ML20078P598
| ML20078P598 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 12/08/1994 |
| From: | Lamberski J, Lamnerski J GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#494-16072 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9412190084 | |
| Download: ML20078P598 (6) | |
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UNITED STATES OF AMERICA 94 DEC -9 A 7 :37 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Bot 7(flCf Of SECRETARY
.u;KETING & SERVICE BRANCH In the Matter of
)
Docket Nos. 50-424-OLA-3
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50-425-OLA-3 GEORGIA POWER COMPANY, et al..
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Re: License Amendment
)
(Transfer to southern Nuclear)
(Vogtle Electric Generating
)
Plant, Units 1 and 2)
)
ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S REQUEST FOR RELIEF FROM OR FOR CFRTIFICATION OF SEOUESTRATION ORDE.R Pursuant to 10 C.F.R. SS 2.718 (1) and 2.78 6 (g), Georgia Power company and its counsel move the Board to grant relief or to certify to the Commission the following question:
Whether a licensee's counsel may be excluded from communicating with past or
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procent officers of its clients who are witnessos in a proceeding and who have expressed their choice to be reprocented by such counsal, in the absence of any indication that such counsel will obstruct the proceeding.
Georgia Power and its counsel understand their c(.igations under tho Board's sequestration orders, as stated in the Memorandum and Ordur of November 9,
1994 (Hotion to Roopan Diccovery) and Memorandum and Order of November 28, 1994 (Exclusion of Witnesses),
and will continuo to abide by those ordera until rolloved of the rostrictions.
We believe, however, that Georgia Power's counsel can tulfill their ethical obligations to advise and represent their clients without frustrating the Board's objective of preventing the h) 9412190084 941208 PDR ADOCK 05000424 3(y Q
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- d wi ases communicating their testimony to each other.
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therefore believe that the Board's sequestration orders are overbroad and, unless modified by the Board, should be certified to the Commission.
Following. issuance of the Board's November 28 Memorandum and
- order, we asked persons expected to testify on emergency notification procedures whether they wished to be represented on this issue end, it so, by whom.
We informed each of these potential witnesses that the November 28, 1994 Memorandum and Order states that the choice may not include GPC counsel, and we provided them with a copy.of the Namorandum and order.
We also advised i
- them, however, that we disagreed with the Board's legal interpretation, and asked the potential witnesses to identify counsel of their choice.
After consideration, all of the potential witnesses (Messrs.
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Dahlberg,.arley, Hairston, McCoy, and Mcdonald) have informed us j
that they wish to be represented by GPC counsel (Troutman Sanders and/or Shaw Pittman).
We see no conflict in representing'these individuals and our corporate clients as well.
These individuals are, in effect, the client corporations.
All of them era present or former corporate officers, within the corporate control group of our oliant corporations. We therefore continue to perceive a legal and ethical obligation to advise and represent these individuals, and to assist them in preparation of their testimony for Georgia Power.
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- u-n-34. a;1ock Because these individuals have asked that we represent them, and because we see no conflict in their representation, we request that the Dourd grant relief from the existing orders or certify this matter to the commission, pursuant to 10 C.F.R.
S 2.718 (i).
We believe that the exclusion of counsel of choice effectively denies Georgia Power and its officers their right to counsel.
We therefore respectfully submit that the Board's prior ruling (1) threatens an immediate and serious irreparable impact which cannot be alleviated by review after the final decision in this case, and (2) affects the basis structure of the proceeding in a pervasive and usual manner; therefore, the standards for certification specified in 10 C.P.R. S 2.786(g) are met.
Although the Staff has not provided a brief on this subject, we believe that the Board's two Memoranda and Orders, our motion for reconsideration, and Intervonor's response adequately present the issue and arguments I
for review.
We would as well welcome the Staff's views for the Board's and Commission's consideration.
As previously
- stated, we have abided by the Board's maquestration order to date, and will continue to do so until relieved of the present restrictions.
The sequestration order, however, poses a profound legal and ethical dilemma for us, and we real compelled, by our duty to our clients and to the regulatory proccoa, to pursue itn runolution.
For all of these reasons, we request that the Board either eliminate the rostrictions on counsel or certify the matter to the Commission for expedited consideration.
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- o Respect ully submitted
s E. Uoiner ohn Lamberski RotfrMAN SANDERS Ernest L. Blake, Jr.
David R. Lewis SHAW PITTMAN POTTS & THOWSMIDGE counsel for Georgia Power Co.
Dated:
December 8, 1994 i
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- n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Refore the Atomic Safety and Licensina. Board 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 Nuclear)
(Vogtle Electric Generating
)
Plant, Units 1 and 2)
)
ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that copies of " Georgia power Company's Request for Relief From or for Certification of Sequestration order," dated Doccaber 8, 1994, were served by facsimile and those designated by an asterisk were served by U.S. Mail, this 8th day of December, 1994.
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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. S0-424-OLA-3 50-4 2 5-OLA-3 21 A1 Re: License Amendment (Vogtle Electric (Transfer to Southern Generating Plant, Units 1 and 2)
Nuclear)
J ASLBP No. 93-671-01-OLA-3 SERVICE LIST
)
Administrative Judga
- Stewart D.
Ebneter Peter B. Bloch, Chairman Regional Administrator Atomic rafety and Licensing USNRC, Region II Board 101 MArietta Street, NW i
U.S.
Nuclear Regulatory Suita 2900 f
Commission Atlanta, Georgia 30303 j
Two White Flint North 11545 Rockville Pike Office of the Secretary Rockville, MD 20052 U.S.
Nuclear Regulatory Commission
/dministrative Judge Washington, D.
C.
20555 James H. Carper.ter ATTN:
Dockating and Atomic Safety and Licensing Services Branch i
!Doard 933 Cronn Point Drive Charles Barth, Esq.
I I
Oyster Point Mitzi Young, Esq.
Sunset Beach, NC 28468 Office of General Counsel i
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 Rosources 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
- Of fice of Comminaion Appellate 1
Adjudication ono White Flint North 11555 Rockville Pike Rockville, MD 20052
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