ML20080C989

Intervenor Request to NRC Executive Director for Operations to Allow Testimony from NRC Personnel or in Alternative Motion to Licensing Board for Issuance of Subpoena.* W/Certificate of Svc,Svc List & Subpoena

ML20080C989
Person / Time
Site:	Vogtle
Issue date:	12/15/1994
From:	Wilmoth M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#494-16113 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9412220136
Download: ML20080C989 (12)

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'DOCKETEb, December 11dj$TS94

' UNITED STATES OF AMERICA '94 ' .DCC 19 ' P 3 :29 NUCLEAR REGULATORY COMMISSION ATOMIC ~ SAFETY AND LICENSING BOARD OFFICE 0r $ECRE TARY

) 00CKETINC UfslCE

'In the Matter.of )

OHAHCH

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 E.1 al , )

) Re:. License Amendment'

, (Vogtle Electric Generating ) (transfer to Southern Nuclear) f ;' Plant, Unit 1 and Unit 2) )

g ) ASLBP No. 93-671-01-OLA-3 s

INTERVENOR'S REQUEST TO NRC'S EXECUTIVE DIRECTOR FOR OPERATIONS TO ALLOW TESTINONY FRON NRC PERSONNEL OR IN TNE ALTERNATIVE NOTION TO THE LICENSING BOARD FOR ISSUANCE OF SUBPOENA Intervenor, Allen L. Mosbaugh, hereby requests that.the NRC's Executive Director-for Operations grant his request to allow Mr. Stewart Ebneter, Ken Brockman and John Rogge to appear and testify during the Phase I hearing commencing in the above-referenced proceeding on January 4, 1995. Should this request be denied, Intervenor, pursuant to 10 C.F.R. S2.720 (h) (2) (1) , moves  ;

the Licensing Board to issue a subpoenas for Stewart Ebneter, Ken Brockman, and John Rogge to appear and testify during the Phase I license transfer hearing, scheduled to commence on January 4, 1995. Subpoenas are appended for signature.

BACKGROUND On April 22, 1994 Staff identified to the parties the NRC witnesses that would be made available to testify at the hearing on illegal license. These witnesses are Daryl S. Hood and Frederick R. Allenspan. The Board indicated during a status conference held December 14, 1994 that, should Intervenor request 9412220136 941215 "

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the-Executive. Director for.' Operations ~to allow Messrs. Ebneter,-

.Brockman and Rogge tx) testify, then Intervenor,should file' a motion for subpoenalat the same time he made his request to the

-Executive Director due.to, time restraints. The Board further stated that.the Staff was to inform the Board'whether the request J

is tas be granted during 'the conference call scheduled for

' December 19, 1994"at 2:00 p.m.

ARGUMENT i

Intervenor contends that exceptional circumstances exists .

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which warrants the testimony of witnesses other than those made available by Staff. The witnesses for which Intervenor believes exceptional circumstances exists, in that they possess direct personal knowledge of material facts not known to the witnesses made available by the Executive Director for Operations, are-current'or former NRC Region II personnel consisting of Ken Brockman, Stewart Ebneter and John Rogge.

Testimony from Mr. Brockman and Mr. Ebneter is not only  :

relevant it is essential to create an adequate record, in that j they have direct personal knowledge of material facts regarding i the issues involved in this case. Mr. Brockman, at the time

. relevant to this proceeding, was the Section Chief, Vogtle i

Project, Division of Reactor Projects for Region II. Mr. Ebneter l

is the Regional Administer for Region II and the person to whom Mr. Brockman reported while he was Section Chief. Their I

positions enabled them to have direct personal observations of Plant Vogtle management and operations, durina the relevant time )

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Un oeriod,-which the1 witnesses otherwise offered by NRC StaffEdo not L

possess'. Testimony concerning the observations and-knowledge'of these individuals is essential to the issues' set forth in

<Intervenor's Prehearing Statement of Issues, filed with:the Board on December ~12, 1994.

It addition to'the reasons ~ set.forth above, Mr. Rogge's

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, testimony is essential.to' create an. adequate 1 record, in that~he f

has direct; personal knowledge regarding the issues involved in- >ju this case. As the former Senior Resident Inspector, plant.

'Vogtle, Mr. Rogge has direct personal knowledge regarding meetings and inspections held with GPC and SCS personnel.

Intervenor intends to elicit testimony from Mr. Rogge regarding his direct personal knowledge of the statements made during these meetings and inspections. Examples of such are follow below.

Intervenor asserts that Mr. Rogge has direct personal-knowledge regarding an announced inspection of GPC's Birmingham, Alabama corporate offices. It was during this inspection, conducted December 19-21, 1988 that-statements were made which caused NRC to have a false impression of the actual functioning of the SONOPCO Project and was thereby mislead concerning Mr.

Farley's role. Egg Intervenor's Prehearing Statement of Issues at pp. 34-38 (Issue 15). Mr. Rogge also has direct personal knowledge regarding a July 25, 1989. meeting wich GPC and SCSI personnel in which a presentation was given showing an overview of the then-current organizational status, including corporate structure, and responsibilities and interface with the plants.

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'Atlthis meeting GPC misled.the NRC byffailing,to state Mr.

lFarley's involvement in management responsibility.over-plant Vogtle. Egg Intervenor's-Prehearing Statement ofcIssues-at pp.'

38-39 (Issue 16). ,

'Furthermore, in a April 27, 1989. memo, Mr. Marvin Hobby  :

states:

.oglethorpe is very concerned about this (reporting '

relationship] issue and feel NRC is' concerned. A ,

Region II NRC employee. suggested to Oglethorpe that NRC was so concerned thatLthey might seek to put a resident

-inspector in Birminghae to see what was going on. l Hobby memo' at p. 7- (Stip. Ex. 34). Mr. Hobby and Mr. Dan Smith

.i (of oglethorpe) have identified Mr. Rogge as the individual who ,

made the statement in'icated.above.

d The-NRC witnesses' identified above possess direct personal ,

knowledge of material facts, which the' witnesses identified by i

the Staff do not. Exceptional-circumstancesfexists thereby. -i making the appearance and testimony of these witnesses essential to create an adequate record:concerning-the issues set for ,

hearing commencing on January 4, 1995, e REOUESTED RELIEF For the above stated reasons, Intervenor requests'the j i

Executive Director for Operations to allow the above-identified.  ;

individuals to testify at the above-captioned proceedings at the  !

date and time indicated in the attached subpoenas. Should this request be denied, Intervenor requests this Honorable Board grant

• Intervenor's Motion For Issuance of Subpoena.

(Signature on next page]

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b, , ' Respectfully submitted, , .

a .j/}( Q d2u b hld b -

Michael D. .Kohn Mary Kohn, Jane Wilmoth.into,,P.C.

Kohn..-&-Colap 517 FloridalAve., N.W.

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Washington,~D.C. 20001 '

.(202);234-4663-

.................................................................: ~

o CERTIFICATM OF SERVICE .

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I hereby certify that INTERVENOR'S REQUEST.TO NRC'S EXECUTIVE-DIRECTOR FOR OPERATIONS TO ALLOW TESTIMONY FROM NRC- r PERSONNEL OR IN THE ALTERNATIVE MOTION TO THE LICENSING BOARD FOR-  ;

ISSUANCE OF SUBPOENA has been served via first class mail,.'this December 15,~1994, upon the persons listed.in the attached' Service List. In addition curtesy copies were'sent by facsimile to the persons indicated by "*".

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i By: dtut bi?f[Uc!4% .

Mary JaqejWilmoth .

KOHN, KQHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663

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'i UNITED STATES OF AMERICA- .

NUCLEAR REGULATORY' COMMISSION.

ATOMIC SAFETY AND LICENSING' BOARD

)

In the Matter of . .) .

') Docket Nos.150-424-OLA-3: '

LGEORGIA POWER COMP ) 50-425-OLA-3

'T . g 4,' ' p.c

) .

)' Re: License Amendment-l (Vogtle Electric .'Gerierating ) (transfer. to Southern Nuclear) n Plant, Unit 1 andl Unit'2)1 )

L ) 'ASLBP No. 93-671-01-OLA-3 SERVICE LIST

• Administrative Judge Administrative Judge Peter B. Bloch, Chair' .

James.H. Carpenter. 'l Atomic. Safety and Licensing Board 933 Green Point. Drive U.S. Nuclear Regulatory Commission- Oyster Point Washington, D.C. 20555 Sunset' Beach,.C N 28468 l

• 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 j Washington, D.C. 20555 '

John Lamberski, Esq.

• Ernest L. Blake, Jr. e 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.

Office of the Secretary  !

Attn: Docketing and Service ,

U.S' Nuclear Regulatory Commission

. I Washington, D.C. 20555 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 l l

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F t December'15, 1994 UNITED STATES OF. AMERICA' NUCLEAR. REGULATORY COMMISSION

. ATOMIC. SAFETY AND LICENSING BOARD- ,

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)

JIn the Matter of ) .

). Docket Nos. 501424-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

• SUBPOENA -

l- In accordance with section'161(c) of the Atomic Energy Act, 42 U.S.C. S 2201 (c) and 10 C.F.R. 52.720, John Rogge;is hereby-l ordered to appear at a hearing'before the Atomic Safety and Licensing Board to give testimony concerning the illegal license transfer issues in the above captioned proceeding. The hearing will be held January 4-13. You are to appear in Atlanta,-

Georgia, at a place to be announced by this Board, on January 12 and 13, 1994, at 9:00 a.m.

On motion made.promptly, and in any event received'on or before' January 12, 1994, and on notice delivered to Intervenor's' counsel on or before that date, this Atomic Safety and Licensing Board (or if the Licensing Board is unavailable, the Commission) 1 may (1) quash or modify the subpoena if it is unreasonable or 1

requires evidence not relevant to any matter or issue, or (2) I condition denial of the motion on just and reasonable terms.

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s a L IT IS SO ORDERED.

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

1994, i

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December 15, 1994 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 al al , )  ;

) Re: License Amendment l (Vogtle Electric Generating ) (transfer to Southern Nuclear) l Plant, Unit 1 and Unit 2) ) I

) ASLBP No. 93-671-01-OLA-3 l

EUBPOENA In accordance with section 161(c) of the Atomic Energy Act, ,

l 42 U.S.C. S2201(c) and 10 C.F.R. S2.720, Stewart Ebneter is l hereby ordered to appear at a hearing before the Atomic Safety and Licensing Board to give testimony concerning the illegal license transfer issues in the above captioned proceeding. The hearing will be held January 4-13. You are to appear in Atlanta, Georgia, at a place to be announced by this Board, on January 12 and 13, 1994, at 9:00 a.m.

On motion made promptly, and in any event received on or before January 12, 1994, and on notice delivered to Intervenor's counsel 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 matter or issue, or (2) condition denial of the motion on just and reasonable terms.

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i IT IS SO ORDERED. j 1

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Peter B. Bloch, Chair l

! Dated at Rockville, Maryland

(. .-. this day of , 1994.

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? u December: 15,~1994 t .,

' UNITED STATES ~OF AMERICA.

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of' . .

. ) Docket Nos. 50-424-OLA-3

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GEORGIA POWER COMPANY. ) 50-425-OLA-3 g1 ab, )

) Re: License Amendment (Vogtle Electric Generating

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) (transfer to' Southern Nuclear)

Plant',-Unit 1 and Unit 2), )

F ) ASLBP No. 93-671-01-OLA-3 SUBPOENA In accordance with section 161(c) of'the Atomic Energy Act,;

42 U.S.C. 52201 (c) and 10 C.F.R. S2.720, Ken Brockman islhereby ordered to appear at a hearing before.the Atomic' Safety and-Licensing Board to give testimony concerning the illegal : license transfer issues in the above captioned proceeding. :The hearing.

'will be held January 4-13. You are'to appear in Atlanta, Georgia, at a place to:be announced by.this Board, on January 12 and 13, 1994, at 9:00 a.m.

On motion made promptly, and in any event received.on or before January 12, 1994, and on notice delivered to Intervenor's counsel 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 matter or issue, or (2) condition denial of the motion on just and reasonable terms.

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IT IS SO ORDERED.

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

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