ML20077C064
| ML20077C064 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 11/17/1994 |
| From: | Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | |
| References | |
| CON-#494-16012 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9411300299 | |
| Download: ML20077C064 (7) | |
Text
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DOCKETED NovedbENSS7, 1994 UNITED STATES OF AMERICA 94 t0V 21 E :54 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
^';
JiTlC
.i t Before Administrative Judges:(DU M~ P a.
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 gn pL,
)
)
Re: License Amendment (Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 INTERVENOR'S LIST OF " PHASE I" ISSUES On November 15, 1994 Intervenor participated in a conference call initiated by counsel for licensee, Georgia Power Company
("GPC"), et al.
Licensee's counsel requested the Atomic Safety Licensing Board " Board") to consider whether, in light of the Board's November 8, 1994 Memorandum and Order (Summary Disposition: Illegal Transfer Allegation), Intervenor should identify issues he intends to raise at the hearing.
The Board's chairman subsequently advised Intervenor's counsel in a voice mail message that Intervenor file a list of the " issues you intend to identify for hearing."
Intervenor plans to raise the following issues at the upcoming hearing:
9411300299 941117 PDR ADOCK 05000424 0)
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Whether Licensee committed errors of omission or commission during the Vogtle Unit 2 Full Power License hearing held before the Commission with respect to the reporting relationship and hierarchy of SONOPCO project /GPC executives, and whether the errors of omission or commission were compounded in the May 1, 1989 letter from Hairston to NRC to correct omissions related thereto.
2.
Whether the Licensee's failure to advise NRC resident inspector John Rogge about Mr. Farley's involvement with plant Vogtle management constitutes a false statement by omission.
3.
Whether statements made in GPC's April 1, 1991 response, October 3, 1991 supplemental response and December 10, 1991 to Intervenor's 2.206 Petition and supplements thereto, contain errors of omission and/or commission concerning, inter alia-a) the organization, reporting relationships, hierarchy, line management configuration, control over j
nuclear operations and/or characterization of Georgia Power's control over its nuclear operations; b) the accu 2.acy of PSAR amendments with respect to the i
organization, reporting relationship, line management configuration, control over nuclear operations, and the exclusion of Mr. Farley and/or the SONOPCO project; c) the incorrect or misleading description, implementation and/or timing of the implementation of
" phases" associated with the operation of Southern Nuclear; l
i l
k d) the assertion that the April 26, 1989 memorandum from Williams to Hobby constitutes a Phase I organizational chart; e) control over and preparation of Georgia Power's nuclear budget; f) selection of SONOPCO personnel and/or_ staffing and employment decisions effecting nuclear operations or GPC personnel; g) establishment of nuclear operating philosophy and/or the role played by Mr. Farley with respect thereto; h) requirements related to the Vogtle project emergency planning procedures and contact with Mr. Farley; i) the frequency in which Mr. Dahlberg was contacted by Mcdonald and/or Hairston; j) failure to advise NRC about material factors concerning the direct and/or indirect transfer of control; k) the selection process used to staff the SONOPCO project.
4.
Whether Licensee committed errors of omission or commission by failing to advise the Commission about material facts related to the existing management structure, control, reporting relationships, and factors indicative of a prior direct or indirect transfer of control when filing its request to amend the plant Vogtle nuclear operating license.
l
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6 5.
Whether Licensee committed errors of omission or commission by failing to advise NRC about the actual configuration of the SONOPCO organization during a July 25, 1989 meeting between NRC and SONOPCO personnel.
6.
Whether Licensee committed errors of omission or commission when submitting updated FSARs to NRC on March 28, 1990 and March 28, 1991.
7.
Whether Licensee's statements during a January 11, 1991 transcribed meeting with the NRC contain errors of omission or commission concerning the implementation and reporting relationship between Southern Nuclear and Licensee.
8..
Whether Licensee created a false, misleading or incorrect record in the Hobby Section 210 proceeding and/or made false factual assertions in that proceeding and thereafter used and relied upon to mislead the NRC about the accuracy of Intervenor's 2.206 petition assertions related to the allegation that Georgia Power improperly transferred control of licensed activity, including the following misleading, false or incorrect assertions:
a) whether Dahlberg was aware of a concern raised by i
either Hobby or Oglethorpe about Farley's involvement with i
i Georgia Power's nuclear matters; b) Farley's involvement in resolving Georgia Power nuclear corporate concerns; c) Farley's involvement in the dismantling of the Nuclear Operation Contract Administrative group; j
i
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d) Fred William's denial that he instructed Hobby to destroy his April 1990 memo; e) whether the " performance indicator" dispute was resolved by Farley or Dahlberg.
9.
. Issues stemming from the Board's Memorandum and Order (Motion to Reopen Discovery) dated. November 9, 1994.
10.
Whether the December 6, 1990 letter from Mr. Hairston to NRC continued to misled the Commission about the reporting relationship of Southern Nuclear.
11.
Whether during the December 19-21, 1988 NRC inspection,
)
Licensee mislead or failed to adequately state the reporting relationships existing within the SONOPCO project and who was responsible for philosophy changes that were not incorporated in the VOGTLE FSAR.
Respectfully submitted, f/
Michael D.
Kohn KOHN, KOHN AND COLAPINTO, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 Attorneys for Intervenor Dated:
November 17, 1994 C:\\ FILES \\301\\lSSUES
o.,
November 17,.b i o i. : u, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4'1 W D Tir" :5/'
ATOMIC SAFETY AND LICENSING BOARD
)
CITil t (4 cit l ARY In the Matter of
)
00ChE iIN
'r o /IO
)
Docket Nos. 50-424-OLA-3 c: :,;
GEORGIA POWER COMPANY
)
50-425-OLA-3 et al.,
)
)
Re: License Amendment (Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I'l h I hereby certify that INTERVENOR7H-~PHASPI-WI-TNESS-LIST, /
INTERVENOR*-S-PHASE I~ EXHIBIT-LIST-and INTERVENOR' S LIST OF ISSUES FOR PHASE I were served via hand delivery on Novembe.r 17, 1994 upon the persons listed in the attached Service List; except that these documents were served via first class mail the same day on persons identified with ("*").
By:
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Mgry
. ne Wi1Eo~tfi "
~
KOH KOHN & COLAPINTO, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY
)
50-425-OLA-3 et al.,
)
)
Re: License Amendment (Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge Administrative Judge Peter B.
Bloch, Chair James H.
Carpenter Atomic Safety and Licensing Board 933 Green Point Drive U.S.
Nuclear Regulatory Commission Oyster Point 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 SRAW, PITTMAN, POTTS &
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 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- Office of Commission Appellate Adjudication U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 301\\ cert.lis