ML20077P091
| ML20077P091 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 01/05/1995 |
| From: | Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#195-16188 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9501180048 | |
| Download: ML20077P091 (5) | |
Text
.
/'Lb,/2'B' 00CKETED e
USHRC January 5,'1995 UNITED STATES OF AMERICA 95 JAN -5 P4 :40 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECREWK-l 00CKEimG 9 d%.
In the Matter of-
)
ON Ah.b l
)
Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY
)
50-425-OLA-3 L
et al.,
)
-)
Re: License Amendment I
(Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 l
INTERVENOR'S HOTION TO STRIKE PREFILED TESTIMONY OF MESSRS. MCCOY AND HAIRSTON i
NOW COMES Allen Mosbaugh, Intervenor in the above caption proceeding, and moves this Honorable Board.to strike certain portions of Georgia Power Company's prefiled testimony of C.K.
McCoy.
Intervenor has set out below the portions he asserts should be stricken and the reasons they should.be stricken.
Prefiled Testimony of C.K.
McCoy 1)
Mr. McCoy's testimony regarding the " purpose of his
[
i l
testimony" is irrelevant, immaterial and constitutes legal i
i argument; 2)
Page 2, line 4 to Page 4, line 4; calls for narrative from the witness and is cumulative of the witness's testimony; 3)
Page 3, lines 19-21; improper reliance on the testimony of another witness; 4)
Page 9, lines 20-24; violation of best evidence rule -
I improper reliance on hearsay; the witness has no first hand knowledge and must speculate; 5)
Page 11, lines 16-21; improper reliance on the testimony of l
another witness; 9501180048 950105 PDR ADOCK 05000424 p16
~
0 PDR
-t i
.6)
Page'14[ line 4;Jstatements concerning existence of L
I
" accurate partialftranscript".should be stricken; Licensee.
'j fails to' produce such a transcript; l
'i i
'?)
Page.17, lines 15-20; Opinion evidence-requiring the: witness I
to: reach an. ultimate finding of fact and/or.a conclusion of
^
law; i
8)
Page 21, lines 4-6 and lines 10-11; improper reliance,on'the' testimony of another witness; i
9)
Page 22; lines 5-19;. opinion evidence requiringfthe witness to reach an ultimate finding of fact and/or a conclusion 1of
]
i law; 10)
Page 23, lines 10-23; violation of bestLevidence rule -
)
' mproper reliance on hearsay; the witness'has no first hand i
i 1
knowledge and must speculate;~
j 1
11)
Page 24, lines 22-26; violation'of best evidence rule'-'
improper reliance on hearsay; the witness has no first' hand knowledge and must speculate.
Prefiled Testimony of W.Georce Hairston. III-l:
l Intervenor hereby objects to the following parts of Mr. W.
George Hairston's testimony and-requests that these portions of Mr. Hairston's testimony be stricken from the record for the grounds' listed.
The objectionable portions are as follows:
1)
Mr. Hairston's testimony regarding the " purpose-of his testimony" is irrelevant, immaterial and constitutes. legal argument; 2
l i
i 2)
Page 2-3, Question and Answer beginning on page 2; calls for narrative from the witness and is cumulative of the witness's testimony; I
3)
Pages 12-13, Question and Answer at bottom of page; violation of best evidence rule - improper reliance on hearsay; the witness has no first hand knowledge and must speculate; 4)
Page 14, First Paragraph; violation of best evidence rule -
improper reliance on hearsay; the witness has no first hand knowledge and must speculate; 5)
Page 17, First Answer on page; violation of best evidence rule - improper reliance on hearsay; the witness has no first hand knowledge and must speculate; 6)
Page 25, First Question and Answer on page; opinion evidence requiring the witness to reach an ultimate finding of fact and/or a conclusion of law; 7)
Page 31, Last Paragraph on page; reliance on DOL recommended decision impermissible; on final decision issued; 8)
Page 32, Last Question and Answer on page; violation of best
)
j evidence rule - improper reliance on hearsay; the witness i
has no first hand knowledge and must speculate; j
i 9)
Page 38, "Mr. Mcdonald gave the Company's presentation to i
the NRC and he will testify further about this meeting";
improper reliance on the testimony of another witness; 3
l
i i
i 10)
Page 42, Last-Question and Answer of Page; violation of best j
evidence rule - improper reliance on hearsay; the witness j
1 has no first hand' knowledge and must speculate; 1
'll)
Pages 43-44, Paragraph at bottom of.page; improper reliance on vacated' Directors decision; r
12)
Page 44, "and the testinony of Messrs. Farley and Mcdonald";
{
improper reliance.on the testimony of another witness; 13)
Page 48,.i?irst Question and Answer on page; opinion evidence requiring-the witness to reach an ultimate finding of fact and/or a conclusion of law, i
t l
Conclusion l
l For the above stated reasons, Intervenor requests that this l
l motion be granted and the above cited portions of'the prefiled l
l testimony of Mr. McCoy and Mr. Hairston be stricken from the l
I record.
l i
i Respectfully submitted, l
^
Micha/I D.
Kohn Mary Jane Wilmoth KOHN, KOHN & COLAPINTO, P.C.
l 517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 CERTIFICATE OF SERVICE I hereby certify that the above motion was served on January 5,1995 by hard delivery on the persons listed in the attached service list (except that it was served by first-class mail as indicated by
"*").
l Mary Jane Wilnoth i
C:\\ FILES \\301\\ MOTION.PT 4
l l
DOCKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
'CJ5 JAN -5 P 4 Z0 In the Matter of 0FFICE 6F SECRETARY 50-42BGf:ffA fG & SLRVlCE, D
)
Docket Nos.
GEORGIA POWER COMPANY
)
50-425-OLA gANCH b
g1 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 SHAW, PITTMAN, POTTS &
600 Peachtree Street, N.E.
TROWBRIDGE Atlanta, GA 30308-2216 2*70 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 l
C:\\ FILES \\301\\ CERT.LIS l
!