 11 Mcdonald. If Pat Mcdonald wasn't available, I 12 would call Bill Dahlberg. And I did that on 13 several occasions.
14 Q And if Bill Dahlberg wasn't 15 available? ,
16 MR. WITHROW: You mean if 17 everyone above him in the line was not 18 available --
19 A If he's not then, you know, I have 20 the responsibility to try and get the word to 21 him as soon as I can, but you know, I've got the 22 load in that case until I do get in touch with 1
23 one of them.
24 Q But no one called Joe Farley?
25 A Only for information. It doesn't
\
BULL & ASSOCIATES, INC.
4 51 I have anything to do with responsibilities of 2 this procedure. And that would be entirely up 3 to whether or not at that time Pat Mcdonald or 4 George Hairston wanted to keep him aware just 5 for informational purposes. But he had no 6 responsibility in the emergency chain.
7 Q Well, wasn't there an assumption that 8 Mr. Farley would be contacted?
l 9 A Not to my knowledge. I didn't have l 10 anything to do with that. If that was, that was 11 some agreement between he and Mr. Mcdonald and 12 Mr. Hairston, but it was not a part of our 13 procedures nor was it my duty to contact him if 14 I couldn't get ahold of any other Georgia Power 15 management.
16 Q So you weren't aware of a procedure 17 or a directive in which Mr. Farley would be 18 contacted unless directed otherwise?
19 A Let me see what you're referring to.
20 Q I'm just asking you for your 21 knowledge first.
22 A No, I'm not aware of that.
23 There is another document in that 24 exhibit that you gave me that doesn't have 25 anything to do with this subject. And I'm not i
BULL & ASSOCIATES, INC.
1
'52 l
1_ quite sure why it's attached to that exhibit, l l
2 but it's called a crisis management plan. .And :
l 3 that doesn't have anything to do with the ,
4 emergency plan. l l
5 That is a Southern Company-wide thing
\
6 for dealing with crises that might occur like j 7 tornadoes or fires in buildings and things like !
l 8 that.
9 That may be confusing you. It !
10 appears to me that's what you're looking at.
11 Q Can you explain to me what the 12 difference is between the corporate emergency 13 plan implementing procedures and the company i 1
14 crisis management plan procedures?
15 A. Yes, the emergency plan procedures f 16 have to do with operation of the nuclear plants 17 and dealing with emergencies in the nuclear 18 plants. l l
19 The Southern company has a crisis 20 management plan for all of its organizations 21 that deals with such issues as who is contacted ,
l 22 if the corporate building is on fire or a .i 1
23 tornado hits a computer center or something like 24 that. It creates a crisis in the company. And-25 the two plans are unrelated.
(
BULL & ASSOCIATES, INC.
53 1 The reason that that memo is there is 2 that rather than creating a separate set of 3 procedures --
4 MR. LAMBERSKI: Ken, can you 5 identify the memo that you're 6 referring to.
7 A This is a memo in Exhibit 2 that is 8 dated December 7th 1990 and it's from myself to 9 George Hairston.
10 And what it says is that rather than 11 writing new procedures to deal with the crisis 12 management that we would use our on-call project 13 manager to carry out those responsibilities.
14 Q (By Mr. Kohn) Now, you indicate that 15 these were Southern Company procedures?
16 MR. WITHROW: Which ones? l l
17 Q (By Mr. Kohn) The company crisis i l
18 management plan? ]
19 A Yes. Each company in the Southern 20 Company --
each subsidiary company has a crisis l l
21 management procedure and I believe the Southern i
22 Company itself does, although I've never seen l I
23 that. l l
24 Q So then the Georgia Power Compary j 25 crisis management plan would have Mr. Farley l I
BULL & ASSOCIATES, INC.
54 1 being contacted; correct?
2 A Let me see. What this says is the 3 on-call project manager or director of corporate 4 response will call you, George Hairston, or Pat 5 Mcdonald in accordance with the emergency 6 telephone directory numbers. They will assume 7 that you or Mr. Mcdonald will advise ,
8 Mr. Dahlberg and Mr. Farley unless directed 9 otherwise.
10 What that is saying is I want it to 11 be clear to them that we would not do any 12 further notification other than Mr. Hairston or 13 Mr. Mcdonald and they would have to have 14 whatever procedures they wanted to notify 15 anybody they wanted to.
16 Q And it says it is to be assumed that 17 either Mr. Mcdonald or Mr. --
18 A Hairston.
19 Q -- Hairston was in fact contacting ;
l 20 Mr. Farley; correct, that was an assumption to l 21 be made?
22 A You can infer that, I --
23 MR. LAMBERSKI: The document 24 speaks for itself.
25 Q (By Mr. Kohn) Now, this memo only
(
BULL & ASSOCIATES, INC.
1 l
55 1 relates to the nuclear side of the --
2 A No.
3 M3. WITHROW: No.
4 A It does not relate in any way to the 5 nuclear side except that we were taking 6 advantage of the existing procedures we have in 7 the nuclear side to deal with a company 8 procedure, a Georgia Power Company procedure on 9 crisis management.
10 Q So if I understand it, if a tornado 11 was hitting a fossil plant at the other end of 12 the State, you would be contacted?
13 A Not me, but someone would contact 14 Mr. Dahlberg and tell him a tornado was hitting 15 the fossil plant. That's what the crisis 16 management plan was.
17 If the tornado hit our building in 18 Birmingham, which has nothing to do with the ;
1 19 nuclear part then Georgia Power would have been l 1
20 notified. )
l 21 Q But it says, please be advised that 22 my on-call project manager of --
or director of 23 corporate response will call you or Mr. Mcdonald i 24 in accordance with the corporate emergency 25 telephone directory.
l l
BULL & ASSOCIATES, INC.
56 1 A Right. .
2 Q What I'm understanding.from your 3 testimony is-that this 1s the Georgia Power 4 Company procedure for the entire company; 5 correct?
6 'A This is my response to Mr. Hairston 7 in'how the people in our organization will 8 respond to that procedure, which is a Georgia 9 Power Company-wide procedure, yes.
10 Q So your organization is contacting 11 Mr. Farley and you really have no knowledge --
12 A No. No. No. My organization is ;
13 contacting either Mr. Hairston or'Mr. Mcdonald.
14 That's what that says.
15 Q And it is to be presuned that 16 Mr. Farley would then be. contacted; correct?
17 A Yes.
18 MR. WITHROW:. And again you're-19 limiting this to the non-nuclear 20 crisis management plan, that's what 21 you are asking him'about.
22 MR. KOHN: Well, let me see --
23 MR. WITHROW: You're looking-at j l
24 that --
I just want the record to be I 25 clear. You're looking at that BULL & ASSOCIATES, INC.
57 e
1 memorandum, which he's testified now 2 several times, has nothing to do with 3 nuclear operations.
4 MR. KOHN Okay. Let's look at 5 something.
6 Q (By Mr. Kohn) If a meltdown occurred 7 at the Plant Vogtle site, okay, I assume you're 8 going to be contacting Mr. Farley according to 9 the crisis management plan; correct?
10 MR. WITHROW: I object to that.
11 Now you've gone back to nuclear 12 operations.
13 MR. KOHN: Just an example.
14 Q (By Mr. Kohn) I mean isn't that a --
j 15 A No, that is not correct.
16 MR. BARTH: May I interject for 17 a moment. Michael, you've asked this 1 18 question and Mr. McCoy has testified 19 --
Pardon the bad grammar --
I ain't 20 going to talk to Farley, that's il someone else's rap. He's testified to 22 that and I think we're just simply 23 repeating and repeating the same I 24 question.
25 I realize it's your deposition, 1
l BULL & ASSOCIATES, INC.
58 I but he's already answered the . question
- 2 several times that he'is not going to 3 talk to Mr. Farley. That's somebody c
4 else's business.
5 MR. KOHN: That's not my i 6 question of whose actually being 7 contacted.
8 Q (By Mr. Kohn) My question is the 9 crisis management plan --
would a1 meltdown at 10 the Plant Vogtle-constitute a crisis --
11 A- No.
12 Q -- within the Georgia Power crisis ;
13 management plan? l 14 A No. We have a separate set of ;
15 procedures within Georgia Power Company that
. 16 deal with emergencies at nuclear plants.
17 We do not activate the Georgia Power 3
18 Company crisis management plan for emerger.nies 19 at the nuclear plants. We activate the Georgia H 20 Power Company's emergency plan, the nuclear ,
l 21 emergency plan. I 22 Q And the nuclear emergency plan 23 requires that --
24 A That all the Georgia Power Company 25 senior management up the chain be notified.
J l
BULL & ASSOCIATES, INC.
.59 1 Q And in the telephone list on who is 2 to be notified on the on-call project manager 3 that would included Mr. Farley; correct?
4 A That is not the telephone list for 5 who is to be notified. That is a telephone list 6 that is available to our managers that has 7 everybody's home phone numbers and all.
8 In the procedure it says specifically 9 that Georgia Power Company management is 10 notified. Mr. Farley is not Georgia Power 11 Company management as identified on this list at 12 that time.
13 Q But he is a --
Let's not split. hairs ;
14 here. It says, a big heading, Georgia Power 15 Company management.
16 Do you see that on page 1 of Exhibit 17 17 18 A Yeah, let's don't split hairs. It 19 says --
20 Q No, I'm just --
21 A --
right under --
22 Q I'm asking the question here. And 23 you see right under that the first mame is 24 Joseph M. Farley; correct?
25 A That is correct.
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^
60 1 Q And then under Mr. Farley it does go 2 on to indicate the Southern Company; correct?
3 A Yes. It says he is executive vice 4 president of the Southern company.
5 Q Now, were you aware that Mr. Baker 6 thought that Mr. Farley was a Georgia Power 7 Company employee?
8 A No, I certainly wasn't.
9 Q Now, when it comes to No. 3, it says 10 Mr. George --
11 MR. LAMBERSKI: I'm sorry, No.
12 3?
13 Q (By Mr. Kohn) Under Georgia Power ;
I 14 Company corporate management, the third 15 individual is Mr. Hairston, it doesn't even 16 indicate what company he works for, does it?
i 17 A It does not. j 18 Q So the actual --
And Mr. Beckham, it 19 doesn't indicate what company he works for, does 20 it?
21 A That's correct.
22 Q And Mr. McCoy, it doesn't indicate 23 what company you work for?
24 A And that really is irrelevant. All 25 of my managers know clearly who works for f
BULL & ASSOCIATES, INC.
61 1- Georgia Power Company. And the procedures say 2 you notify the Georgia Power Company people.
3 Q Okay. Do you know a Mr. Steve 4 Chesnut?
5 A Yes, I do.
6 Q And who is Mr. Steve Chesnut?
7 A He is a Georgia Power Company 8 employee who currently works at Plant Vogtle.
9 Q And at some --
prior to going to 10 Plant Vogtle what was his position?
11 A He's had several positions. Just 12 prior to coming to Plant Vogtle I believe he was 13 manager of engineering at the Vogtle project in 14 Birmingham.
15 Q And would he know who the on-call 16 project managers would contact?
17 A I have no idea. He was not one of l 18 those.
19 (Intevenor's Exhibit No. 3 was thereupon marked for 20 identification by the court reporter.)
Q (By Mr. Kohn) I want to show you an 22 exhibit I've marked as Exhibit 3, which ,
23 1 constitutes pages 1 and then 8 through 11 of a i 24 j transcript identified as tape No. 260 side A of !'
25 I
BULL & ASSOCIATES, INC.
62 1 Mozebaugh taperecording.
2 Can you tell me if you have reviewed 3 this document before or the pages that I have 4 marked as the exhibit?
5 A Yes, I have seen this.
6 Q And when is the first time you saw 7 this document?
8 A Approximately a week ago.
9 Q And who showed it to you?
10 A My counsel.
11 Q Was anyone else present?
1 12 A No. l l
13 Q Now, Mr. Chesnut indicates on page 10 14 --
I'm assuming that the transcript is accurate I i
15 -- that there were a lot of calls to Farley. "I 16 know they call Farley."
17 And then on page 11 indicates that "I 18 know they call Farley a lot, but it wasn't until l 19 recently I started hearing this (inaudible) 20 about calling. I can't imagine them calling 21 Dahlberg because (inaudible) because knows how 22 much but he doesn't know which ones are running, 23 pay attention to which plants were running."
24 As you read this, did you understand 25 that Mr. Chesnut was indicating that he was BULL & ASSOCIATES, INC.
e 63 1 aware that there were a lot of phone calls being P
2 made to Mr. Farley about the operation of the 3 plant?
4 A I read it that he was speculating 5 that that was the case. I don't think he knew.
6 He was not in a position to know who was called.
7 I don't know how he drew those conclusions, but 8 they're in error.
9 Q How do you know they're in error?
10 A Just because it's simply not the 11 case. We didn't call Mr. Farley. I don't ever 12 recall calling him about any kind of plant 13 problem during that time frame.
14 Q Didn't you call Mr. Farley about the 15 site area emergency? ,
l 16 A No. ;
17 Q Did you ever talk to Mr. Farley about 18 the site area emergency?
19 A Oh, yes, after the fact. A number of 20 times we discussed just in general terms but I 21 nothing specific. He was not in the line that 22 had anything to do with making decicions or 23 dealing with that site area emergency on that 24 date nor do I recall him voicing any opinion on 25 that day.
BULL & ASSOCIATES, INC.
c 64 L
s-1 Q And was Mr. Farley provided ;
2 information about the LER that was being filed 3 with respect to the site area emergency?
4 A Not to my knowledge.
5 Q So you have no knowledge about 6 Mr.-Farley being briefed about the LER?
7 A- No.
8 Q At --
9 A Let me clarify that. You know, 10 subsequent to allegations being made about the i 11 accuracy of the LER, I'm sure that he was ,
12 briefed on that situation, but at the time that 13 it was being prepared or whatever I don't recall 14 any contact.
15 Q How about on April 19 --
16 A No. i i
17 Q --
19907 l
18 A Not that I'm aware of. l 19 Q Do you have a --
Do you trust your 20 recollection of the events that occurred on 21 April 19, 1990?
22 A No.
23 Q Do you recall being deposed during 24 the course of either the Mozebaugh or Hobby 25 proceeding?
1 l
l i
BULL & ASSOCIATES, INC. l 1
1 Eaton bh$o s & Pritche COURT REPORTERS 1 IN THE MATTER OF THE GEORGIA POWER 2 COMPANY (VOGTLE ELECTRIC GENERATING 3 PLANT, UNITS 1 & 2) 4 5
6 i l
l 7
8 DOCKET NOS. 50-424-OLA-3 9 50-425-OLA-3 10 11 .
12 13 "
14 DEPOSITION ,
15 OF 16 ROBERT P. MCDONALD i 17 April 14, 1994 18 i 19 j 20 21 TAKEN BEFORE: Gail B. Pritchett 22 Registered Professional 23 Reporter and Notary Public 575 Park Place her 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152
- NTMONAl, Wrls 1-800-458-6031 fax 252-0196
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Eaton
! cho s & Pritchett COURT REPORTERS 1 Q. And what process voild be 2 used? I mean, was there a --
now, if you l
3 were traveling, Mr. Hairston was !
4 traveling, Mr. McCoy was traveling, is 5 there a list that would have all of the 6 various phone numbers for the site duty 7 manager to call until he could get hold 8 of a corporate --
of a project duty 9 manager?
10 A. I don't know what list exists. ;
11 I do know about the functioning of those 12 calls.
13 Q. And what was the function of 14 the calls?
15 A. The functioning of calls from 16 the plant involved the following: There 17 was a duty manager of the plant at all 18 times, particularly he functioned when 19 the plant manager was absent from the 20 plant or not in the vicinity. The duty 21 manager, if he had something to report, 22 was to contact the duty project manager 23 who consisted generally of the project 575 Park Place Tower 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152 - NAMONAl.%415 l-800-458-6031 FAX 252-0196
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COURT REPORTER $
1 vice president, the general manager of 2 the project involved and probably an 3 operations type person as a third person, 4 because they rotated that type of duty.
5 There was a higher level than that in 6 what we refer to as the --
what I refer 7 to now as the corporate level which 8 consists during the time that I was there 9 of either George Hairston or myself.
10 George was always the corporate level man 11 who would be called, unless he was gone, 12 and then I would be.
13 Those are the only reported 14 chains that I know of in the context of 15 your question, except the next one which 16 would be the chief executive officer of 17 Georgia Power Company. When either an 18 event or question would come up to either 19 George or I that was of importance, we 20 would call the CEO of Georgia Power 21 Company with whatever message we had to 22 give him.
23 Q. Let's go back to a specific 575 Park I%ce Tower 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152
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r i 1 i 7 ler i hi)mm 55 l Y$$oYs & Pritche COURT REPORTERS 1 example of site area emergency. Can you, 2 as best you can recollect today, tell me 3 the project duty manager?
4 A. No. I don't know.
i 5 Q. Can you tell me how you learned 6 of the site area emergency?
7 A. I was in a conference room in 8 Palo Alto, California when I received the 9 call. I believe the call was from George 10 Hairston advising me of the emergency. I 11 am not sure it was George, but I think it 12 was.
13 Q. And so you are not on the -- on 14 the site?
15 A. No.
16 Q. And can you tell me what you 17 did after that?
18 A. Well, first thing I did is I 19 went in the next room and motioned to Tom 20 Merley who was director -
ONRR and called 21 >
him out in the hallway and told him what 22 was going on.
23 ( Q. After that?
575 Park Place Tower 2001 Park Place Birmingham, Alabama 35203-2793 (205) 252-9152
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Ea) ton
o s & Pritchett COURT REPORTERS 1 A. That's all. I waited and got 2 some reports from George on progress of 3 events, but that is all that happened, 4 all I was involved with.
5 Q. Do you recall a change in 6 outage schedule for Plant Vogtle, change 7 in the outage schedule philosophy after 8 you became a Georgia Power exec?
9 A. Do I recall a change in the 10 outage schedule philosophy? I am not 11 sure what your term is, philosophy.
12 Q. That outage schedule --
do you 13 recall discussions about an outage 14 schedule philosophy in which it was i 15 determined that outages would be 16 scheduled so that everything is to be 17 considered as occurring optimally during l
18 the course of the outage, that there l 19 would be no time put in for potential 20 problems?
21 A. Yes, I am familiar with that.
i 22 Q. And that the philosophy was l 23 that the shortest schedule that you were 575 Park Place Tower 2001 Park Place Birmingham, Alabama 35203-2793 ,
(205) 252 9152- N AMONAl, Mis 1-800-458-6031
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