ML20081L374

Intervenor Notice of Deposition of Jl Milhoan & NRC Representatives.* Requests That Listed Individuals Be Made Available for Disposition by Oral Exam.W/Certificate of Svc. Related Correspondence

ML20081L374
Person / Time
Site:	Vogtle
Issue date:	03/22/1995
From:	Kohn M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:
References
CON-#195-16531 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9503300171
Download: ML20081L374 (6)

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REtMED CORRESPONDENCE Magg,hy2@, 1995 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '95 MAR 24 All :39 ATOMIC SAFETY AND LICENSING BOARD

) 0FFiCE OF SECRETARY' In the Matter of ) DCCMEI!G < E, EME

) Docket Nos. 50-42410LAU S GEORGIA POWER COMPANY ) 50-425-OLA-3 gt alm, ) ,

) 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 NOTICE OF DEPOSITION OF JAMES L. MILHOAN AND NRC REPRESENTATIVES Intervenor, pursuant to ib C.F.R. S2.720 (h) (2) (1) , hereby '

request that the Executive Director of Operations of the NRC make available for depositions by oral examination James L. Milhoan, ,

Deputy Executive Director for Nuclear Reactor Regulation,  ;

Regional Operations and Research and all NRC Representatives directly involved in the making the findings and decisions found in the Modified and the decision to correct Violation-C.3 of the Modified NOV, commencing on April 24, 1995 at 10:00 am and continuing every working day thereafter until the deposition of each person is completed. These depositions are to be conducted at the officas of Kohn, Kohn and Colapinto, P.C., 517 Florida Ave., N.W., Washington, D.C.

The NRC Representatives whom Intervenor requests to be made i

available for deposition are listed below along with statements ,

as to the relevance to this proceeding the information held by ,

I them and upon which Intervenor will inquire:

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I 9503300171 950322 PDR 0 h l ADOCK 05000424 1 C PDR '

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1)- James.L. Milhoan. As.the Deputy Executive Director for Nuclear Reactor Regulation, he h*s a direct personal knowledge of the findings and decisions-found in the Modified NOV and the correction at issue. He is the signor of both the Modified NOV of February 13, 1995 and the March 13, 1995 letter to C. K.

McCoy, which corrects the Violation C.3 of the Modified NOV.

These documents and.with particularity the correction are highly relevant to this proceeding.

2) The NRC representatives whom were~directly involved in making the findings and decisions in the Modified NOV and the determination to correct Viola { ion C.3 as stated in the letter of March 13, 1995 from James L. Milhoan to C. K. McCoy (This definition includes all necessary NRC Staff representative (s) who have the ability and knowledge to answer questions from direct personal knowledge regarding every fact, finding, and conclusion reached in the Modified NOV and the decision to correct Violation C.3).1 Intervenor asserts that deposing these individuals is necessary because they possess and have had access to the following information on matters relevant to this proceeding 2

Intervenor requests NRC Staff to identify the individuals covered under this paragraph. Intervenor only seeks to request as few individuals as possible and does not believe that all of the individuals covered by this paragraph would be deposed. To avoid further intervention by the Board, Intervenor requests that NRC Staff provide him with a list of persons covered under this paragraph. Intervenor's council will attempt to reach agreement with NRC Staff counsel to avoid duplication to the fullest extent possible.

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which isEnot available from any other party or persons outside of NRC' Staff: '-

6 a) . The factual ~ basis ~and reasoning employed to reach the findings in the Modified NOV and the decision to correct Violation Cl3 of the Modified NOV;- '

b) Deposing the persons identified will allow Intervenor i to assess the viability and validity.of the Modified NOV and its correction; The witnesses identified in this section are requested.to bring with them all materials in his/her immediate control or possession (orintheimmediatpcontrolorpossessionofthe agency) which concern or relate to the following:

, a) All documents concerning the February 13, 1995 Modified NOV; i b) All documents concerning the March 13, 1995 letter issued by the NRC;-

c) All " documents" including any written, recorded or graphic matter, however produced or reproduced, of  :

every kind and regardless of where located, '

including but not limited to any summary, schedule, memorandum, note, statement, letter, telegram, interoffice communication, report, l diary, desk or pocket calendar or notebook, i daybook, appointment book, pamphlet, periodical, work sheet, cost sheet, list, graph, chart, index, tape, record, partial or complete report of telephone or oral conversation, compilation, tape recordings made by Intervenor, tabulation, study, analysis, transcripts, minutes, and all other memorials of any conversations, meetings, and I conferences by telephone or otherwise, and any i other writing or recording which is in the l possession, custody or control of the any and/or j all NRC representatives identified above or any i employees, representatives, attorneys, investigators, or others acting on behalf of the agency in regard to the Modified NOV and the correction to Violation C.3 of the Modified NOV.

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The scope.of documents t'o be brought-by these witnesses are

.to include all documents related'to the issuance of the Modified NOV and the correction of Violation C.3 of the Modified NOV; review of correspondence between' Georgia Power Company, its employees or agents and the NRC, concerning the NOV and-DFI's from May 9, 1994 to March- 13, 1995, including GPC's inquiries '

regarding the possibility of a mistake in Violation-C.3; and documents received _from GPC concerning the alleged mistake in Violation C.3.

The depositions identified above shall continue until the witness has fully testified to g all matters pertaining the issues l

for which the witness was called to testify; with respect to the l documents produced by the witness; and with respect to all ,

matters generally discoverable as background material and relevant to Modified NOV issued February 13, 1995 and the correction of Violation C.3 of the Modified NOV issued March.13, 1995. ,

l Respectfully submitted,

/p - l Michfel D. Kohn l Mary Jane Wilmoth l Kohn, Kohn & Colapinto, P.C. l 517 Florida Ave., N.W.  :

Washington, D.C. 20001  ;

(202) 234-4663 l l

C:\ FILES \301\NRCNOTIC l

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DOCXETED M25SSC22, 1995-UNITED STATES OF AMERICA- .

NUCLEAR REGULATORY COMMISSION E E M' $l 09 ATOMIC SAFETY AND LICENSING BOARD

. 0FFH:E - '~ W if.9Y

) DOCXE hhs ; ~.% ICE In the Matter of ) y j;::;

)' Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 ,

at AL., )

) Re: License Amendment '

(Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant,-Unit 1 and Unit 2) )

-) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that:

1) INTERVENOR'S MOTION TO COMPLETE DISCOVERY AGAISNT NRC STAFF;

2) INTERVENOR'S NOTICE OF DEPOSITION OF JAMES L. MILHOAN i AND NRC REPRESENTATIVES; and

3) INTERVENOR'S NOTICE OF DEPOSITION OF ROY P. ZIMMERMAN AND LUIS A. REYES was served via hand-delivery on March 23, 1995 upon the persons listed in the attached. Service List. i By: ' /fA /// /

M -

ne Wilmoth C:\ FILES \301\NRCNOTIC.CRT l

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..,_yt..a. ,j n: w l E E . ,. . . l UNITED STATES OF AMERICA  :

NUCLEAR REGUIITORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '

) I In the Matter of- )

) Docket Nos. 50-424-OLA-3 j 50-425-OLA-3  ;

GEORGIA POWER COMPANY )

31AL, ) . ..

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

) ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge Administrative Judgedi(&CKn i Peter B. Bloch, Chair- James H. Carpenter h^'d )

Atomic Safety and Licensing Bqprd 933 Green Point Drive U.S. Nuclear Regulatory Commisbion 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. i U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Ernest L. Blake, Jr.

Office of the Secretary David R. Lewis +

Attn: Docketing and Service SHAW, PITTMAN, POTTS & .f '

U.S. Nuclear Regulatory Commission TROWBRIDGE 20555 Washington,.D.C. 2300 N Street, N.W.

Washington, D.C. 20037 >

office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555 t

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C:\ FILES \301\ CERT.Ll3 i

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