ML20078D328

Motion for Issuance of Subpoena.* Util Moves Board to Issue Subpoena for Deposition of B Hayes & Appended for Signature. W/Certificate of Svc & Svc List

ML20078D328
Person / Time
Site:	Vogtle
Issue date:	10/31/1994
From:	Doris Lewis GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CON-#494-15883 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9411040032
Download: ML20078D328 (1)

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DOCKETED October 3k, $94 I

UNITED STATES OF AMERICA '94 fB -2 P4 :09 NUCLEAR REGULATORY COMMISSION 1 0FFIE OF a fi;g j Before the Atomic Safety and Licensine Board DOCKL i;. ,

t .N In the Matter of ) Docket Nos. 50-424-OLA-3

) 50-425-OLA-3 GEORGIA POWER COMPANY, )

etal. ) Re: License Amendment I

) (Tran3fer to Southern Nuclear)

(Vogtle Electric Generating Plant, )

Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S MOTION FOR ISSUANCE OF SUBPOENA Pursuant to 10 C.F.R. f 2.720, Georgia Power Company (GPC) moves the Licensing Board to issue a subpoena for the deposition of Ben Hayes. A subpoena is appended for signature.

The Board has previously mied that this deposition is essential and may be conducted.

Memorandum and Order (Sept. 19,1994) at 4-5. Counsel for GPC has contacted Mr. Hayes, who has requested a subpoena. Counsel for GPC has asked Mr. Hayes to identify a date that would not be inconvenient, but Mr. Hayes has not responded. Sgg letter from D. Lewis to B.

l Hayes (Oct. 25, 1994), attached hereto. GPC remains willing to accommodate Mr. Hayes' schedule, as reDected in the appended subpoena.

Respectfully submitted, SHAW, PITTMAN, POTI'S & TROWBRIDGE l

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i David R. Iewis '

Counsel for Georgia Power Company l 9411040032 941031 PDR O

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I r' l SHAW, PrTTMAN, Porrs & TROWBRIDGE a paarwamem.> swcovoimo Paoas se:owat consonatiowe 2300 N STREET. N W.

WASHINGTON, D C. 20037-1128 (202) 663-8000 (202) 8 -6007 "M LL' 0 October 25,1994 By Federal Exoress Mr. Ben Hayes 15 Foxfire Drive Ashville,NC 28883 In the Matter of Georgia Power Company (Vogtle Electric Generating Plant, Units 1 and 2)

Docket Nos. 50-424-OLA-3 and 50-425-OLA-3

Dear Mr. Hayes:

I spoke with you by telephone on October 6 to arrange a deposition in the Georgia ,

Power Company license transfer case, and I understood that you would call me back with a date that would be convenient to you. Despite leaving another message on your answering machine, I have not heard back from you. I would still very much like to chose a date that does not inconvenience , nu of your family, but because of our hearing schedule, I carmot continue to wait. Therefore, unless I hear from you by Friday, October 28, I will proceed to schedule the deposition for Tuesday, November 15 (in Atlanta, as you requested) and include that date in a subpoena from the Licensing Board. l Again, I would very much like to minimize any inconvenience and would be willing  !

to agree to another reasonable date if possible. If there is a better date, please let me know.

If you cannot reach me, please call Ernie Blake at 202-663-8084.

Sincerely, David R. Lewis

'e' DOCKETED OctotMSURC1994 UNITED STATES OF AhiERICA 94 ggy _.2 P4 '09 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine Board CKING t  :

tWI4Cii In the Matter of ) Docket Nos. 50-424-OLA-3

) 50-425-OLA-3 GEORGIA POWER COMPANY, )

etal. ) Re: License Amendment

) (Transfer to Southern Nuclear)

(Vogtle Electric Generating Plant, )

Units I and 2) ) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby cenify that copies of " Georgia Power Company's Motion for Issuance of Subpoena," dated October 31,1994, were served upon the persons listed on the attached service list by deposit in the U.S. Mail, first class, postage prepaid, or where indicated by an asterisk by hand delivery, this 31st day of October,1994.

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- o o David R. Iewis Counsel for Georgia Power Company ou o

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Beffo._re the Atomic Safety and Licensing Board In the Matter of ) Decket Nos. 50-424-OLA-3

) 50-425-OLA-3 GEORGIA POWER COMPANY, )

etal. ) Re: License Amendment

) (Transfer to Southern Nuclear)

(Vogtle Electric Generating Plant, )

Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 SERVICE LIST

'" Administrative Judge Director, Peter B. Bloch, Chairman Environmental Protection Division Atomic Safety and Licensing Board Depanment of Natural Resources U.S. Nuclear Regulatory Commission 205 Butler Street, S.E., Suite 1252 Washington, D.C. 20555 Atlanta, Georgia 30334 Administrative Judge Stewan D. Ebneter James H. Carpenter Regional Administrator, Region II Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission 933 Green Point Drive 101 Marietta Street, N.W., Suite 2900 Oyster Point Atlanta, Georgia 30303 Sunset Beach, N.C. 28468 Administrative Judge Office of the Secretary Thomas D. Murphy Att'n: Docketing and Service Bmnch Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Michael D. Kohn, Esq. Office of Commission Appellate Adjudication Kohn, Kohn & Colapinto U.S. Nuclear Regulatory Commission 517 Florida Avenue, N.W. Washington, D.C. 20555 Washington, D.C. 20001

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Mitzi A. Young, Esq. Carolyn F. Evans, Esq.

Charles Barth, Esq. U.S. Nuclear Regulatory Commission John T. Mull, Esq. 101 Marietta Street, N.W.. Suite 2900 1 Office of the General Counsel Atlanta, Georgia 30323-0199 One White Flint North Stop 15B18 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1

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y UNITED STATES OF AhiERICA NUCLEAR REGULATORY COhihilSSION.

Atomic Safety and Licensing Board ,

Before Administrative Judges f eter B. Bloch, Chair Dr. James H. Carpenter .

Thomas D. hfurphy In the Matter of ) Docket Nos. 50-424-OLA-3

) 50-425-OLA-3 GEORGIA POWER COhiPANY,. ) ,

etal. ) Re: License Amendment ,

) (Transfet to Southem Nuclear)

(Vogtle Electric Generating Plant, )

Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 l l

SUBPOENA In accordance with section 161(c) of the Atomic Energy Act,42 U.S.C { 2201(c), and 10 C.F.R. 6 2.720, Ben Hayes is hereby ordered to attend and give testimony at deposition upon oral examination by counsel for Georgia Power Company in the above captioned proceeding. The deposition will be held on November 15,1994, beginning at 9:00 a.m., at .

l the offices of Troutman Sanders, NationsBank Plaza, Suite 5200, 600 Peachtree Street, N.E.,

Atlanta, Georgia 30308-2216, or at such other mutually convenient time and location as may be agreed to prior to this date. The deposition will be conducted before a Notary Public and transcribed. Ben Hayes is funher ordered to produce at the deposition all notes, memoranda, 9

files, and other documents in his possession, custody or control relating to Mr. Allen hiosbaugh, allegations made by hir. hiosbaugh and addressed in OI Repon on Case No.

2-90-020R, or investigations of, inquiry into, or evaluation of such allegations.

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On motion made promptly, and in any event received on or before November 10, 1994, and on notice delivered to Georgia Power Company on or before that date, this Atomic Safety and Licensing Board (or if the Licensing Board is unavailable, the Commission) may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any q matter or issue, or (2) condition denial of the motion on just and reasonable tenns. A copy of an order relating to the scope of this proceeding is attached.

l IT IS SO ORDERED.

Peter B. Bloch, Chair Dated at Rockville, Maryland this day of ,1994 l

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I 00C7,ETED l US: P.

1 94 MAY 24 m 56 i l

LBP-94-15

thE May 23, 1994 I Cf M 6 pCi UNITED STATES OF AMERICA )

NUCLEAR REGULATORY COMMICSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: )

Peter B. Bloch, Chair y Dr. James H. Carpenter Thomas D. Murphy gg 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 j (Vogtle Electric Generating Nuclear)

Plant, Units 1 and 2)

ASLBP No. 93-671-01-OLA-3  ;

MEMORANDUM AND ORDER (Scope of Proceeding)

Today we received by facsimile transmission a letter from Georgia Power containing what we interpret to be a  ;

motion to limit the scope of scheduled depositions ~ in  ;

accordance with prior rulings of this Board. We have j decided to deny Georgia Power's motion without waiting for a response. Our ruling is relevant to depositions scheduled during the next two days and must, therefore, be made prompt.i7 ,

1 The Georgia Power motion is based on a ruling of the 3 Board that predated the issuance to Georgia Power of a i Notice of Violation and Proposed Imposition of Civil I

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Penalties on May 9, 1994 (NOV).1 The motion argues, primarily, that three aspects of the NOV were not mentioned in this proceeding and may not be raised as issues. The issues sought to be excluded from this case are: (1) the accuracy and completeness of a Georgia Power statement in June 29, 1990 letter to the NRC concerning GPC's April 9 letter and April 19 LER, (2) the accuracy and completeness of a Georgia Power statement in an August 30, 1990 letter to NRC concerning Georgia Power's April 9 letter to NRC, and (3) the issue of air quality (high dew point readings) that might affect the starting of the Vogtle diesel generators.

The NOV was based on an extensive investigation conducted by the Office of Investigations of the Nuclear Regulatory Commission.2 The matters contained in the NOV also were considered by the Vogtle Coordinating Group, which was comprised of NRC Staff members selected for their expertise in evaluating these charges.3 We note that our earlier order,4 which placed some limitations on the scope of this case, delineated the scope of Phase I of this proceeding. At the time, we were aware that it might later be appropriate to expand the scope into 1 Docket No. 50-424, License No. NPF-68, EA 93-304.

2 The investigation was completed December 20, 1993, and  ;

was released to the public simultaneously with issuance of i the NOV. (Case No. 2-90-020R).

3 February 9,1994, released simultaneously with the NOV.

4 LBP-93-21, 38 NRC 143 (September 24, 1993).

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a Phase II proceeding. Without even considering whether the l l

prior limitations did or did not pertain to the matters j l

raised by Georgia Power, we have determined that it is l necessary to include all the matters in the NOV in the scope of this proceeding. We are hearing an allegation that SONOPCO lacks the character and competence to run a nuclear power plant. We do not know, at this time, whether the allegations in the NOV are valid. However, we have examined extensive documentation that suggests that they have been i carefully considered. Hence, the allegations of the NOV are relevarc and important to the pending contention. To exclude any of those allegations would be to have an inadequate record, compiled with blinders that would keep us from examining a portion of the relevant facts. This we shall not do.

I All the allegations in the NOV are relevant to this case. IT IS SO ORDERED.5 j FOR THE ATOMIC SAFETY AND LICENSING BOARD  ;

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Peter B. Bloch Chair Bethesda, Maryland 5

Motions for reconsideration may be filed within ten days. However, this ruling shall apply during the pending depositions.

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