ML20080T022
| ML20080T022 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 03/06/1995 |
| From: | Doris Lewis GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#195-16461 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9503130133 | |
| Download: ML20080T022 (6) | |
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DOCKETED U$hrth 6,1995 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'95 tuR -8 aid :26 Before the Atomic Safety and Licensing Board 0FFICE UF SENIART 00CKETim a MCt BRMifM In the Matter of
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Docket Nos. 50-424-OLA-3
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50-425-OLA-3 GEORGIA POWER COMPANY,
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etal.
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Re: L: cense Amendment
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(Transfer to Southern Nuclear)
(Vogtle Electric Generating Plant,
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Units 1 and 2)
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ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANYS MOTION TO RECONVENE DEPOSITION OF ALLEN MOSBAUGH I.
Introdygtion Georgia Power Company (" Georgia Power") hereby moves for a limited reopening of dis-covery to pennit reconvening of the deposition of Mr. Allen Mosbaugh to address two documents that have recently been produced by the NRC Staff. These documents raise serious questions con-cerning Mr. Mosbaugh's credibility. Good cause exists for this additional discovery because the documents were not available prior to the close of discovery or the previous deposition of Mr.
Mosbaugh.'
The documents in question were among the so-called "88 inches" of 01 documents that the NRC Staff made available for inspection after December 16,1994. Ses letter from J. Hull to M. Kohn and J. Lamberski (December 16,1994). Georgia Power visited the NRC Region II of-fices and requested copies of certain files on December 27,1994. These files were provided to L
Mr. Mosbaugh was deposed by Georgia Power on the diesel generator issue on August 24,1994.
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_ documents in' question'was ascertained i
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- Because the documents raise serious questions concerning Mr. Mosbaugh's credibility, Georgia Power wishes to depose Mr. Mosbaugh without prior disclosure of the documents and -
R their import. Georgia Power believes that an element of surprise is necessary under these circum-stances in order to obtain as candid and unrehearsed responses as possible.~ A deposition is the E
best way to accomplish this objective, because it will allow Georgia Power the opportunity to question Intervenor on these important issues of credibility, while still affording Intervenor the op-portunity to consider the documents prior to, and in preparation for, hearing.
Because revealing the substance of the documents or Georgia Power's intended. questions.
1 would hamper or frustrate our ability to cross-examine Mr. Mosbaugh effectively and assess'Mr.
Mosbaugh's credibility, Georgia Power provides a more detailed discussion of the documents and i
their import in the attached memorandum submitted for the Board's in camera review E Georgia Power requests that the Board preserve the confidentiality of this memorandum until completion l of the requested deposition, or in the event this motion is denied, until after cross-examination of -
Mr. Mosbaugh at the hearing.
Georgia Power requests that it be permitted to depose Mr. Mosbaugh on March 15 or 16, the period set aside to complete depositions.E This would not result in any extension of the cur-rent schedule.
- This procedure is similar to that employed in Intervenor's Motion for Subpoena of James Joiner (Dec. 24, 1994). There, Intervenor submitted an in camera cross-examination plan as the basis for the subpoena.
E March 17 also had been set aside, but Mr. Ben Hayes is being deposed on that date.
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- For all of the reasons stated above and in the' attached memorandum, the Board should -
permit ' Georgia Power to reconvene the deposition of Mr. Mosbaugh to address the two docu-
' ments and their specific subject matter.
Respectfully submitted,'
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Ernest L. Blake, Jr.
David R. Lewis SHAW PITTMAN POTTS & TROWBRIDGE i
2300 N Street, N.W.
Washington, D.C. 20037 -
(202) 663-8000 James Joiner -
John Lamberski-r TROUTMAN SANDERS Suite 5200 600 Peachtree Street,' N.E.
~ Atlanta, Georgia 30308-2216 i
(404) 885-3360 Dated: March 6,1995 f
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- UNITED STATES OF AMERICA
I NUCLEAR REGULATORY COMMISSION 36 NAR -8 A10126.'
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t Before the Atomic Safety'and Licensing BoarSFFICE OF SECRE TARY
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tJ0CHE TING ASERVIC~
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'In the Matter of '
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50-425-OLA._.
L) tGEORGIA POWER COMPANY,
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Re:--License Amendment -
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- (Transfer to Southern Nuclear)-
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'(Vogtle Electric Generating Plant,
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Units 1 and 2)
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ASLBP No. 93-671-01-OLA-3 1
CERTIFICATE OF SERVICE
- I hereby certify that copies of" Georgia Power Company's Motion to Reconvene i
j Deposition of Allen Mosbaugh," dated March 6,1995, were served upon the persons listed on the -
attached service list by. deposit in the U.S. Mail, first class, postage prepaid,'or where indicated
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F by an asterisk by hand delivery, this 6th day of Man.h,1995. I further certify that copies of i
= " Georgia Power Company's In Camera Memorandum In Support of Motion to Reconvene j
T Deposition of Allen Mosbaugh," dated March 6,1995, were served upon the Atomic Safety and Licensing Board by hand delivery, and sealed copies thereof were served upon NRC Office of the Secretary, Docketing and Service Branch, by deposit in the U.S. Mail, this same date.
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David R. Lewis a
Counsel for Georgia Power Company i
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' l UNITED STATES OF AMERICA" NUCLEAR REGULATORY COMMISSION; s
Before the Atomic Safety and Licensing Board.
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- Iri the Matter of,
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- Docket Nos. 50-424-OLA-3
' 50-425-OLA.
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GEORGIA POWER COMPANY,
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Re: License Amendment-L-).
. (Transfer to Southem Nuclear)
(Vogtle Electric Generating Plant,
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4 Units 1 and 2)
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ASLBP No. 93-671-01-OLA-3 ~
l SERVICE LIST
' Administrative Judge _
Director.
- Peter B. Bloch, Chairman Environmental Protection Division j
. Atomic Safety and Licensing Board -
Department ofNatural Resources 1
- U.S. Nuclear Regulatory Commissioh 205 Butler Street, S.E., Suite 1252 -
.. Washington, D.C. 20555 -
' Atlanta, Georgia 30334?
o Adndnistrative Judge Stewart D. Ebneter:
' James H. Carpenter '
Regional Administrator, Region II y'
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission; 933 Green Point Drive 101 Marietta Street, N.W.' ' Suite 2900 -
Oyster Point Atlanta, Georgia 30303
- Sunset Beach,'N.C. 28468 Administrative Judge Office of the Secretary
- Thomas D. Murphy Att'n: Docketing and Service Branch
~ Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission -
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 i
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- Michael D. Kohn, Esq.
Office of Commission Appellate Adjudication -
' Kohn, Kohn & Colapinto U.S. Nuclear Regulatory Commission'-
517 Florida Avenue, N.W.
Washington, D.C. 20555 Washington, D.C. 20001 l
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' : ' Charles Barth, Esq.
U.S. Nuclear Regulatory Commission
'Mitsii Young, Esq.-
Carolyn F. Evans, Esq.
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- John T. Hull, Esq.-
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101 Marietta Street, N.W., Suite 2900 '
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. Orlice of the General Counsel
-Atlanta, Georgia--30323-0199-One White Flint North Stop 15B18 :
' U.S. Nuclear. Regulatory Commission q
' Washington, D.C. 20555
' Adjudicatory File Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission -
j Washington, D.C. 20555
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