ML20080E124
| ML20080E124 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 12/21/1994 |
| From: | Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#195-16128 OLA-3, NUDOCS 9501100178 | |
| Download: ML20080E124 (2) | |
Text
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December 21, 1994 i
Via Facsimile F
Charles Barth, Esq.
Office of the General Counsel One White Flint North r
stop 15B18 U.S. Nuclear Regulatory Commission washington, D.C.
20555 In the Matter of l
Georgia Power Company, et.al.
(Vogtle Electric Generating Plant, Units 1 and 2)
Dockets Nos. 50-424-oLA-3 & 50-425-oLA-3
SUBJECT:
NRC STAFF PERSONNEL AS WITNESSES
Dear Mr. Barth:
Thank you for your letter dated December 20, 1994.
Intervenor disagrees with the support and reasoning set forth in your letter.
With respect to Messrs. Ebneter and Brockman, their depositions were limited to " Phase II" and therefore Intervenor could not
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examine them on matters pertaining to " Phase I."
With respect to Phase I, you correctly observe that the hearing covers alleged nmisnions and misrepresentations" made to NRC.
a Intervenor cannot demonstrate omissions or misrepresentations without determining what was know to the NRC.
Because the NRC's regional office has the greatest contact with plant operations, Intervenor selected three Region II personnel, a resident inspector (Mr. Rogge)i the Vogtle project manager (Mr. Brockman), and the Regional Administrator (Mr. Ebneter).
Intervenor selected these.
three individuals because he believes they are representative of what NRC knew about who was in control and what was the reporting l
relationships over Georgia Power Company's nuclear plants.
PDR O
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- Ic:-21.-1994 12:so' p,g3 c
f Page 2-Kohn to Barth December 21, 1994 Intervenor specifically wishes to point out the Mr. Ebneter is on the service distribution.for FSAR amendments.
In sum, Mr. Ebneter is in the unique-position to testify as to what the NRC's regional administrator's understanding was during the relevant time period.
Mr. Brockman is in the unique position i
to testify as to what the NRC's Vogtle project manager's understanding was during the relevant time period.- This testimony represents facts solely within their personal knowledge-which i
Intervenor cannot derive from any other source.
This factual information represents the basic foundation from which Intervenor intends to demonstrate that the Licensee made omissions and misrepresentations.to NRC.
Intervenor, through counsel, respectfully requests that the Executive Director for Operations. reconsider his denial based on the above.
i Sincerely yours,
- l
/g Michael D.
Kohn i
Counsel to Intervenor
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