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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196J3291999-06-28028 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Industry Codes & Standards ML20206M7291999-04-30030 April 1999 Comment Supporting Draft RG DG-1083, Content of UFSAR IAW 10CFR50.71(e). Licensee of Listed Plants in Total Agreement with Comments Provided to NRC by NEI HL-5717, Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC1998-12-18018 December 1998 Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC HL-5715, Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments1998-12-14014 December 1998 Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments HL-5702, Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols1998-10-23023 October 1998 Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols HL-5695, Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers1998-10-13013 October 1998 Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers HL-5690, Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC1998-10-0505 October 1998 Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC HL-5983, Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed1998-09-21021 September 1998 Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed ML20153B2391998-09-15015 September 1998 Comment on Draft NUREG-1633, Assessment of Use of Ki as Protective Action During Severe Reactor Accidents. Endorses NEI Comments HL-5682, Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute1998-09-15015 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute HL-5602, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds1998-04-0303 April 1998 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds HL-5586, Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps1998-03-0404 March 1998 Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps HL-5582, Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events1998-02-27027 February 1998 Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events HL-5564, Comment on Draft NUREG 1555, Updated Environ Standard Review Plan1998-01-30030 January 1998 Comment on Draft NUREG 1555, Updated Environ Standard Review Plan HL-5554, Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public1998-01-15015 January 1998 Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public HL-5546, Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements1997-12-31031 December 1997 Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements HL-5529, Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard1997-12-0101 December 1997 Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard ML20199J0031997-11-24024 November 1997 Comment Supporting Proposed Rule Re Financial Requirements for Decommissioning Nuclear Power Reactors & Draft RG 1060 HL-5424, Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions1997-07-0707 July 1997 Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions ML20148N0741997-06-19019 June 1997 Comment on Proposed Suppl to Bulletin 96-001 Re Control Rod Insertion Problems.Util in Complete Agreement That Incomplete Rcca Insertion Not Acceptable HL-5407, Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ1997-05-27027 May 1997 Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ ML20137C2581997-03-18018 March 1997 Summary of Director'S Decision Under 10CFR2.206 of Mb Hobby & AL Mosbaugh, ML20137C4261997-03-18018 March 1997 Director'S Decision Under 10CFR2.206 Re Petition Re Allegation of Illegal Transfer of OLs to Southern Nuclear Operating Co.Petitions Filed by Mb Hobby & AL Mosbaugh Denied HL-5268, Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols1996-11-27027 November 1996 Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols ML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20129J5481996-10-30030 October 1996 Order.* Extends Time within Which Commission May Take Sua Sponte Review of Memorandum & Order LBP-96-16 to 961129. W/Certificate of Svc.Served on 961030 ML20129K4291996-10-0202 October 1996 Comment Supporting Proposed Rule 10CFR25 & 95, Access to & Protection of Classified Info HL-5247, Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations1996-10-0101 October 1996 Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20128K2791996-09-30030 September 1996 Order.* Time within Which Commission May Take Sua Sponte Review of Memo & Order LBP-96-16 Extended Until 961030. W/Certificate of Svc.Served on 960930 ML20116J8921996-08-0202 August 1996 Withdrawal of AL Mosbaugh.* AL Mosbaugh Voluntarily Withdraws Intervention,Opposition & Contention in Proceedings.W/Certificate of Svc & Svc List ML20116J8551996-08-0202 August 1996 Joint Notice of Termination.* AL Mosbaugh Voluntarily Withdrew Intervention,Opposition & Contentions in Proceeding.W/Certificate of Svc & Svc List ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116N5881996-07-31031 July 1996 Comment Re Proposed Rule 10CFR26, Mods to Fitness-For-Duty Program Requirements. Supports NEI Comments ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20115H2671996-07-0808 July 1996 Comment Supporting Final Rule 10CFR51, Environ Review of Renewal of Nuclear Power Plant Operating Licenses HL-5195, Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors1996-06-24024 June 1996 Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc IA-95-211, Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-391996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 ML20129H7151996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 HL-5103, Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use1996-02-0606 February 1996 Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use ML20096A4911995-12-22022 December 1995 Georgia Power Co Reply to Intervenor & NRC Staff Proposed Findings of Facts & Conclusions of Law.* W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20095D9771995-12-0808 December 1995 Comment on Proposed Generic Ltr Boraflex Degradation in Spent Fuel Pool Starage Racks. Request for Licensees to Demonstrate Subcriticality Margin in Unborated Water,Seems Inconsistent W/Stated Benefit of Borated Water ML20094S2751995-11-30030 November 1995 Intervenor Final Statement of Fact & Conclusions of Law.* Board Finds That Util & Applicant Failed to Meet Burden of Proof Re Ultimate Issue of Character,Competence & Integrity. W/Svc List ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20094J9281995-11-0606 November 1995 Gap Proposed Findings of Fact & Conclusions of Law on Diesel Generator Reporting Issues.* Findings of Fact & Conclusion Accepted.W/Certificate of Svc ML20094J9201995-11-0101 November 1995 Affidavit of Ck Mccoy to Correct Info Contained in Intervenor Exhibit II-97,which Consists of Portions of Deposition in a Mosbaugh Complaint Against Gap 1999-06-28
[Table view] Category:PLEADINGS
MONTHYEARML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20093F9171995-10-13013 October 1995 Georgia Power Co Position on Effect of DOL Case 90 ERA-30.* Recommends Board Should Refrain from Considering or Giving Any Effect to Secretary of Labor Determination in 90 EAR-30. W/Certificate of Svc ML20093F9441995-10-13013 October 1995 Georgia Power Co Response to Intervenor Motion to Conduct Discovery Re Dew Point Instruments.* Recommends That Intervenor Motion to Conduct Discovery Re Dew Point Instruments Be Denied.W/Certificate of Svc ML20093F8681995-10-13013 October 1995 Intervenor Response to Board Memorandum & Order (Effect of DOL Case 90-ERA-30).* Bloomburg & Comanche Peak Precedents Demonstrate Applicability of Issue Preclusion to Matl Fact Containing to Hobby Decision.W/Certificate of Svc ML20093F9901995-10-12012 October 1995 Ga Power Company Response to Intervenor Motion to Admit Certain Admissions of Ga Power.* Intervenor Motion to Admit Certain Admissions of Ga Power,Dtd 951006,should Be Denied. W/Certificate of Svc & Svc List ML20093G1081995-10-12012 October 1995 Georgia Power Co Response to Intervenors Motion to Conduct Further Discovery Against NRC Staff.* Motion to Conduct Further Discovery Denied.W/Certificate of Svc ML20093F9751995-10-12012 October 1995 Ga Power Company Response to Intervenors Motion to Admit Exhibit II-247 (Transcript of Tape 99B).* Intervenor Motion to Admit Intervenor Exhibit II-247 Into Evidence Should Be Denied.W/Certificate of Svc & Svc List ML20093F9541995-10-12012 October 1995 Ga Power Company Response to Intervenor Motion to Strike Affidavit of H Handfinger.* W/Certificate of Svc ML20093B9301995-10-0606 October 1995 Intervenor Motion to Admit Certain Admissions of Georgia Power.* Intervenor Requests That Admission Responses & Corresponding OI Paragraphs Listed Be Admitted Into Record. W/Certificate of Svc ML20093B8901995-10-0606 October 1995 Intervenor Motion to Conduct Discovery Re Dew Point Instruments.* Intervenor Requests to Conduct Addl Discovery & to Obtain Further Relief.W/Certificate of Svc ML17311B3631995-10-0505 October 1995 Intervenor Motion to Admit Exhibit II-247 (Transcript of Tape 99B).* Intervenor Requests That Intervenor Exhibit II-247 Be Admitted Into Evidence.W/Certificate of Svc & Svc List ML20093B7101995-10-0505 October 1995 Intervenor Motion to Complete Discovery Against NRC Staff Expert Witness (Mgt Panel).* W/Certificate of Svc & Svc List ML20093B8291995-10-0505 October 1995 Intervenor Motion to Strike Affidavit of H Handfinger.* Affidavit of H Handfinger Should Be Stricken,In Entirety, from Record of Proceeding.W/Certificate of Svc & Svc List ML20098B7981995-10-0303 October 1995 Georgia Power Company Supplemental Response to Intervenor Addl Discovery Request Dtd 950905.* W/Certificate of Svc & Svc List ML20098B4671995-10-0202 October 1995 Intervenor Request for Continuance to File Response to Georgia Power Co Petition for Review.* W/Certificate of Svc ML20098B4691995-10-0202 October 1995 Intervenor Opposition to Georgia Power Company Petition for Review of Order to Produce Attorney Interview Notes.* W/Certificate of Svc & Svc List ML20092M6071995-09-26026 September 1995 Georgia Power Co Response to Intervenor Addl Discovery Request Dtd 950905.* Request Granted.W/Certificate of Svc ML20092H6571995-09-11011 September 1995 Georgia Power Company Opposition to Intervenor Motion to Strike Testimony of Hill & Ward & to Conduct Addl Discovery.* W/Certificate of Svc & Svc List ML20092H6771995-09-11011 September 1995 Ga Power Company Motion for Stay of Licensing Board Order Requiring Production of Attorney Notes of Privileged Communications.* W/Certificate of Svc & Svc List ML20092A4821995-09-0505 September 1995 Intervenor Motion to Strike Expert Testimony of Hill & Ward & to Conduct Addl Discovery.* Intervenor Requests That Hill & Ward Testimony Be Stricken & Gap File Expedited Responses to Requested Discovery.W/Certificate of Svc ML20091S3861995-08-22022 August 1995 Georgia Power Co Response to Intervenor Motion to Admit Certain Admissions & Sections of OI Rept Into Evidence.* Georgia Power Neither Admit Nor Deny Admissions.W/ Certificate of Svc & Svc List ML20087K2911995-08-15015 August 1995 Response to Licensee Motion for Reconsideration Re Notes of E Dixon Noted & Brief on Attorney Client Privilege.* Requests That Board Order Immediate Production of Interview Notes.W/Certificate of Svc & Svc List ML20087K2801995-08-14014 August 1995 Intervenor Response to Georgia Power Company Motion to Exclude Admission of OI Conclusions.* W/Certificate of Svc & Svc List ML20087K4731995-08-0808 August 1995 Gap Opposition to Intervenor Supplemental Motion to Compel Interview Notes & Other Documents Known to Gap Counsel When Preparing Response to Nov.* Informs That Motion Should Be Denied.W/Certificate of Svc & Svc List ML20087K4021995-08-0808 August 1995 Georgia Power Co Motion for Reconsideration of Order Re Request for Discovery Re E Dixon.* Believes That Board Should Deny Intervenor Motion.W/Certificate of Svc & Svc List ML20087K3501995-08-0404 August 1995 Licensee Position on Admissibility of Staff Exhibits II-5 & II-10.* W/Certificate of Svc & Svc List ML20087A6961995-07-28028 July 1995 Georgia Power Company Motion to Exclude Admission of OI Conclusions.* W/Certificate of Svc & Svc List ML20087A6871995-07-28028 July 1995 Ga Power Company Motion for Issuance of Subpoena.* W/Certificate of Svc & Svc List ML20087A5711995-07-24024 July 1995 Intervenors Supplemental Motion to Compel Interview Notes & Other Documents Known to Ga Power Company Counsel When Preparing Response to Nov.* Board Should Order Production of Notes of E Dixon.W/Certificate of Svc & Svc List ML20086P7801995-07-17017 July 1995 Georgia Power Co Response to Intervenor Motion to Compel Production of Licensee Notes of Interview of Ester Dixon.* Intervenor Motion Should Be Denied.W/Certificate of Svc ML20086P5961995-07-10010 July 1995 Intervenor Motion to Clarify Record.* Requests Board to Clarify Record to Reflect That on 950517,exhibits Identified in List of Stipulated Exhibits,Were Received Into Evidence. W/Certificate of Svc ML20086H2271995-06-30030 June 1995 Intervenor Motion to Compel Production of Licensee Notes of Interview of Ester Dixon.* W/Certificate of Svc & Svc List ML20085C8871995-05-29029 May 1995 Intervenor Response to Motion to Quash Subpoenas of C Coursey,M Hobbs & RP Mcdonald.* Motion to Quash Should Be Denied.W/Certificate of Svc & Svc List ML20084L2871995-05-24024 May 1995 Motion by Georgia Power Company Cl Coursey,Ml Hobbs & RP Mcdonald to Quash Subpoenas of C Coursey,Ml Hobbs & RR Mcdonald.* W/Certificate of Svc & Svc List ML20083R0291995-05-18018 May 1995 Georgia Power Company Brief on Inadmissibility of OI Rept or in Alternative Motion for Certification to Commission.* Advises That Exhibits Should Not Be Admitted Into Evidence in Proceeding.W/Certificate of Svc & Svc List ML20083C8421995-05-12012 May 1995 Intervenor Response to Util Motion for Order Preserving Licensing Board Jurisdiction.* Intervenor Requests That Commission Deny Util Motion for Order Preserving Licensing Board Jurisdiction.W/Certificate of Svc & Svc List ML20083C8461995-05-10010 May 1995 Georgia Power Co Response to Board Question Re 900410 IIT Questions.* Licensing Board Requests That Util Advise Board of Response to a Chaffee 900410 Request for Calcon Sensor Data.W/Certificate of Svc & Svc List ML20083C8241995-05-0909 May 1995 Georgia Power Co Response to Board Question Re Diesel Testing Transparency.* Util Believes That Cash Did Not Include Start 128-131 Since Starts Were Not Included on Typed List.W/Certificate of Svc & Svc List ML20083L7781995-05-0909 May 1995 Georgia Power Co Response to Board Question Re Definition of Successful Start.* W/Certificate of Svc ML20083L7251995-05-0707 May 1995 Intervenor'S Response to Gpc Motion to Strike Partially Intervenor'S Prefiled Testimony.* Requests That Gpc Motion to Strike Partially Intervenor'S Prefiled Testimony Be Overruled in Entirety.W/Certificate of Svc & Svc List ML20083K2971995-05-0202 May 1995 Intervenor Motion for Enlargement of Time.* Requests Enlargement of Time to Respond to Georgia Power Co Motion to Strike Partially Prefiled Testimony.W/Certificate of Svc & Svc List ML20082T3871995-04-27027 April 1995 Georgia Power Co Motion for Order Preserving Licensing Board Jurisdiction.* Requests That Commission Grant Relief Request.W/Certificate of Svc & Svc List 1996-08-02
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October 24, 1994 UNITED STATES OF AMERICA ) ?1j 3 NUCLEAR REGULATORY COMMISSION \g'
-]~' ^, ,
ATOMIC SAFETY AND LICENSING BOARD g 4s }
Before Administrative Judges:
Peter B. Bloch, Chair
~ f
$L OCT 2 5 0% 7s Dr. James H. Carpenter '
Thomas D. Murphy DOCKETING &
- - sEnvicE BRANCH sEcy-NRt 4
)
In the Matter of ) g 9
) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 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 INTERVENOR'S MOTION TO REOPEN DISCOVERY COMES NOW, Intervenor, Allen L. Mosbaugh, through counsel, and moves this Honorable Board to reopen and allow him to commence discovery on the illegal license transfer portion of this proceeding limited to the issues as set out below.
Intervenor makes this request for the following reasons.
I. Introduction :
l When filing his petition to intervene in this proceeding )
Intervenor included as part of his factual basis the assertion .
I that Georgia Power Company ("GPC") made material I misrepresentations when responding to the 10 C.F.R S 2.206 petition filed by Messrs. Hobby and Mosbaugh.2 This proceeding has been bifurcated into two portions, illegal license transfer ,
and diesel generator reliability. Discovery on the illegal 2
Egg December 9, 1992 Amendment to Petition to Intervene )
and Request for Hearing at p. 17 (April 1, 1991 response contains i
" numerous verifiable material false statements"). I 9411010228 941024 i PDR ADOCK 05000424 g() l C PDR l
license transfer portion closed on April 29, 1994. Recently, however, Intervenor has learned, through correspondence between GPC and the NRC, that now, well after the close of discovery, GPC is acknowledging that it made yet another material misstatement to the NRC.
II. Discussion
- 1. New evidence has come to light well after the close of discovery.
The material misstatement involves the On-Call Project Manager List dated December 13, 1989, which is part of the Vogtle Project Emergency Planning Procedures. This is the procedure designating who is to be contacted in the event of an emergency at the plant site. Joseph Farley's name appears on the list as one of Georgia Power Company managers to be contacted during an emergency.
A letter dated March 30, 1994, from John Lamberski, counsel for Licensee, to Charles Barth, NRC Staff counsel, discussing the Plant Vogtle Procedure and the On-Call Project Manager list makes no mention of any inaccuracy in these procedures. (Copy attached as " Exhibit 1") Intervenor relied on this letter as an exhibit in its depositions on illegal license transfer and questioned deponents regarding it and the procedures. See Exhibit 1.
On April 6, 1994, Ken McCoy, Vogtle Project Vice President, testified at his deposition regarding the On-Call Duty Manager telephone list as follows:
Q: And if I understand what the on-call manager list is, if it was an emergency they would start contacting individuals on this list? l 2
l l
A: No. Taat's not what that is at all. That is simply a phone list that has all the relevant people.
Deposition of Charles K. McCoy, April 6, 1994 ("McCoy Dep.") at i
- p. 43. ]
1 Mr. McCoy explcined that these procedures worked together in l the following manner. )
If you are a director of corporate response, ., you start down the checklist and you get to the checklist item No. 4 and it says, notify the appropriate Georgia ,
Power Company corporate management and brief them on the emergency. And what that means to all of our manacers is that you notify the next cerson un the ling in the Georgia Power cornorate manacer and thev -
manacement and they in turn brief - they contact the next Georgia Power management.
McCoy Dep. at p. 49 (emphasis added)
Mr. McCoy was questioned about the implementation of the procedure and how the managers on the list would be called during an emergency. He was specifically asked " [w] asn' t there an assumption that Mr. Farley would be contacted?" He replied:
Not.to my knowledge. I didn't have anything to do with that. If that was, that was some agreement between he and Mr. Mcdonald and Mr. Hairston, but it was not a part of our procedures nor was it my duty to contact him if I couldn't get ahold of any other Georgia Power management.
McCoy Dep. at p. 51 (emphasis added).
Mr. McCoy further testified that he might be able to infer that Mr. Mcdonald and Mr. Hairston were contacting Mr. Farley in the event of an emergency but that the telephone list was "not the telephone list for who is to be notified. That is a telephone list that is available to our managers that has 3
everybody's home phone numbers and all." McCoy Dep. at pp. 54-55, 59. He also stated about the procedures:
It does not relate in anyway to the nuclear side except that we were taking advantage of the existing procedures we have in the nuclear side to deal with a company procedure, a Georgia Power Company procedure on crisis management.
McCoy Dep. at p. 55.
At the close of discovery, the credibility of these statements by Mr. McCoy could be weighed against the documentary evidence on the actual Vogtle Project procedure, and, in particular against the admission contained in an April 1, 1991 response Georgia Power filed to the September 11, 1990 10 C.F.R.
52.206 petition filed jointly by Intervenor and Mr. Hobby. NRC Staff specifically advised GPC that this response had to be submitted under oath or affirmation. This April 1, 1991 Petition response admitted that:
Vogtle Project emergency planning procedures require the duty manager to notify senior corporate management, including both Mr. Dahlberg and Mr. Farley, in the event of a significant event at Vogtle. The actual ractice regarding notification is that the On-Call groject Manager or the Director of Corporate Response t
contacts Mr. Hairston or Mr. Mcdonald and then Mr.
Hairston or Mr. Mcdonald contacts Mr. Dahlberg and Mr.
Farley. .Of course, if such a event triggers the foregoing emergency notification procedures, then Mr. i Farley would also be notified. l April 1, 1991 letter to Mr. Thomas E. Murley, Director, Offic3 of Nuclear Reactor Regulation from Mr. R.P. Mcdonald, attachment 1 ,
1
- p. 12. (See Exhibit 2)
On August 30, 1994, however, Georgia Power Company's Executive Vice President, Mr. W. G. Hairston, III, advised NRC's 4
l i
l
p--
Office of Nuclear Reactor Regulation that GPC had, in fact, made a misstatement with respect to the procedures to be employed in the event of an emergency identified in the April 1, 1991 2.206 response:
The purpose of this letter is to correct a statement made to the NRC concerning the Vogtle Project Emergency Planning Procedures contained in an April 1, 1991 transmittal to your office. Specifically, on page 12 of attachment 1 of an April 1, 1991 letter to Mr.
Thomas E. Murley, Director, Office of Nuclear Reactor Regulation from Mr. R. P. Mcdonald, Executive Vice President - Nuclear Operations of Georgia Power Company concerning a 10 C.F.R. 2.206 petition filed by Messrs.
Hobby and Mosbaugh.
August 30, 1994 letter from Hairston to Russell, at p. 1 (Copy attached as " Exhibit 2")
This letter gives notice that when GPC responded to the S2.206 petition its statement regarding Vogtle Project emergency planning procedures was not accurate in that, as stated, the procedure required " senior corporate management, including both Mr. Dahlberg and Mr. Farley" to be notified "in the event of a significant event at Vogtle." Id.
dn September 2, 1994 Licensee's counsel advised NRC Staff's counsel that, as a result of the August 30, 1994 letter, statements made by Georgia Power's counsel in its March 30, 1994 letter (Exhibit 1) falsely set forth information pertaining to the procedures employed by the duty manager. September 2, 1994 letter from Lamberski to Barth (Copy attached as " Exhibit 3").
5
- 2. It is reasonable to reopen discovery limiting it to a precise issue.
- a. Reopening discovery in face of new evidence.
When new evidence comes to light well after the close of discovery, it is reasonable to reopen discovery. Vernon Village.
Inc. v. Gottier, 755 F.Supp. 1142, 1156 (D. Conn. 1990) The facts in Vernon Village are similar to the case at hand. In Vernon Village, the court allowed for the reopening of discovery concerning the limited issue of the precise level of contamination of the plaintiff's water at the time the lawsuit was filed. Id. This was allowed because the plaintiff became aware of a letter concerning this issue "well after the completion date for discovery." Id. The court allowed for the depositions of the persons who wrote and received the letter and for the production of documents related to the letter. Id.
Georgia Power's statements concerning the accuracy of its emergency procedures, made after the close of discovery, are new evidence of material misstatements that warrants discovery to be reopeded limited to this issue.
The record clearly indicates that Intervenor did not fail to pursue discovery on this issue in the face of a discovery cut-off and therefore he should not be prejudiced by the Georgia Power's twelfth hour recantation. Rosario v Livaditis, 963 F.2d 1013 (7th Cir. 1992) 6
pp-- i l
l l
l 1
l
- b. Factors relevant in determining whether to reopen discovery.
i The decision to reopen discovery is committed to the sound l 1
discretion of the court. Ponfqpel v. U.S., 138 F.R.D. 579, 585 (D.Kan. 1991) Among the factors the court should find relevant l in making the determination whether to reopen discovery are l l
\
whether trial is imminent; whether the request is l opposed; whether the nonmoving party would be ;
prejudiced; and whether the moving party was diligent ;
in obtaining discovery within the guidelines established by the court and the likelihood that the discovery will lead to relevant evidence.2 Id.
By expediting Georgia Power's responses to discovery, there should be ample time to complete discovery on this single issue before the hearing, scheduled to commence on December 19, 1994.'
GPC knew or should have known at the time the hearing was scheduled that this matter could become ripe for discovery and, as such, any minor delay in the schedule should have been foreseeable and anticipated.
This motion is sure to be opposed by GPC, however, GPC is already in total control of the documentation and facts and cannot be prejudiced by Intervenor's learning what it already knows. Conversely, it is GPC who has prejudiced Intervenor's 2
Another factor listed but which does not apply when dealing with the uncovering of new evidence is the foreseeability of the need for additional discovery in light of the time allowed for discovery by the district court. Ropfocel, 138 F.R.D. at 585.
The discovery call also be relevrt to the diesel generator issue as it could help establish Intervenor's contention that Licensee has engaged in a continuing pattern of providing NRC with misleading information.
7
F case by not revealing until five months after the close of discovery that documentation prepared by GPC and submitted to NRC under oath is false. As stated above, Intervenor was particularly diligent in obtaining discovery on this issue.
Finally, discovery on this issue has a high likelihood of leading to relevant evidence as to material misstatements by GPC.
- 3. Intervenor's presentation of his case will be harmed if discovery is not reopened.
Intervenor believes that Georgia Power's change in position regarding the accuracy of Vogtle Project procedures is an acknowledgment of a material misstatement, and that this misstatement is of direct significance to Intervenor's case alleging illegal license transfer and a continuing pattern of intentional misleading statements to NRC. It directly effects evidence which Intervenor developed during the course of discovery and which he intended to rely upon in building his case. Intervenor also advances that, without further inquiry, it is impossible to determine which statement is a misstated, (i.e.
the 53.206 response or Mr. Hairston's letter of August 30, 1994)
Because this new information was released months after the close of discovery, Intervenor has been deprived of conducting discovery. Intervenor's presentation of his case will suffer harm since the record on this cortion of the proceeding will not be adequate or complete.
8
IV. Relief For the foregoing reasons Intervenor requests this Honorable Board to reopen discovery on the illegal license transfer portion of this proceeding under the following conditions:
- 1. Discovery shall be limited to the issue of the material misstatement concerning the Vogtle Project Emergency Planning Procedures;
- 2. Georgia Power Company shall immediately produce in the office of it Washington, D.C.
counsel a copy of all relevant procedures from 1988 to present, as well as the " blue folder" and other documents concerning the issuance of the August 30, 1994 letter to the NRC; should identify the individuals who drafted the procedures and the August 30, 1994 letter to the NRC;
- 3. Within 5 days of receipt of the documents identified in (2) above, Intervenor shall 9
file one set of written discovery (document requests and interrogatories) and Licensee must responded to the requests within five r
(5) (courtesy copies of discovery requests and responses are to be filed by fax);
f
- 3. Within five (5) days of the close of written discovery, Georgia Power should produce, at the office of its Washington, D.C. counsel, f 9
Mr. McCoy, Mr. Hairston and any other persons involved with the implementation of Vogtle Project procedures for deposition identified by Intervenor. 1 1
1 Respectfully submitted, MA [') 2 d f/) b 3 MidhaeyD'/ Kohn Mary Jane / Wilmoth Kohn, Kohn and Colapinto, P.C.
517 Florida Ave., N.W.
Washington, D.C. 20001 (202) 234-4663 Attorneys for Intervenor
=============================_=======================
CERTIFICATE OF SERVICE I hereby certify tha- Intervenor's Motion Reopen Discovery was served via facsimile (or via first class mail, where indicated by an asterisk "*"), on October 24, 1994 upon the persons listed in the attached Service List.
f By: OA A _ /} dat) f _,12 %
Mary J W'ilid6th -'
Dated: October 24, 1994 C:\ FILES \301\BRIEF. DIS i
10
\0 II
% du DOOKETED /
co UNITED STATES OF AMERICA ; OCT 2 5199tt K '
g '
NGCLEAR REGULATORY COMMISSION g G 7 E ATOMIC SAFETY AND LICENSING BOARD SECY NRG q, S
) g y In the Matter of )
) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 31 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 2300 N Street, N.W.
Washington, D.C. 20037
+0f fice of the Secretary Attn: Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (,fMo h 4dE/ kX) e office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 301\ cert.lis i
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