ML20080S972

Georgia Power Company Motion for Issuance of Subpoena.* Subpoena Is Appended for Signature & Deposition of B Hayes May Be Conducted.W/Certificate of Svc

ML20080S972
Person / Time
Site:	Vogtle
Issue date:	03/03/1995
From:	Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Atomic Safety and Licensing Board Panel
References
CON-#195-16446 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9503130116
Download: ML20080S972 (5)

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p khb5-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '95 MR -6 P3 :56 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 0FFICE OF SECRETARY GEORGIA POWER COMPANY, *-

Docket Nos. 50-424-OI9CG(ETING l EERVICE 31 gl.

• 50-425-OLA-3 BRANCH (Vogtle Electric

• Re: License Amendment Generating Plant, * (Transfer to S'outhern Units 1 and 2)

• Nuclear). l 1

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• ASLBP No. 93-671-01-OLA-3 k.

GEORGIA POWER COMPANY'S MOTION FOR ISSUANCE OF A SUBPOENA l l Pursuant to 10 C.F.R. S 2.720, Georgia Power Company moves the  ;

Licensing Board to issue a subpoena for the deposition . of Ben l

Hayes. A subpoena is appended for signature.

The Board has previously ruled that this deposition is essential and may be conducted. Memorandum and Order (Georgia 1

Power's Request to Depose Staff Witnesses), dated September 19, 1994,c at 4-5. When previously contacted by counsel for Georgia Power, Mr. Hayes requested a subpoena. Counsel for Georgia Power l

has asked Mr. Hayes to identify a date in the March 15-17, 1995 time period that would be convenient, and Mr. Hayes has identified March 17, 1995.

Respectfully submitted, TROUTM. S"iDER -

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hn Lambetsk C ounsel for Georgia Power Company l

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'l DOCKETED' 'i UNITED STATES OF AMERICA. ggggg ,j NUCLEAR REGULATORY COMMISSION -

BEFORE THE ATOMIC SAFETY AND LICENSING: BOARD i In'the Matter of' E -6 P3 :56.  :

GEORGIA ~ POWER. COMPANY, *

• Docket.Nos. 50-424-OW&FICE 50-425-OIA OF SECRETARY .

& d. , DOCKETING & SERVICE BRANCH ,

(Vogtle Electric

• Re: License: Amendment Generating Plant, *-

(Transfer to Southern -

Units 1 and-2)

• Nuclear) .j

• 'ASLBP No. 93-671-01-OLA-3 ,

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-l CERTIFICATE ' OF %RVICE j

- .. 't I hereby certify that L eopies of the within and foregoing; i

" Georgia Power Company's Motion for Issuance of Subpoena," dated. 'I March 3, 1995 were served upon the persons listed on.'the attached l service list by' expresc mail delivery, this 3rd day of March,1995'.

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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. 50-424-OLA-3 at al. *- 50-425-OLA-3 (Vogtle Electric

• Re: Licanse Amendment i Generating Plant, -* (Transfer to' Southern  :

, Units 1 and 2)

• Nuclear)

• ASLBP No.' 93-671-01-OLA-3 SERVICE LIST Administrative Judge Stewart D. Ebneter

• Peter B. Bloch, Chairman Regional Administrator Atomic Safety and Licensing USNRC, Region II Board 101-Marietta Street, NW U.S. Nuclemr Regulatory Suite 2900 t Commission Atlanta, Georgia 30303  !

Two White Flint North 11545 Rockville Pike Office'of the. Secretary Rockville, MD 20852 U.S. Nuclear Regulatory Commission i Administrative Judge Washington, D. C.-20555 James H. Carpenter .

ATTN: Docketing and Atomic Safety and Licensing Services Branch l Board i 933 Green Point Drive Charles Barth, Esq. '

Oyster Point Mitzi Young,-Esq.

Sunset Beach, NC 28468 Office of General Counsel One White Flint North l 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 Resources Michael D. Kohn, Esq. 205' Butler Street, S.E.

Kohn, Kohn & Colapinto, P.C. Suite-1252 I

517 Florida Avenue, N.W. Atlanta, Georgia 30334 Washington, D.C. 20001 Office of Commission Appellate Adjudication' One White Flint North .

11555 Rockville Pike Rockville, MD 20852 i

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i h UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.  !

ATOMIC SAFETY AND LICENSING 1 BOARD j Before Administrative Judges

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l Peter B. Bloch,. Chair  !

Dr. James H. Carpenter {

Thomas D.-Murphy  ;

In the Matter of I j m GEORGIA POWER COMPANY,

• Docket:Nos. 50-424-OLA-3 t 31 11 *

'50-425-OLA j (Vogtle Electric

• Re: License Amendment Generating Plant, (Transfa to Southern' Units 1 and 2)

• Nuclear) ,

• ASLBP No. 93-671-01-OLA-3 SUBP9INA ,

In accordance with section 161(c) of the Atomic Energy Act, 42 l

.U.S.C. S 2201(c), and 10 C.P.R. S 2.720,- Ben Hayes -is hereby v L ordered to attend and give testimony at deposition upon . oral . j examination by counsel for Georgia Power Company in the above

'l captioned proceeding. The deposition will be held on March 17,-

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1995, beginning at 9:00 a.m., at the offices of.Troutman Sanders, {

NationsBank Plaza, Suite 5200, 600 Peachtree Street, NE,' 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 transcrined. Ben i Hayes is further ordered to produce at the deposition all-notes,  !

memoranda, files, and other documents in his possession, ' custody or control relating to Mr. Allen Mosbaugh, allegations made - by i Mr. Mosbaugh and addressed in OI Report on Case No. 2-90-020R, or investigations of, inquiry into, or evaluation of such allegations. '

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1 i.[ ~On' motion made promptly, -and in any. event received on-or-I before . March -13, 1995, 'and on notice delivered to Georgia Power -

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-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 matter in _ issue,: o,r (2)

-condition denial of the motion on just and reasonable terms. A u

copy of an order relating to the scope of this proceeding is attached.

IT IS SO ORDERED.  ;

Peter B. Bloch, Chair ,

Dated at Rockville, Maryland, this day of- ,

1995.  ;

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H MAY 24 E :56 LBP-94-15 0FFit'. cr IISETW f n,. May 23, iss4 .

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p A t. I8 UNITED STATES OF AMERICA NUCLEAR REGUIATORY ~ COMMISSION ATOMIC SAFETY AND LICENSING BOARD '

Before Administrative Judges: [

Peter B. Bloch, Chair  ;

Dr. James H. Carpenter Thomas D. Murphy l g gy g

• 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 .

(Vogtle Electric Generating Nuclear)  !

Plant, Units 1 and 2)

ASLBP No.' 93 -671-01-OIA-3 l MEMORANDUM AND ORDER I (Scope of Proceeding)  !

Today we received by facsimile transmission a letter i

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  !

decided to deny Georgia Power's motion without waiting for

'i a response. Our ruling is relevant to depositions scheduled during the next two days and must, therefore, be made ,

promptly.

The Georgia Power motion is based on a ruling of the Board that predated the issuance to Georgia Power of a-  ;

Notice of Violation and Proposed I osition of Civil. f i

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Penalties 'on May 9c'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 i

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 completeneen 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 Croup, which was comprised of NRC Staff members selected for their expertise in evaluating these charges.3 We note that our earlier order,' 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 I

Docket No. 50-424, License No. NPF-68, EA 93-304.

2 i-The investigation was completed December 20, 1993,.and was released to the public simultaneously with issuance of the NOV. (Case No. 2-90-020R).

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

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

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'a Phase II proceeding. Without even considering whether the prior , limitations did or did not pertain to : the - matters -

raised by Georgia Power, we have determined that it is-necessary to include all the matters in the NOV in the scope .

1 of this proceeding. We are hearing an . allegation . that SONOPCC 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 L

extensive documentation that suggests that they have 'been carefully considered. Hence, the allegations of the NOV are relevant 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.

All the allegations in the NCV are relevant to this case. IT IS 50 CRDERED.5 FOR THE ATOMIC SAFETY AND LICENSING BOARD

- c SR Peter 8. Bloch Chair Bethesda, Maryland 5

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

depositions.

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