ML20081L411
| ML20081L411 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 03/16/1995 |
| From: | Joiner J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#195-16513 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9503300187 | |
| Download: ML20081L411 (13) | |
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2 65/3 DOCKETED 1Y95NRC I
March 16, UNITED STATES OF AMERICA 95 MAR 20 A9 :50 NUCLEAR REGULATORY COMMISSION
'C Before the Atomic Safety and Licensina Board e ;
BRANCH
)
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-OLA-3 GEORGIA POWER COMPANY'8 ANSWER OPPOSING NOTIONS BY MATIONAL WEISTLEBLOWER CENTER FOR LEAVE TO PARTICIPATE AND TO COMPEL FILING OF TRANSCRIBED DEPOSITIONS In related motions served on March 9, 1995, the National Whistleblower Center (NWC) through counsel (without an appearance notice) has requested leave to participate for the limited purpose of filing a motion to compel parties who request deposi-tion transcripts to file a copy of those transcripts with the Commission.
Georgia Power Company (GPC or Licensee) opposes both motions.
NWC cites no regulatory authority to support its extraordi-nary request to participate -- and with good reason.
NRC's rules for adjudicatory proceeding provide no grounds to allow periodic ad hoc entrants into NRC hearings.
Non-party participation is through limited appearance only.
See 10 C.F.R. S 2.715(c).
NWC's unique request represents a particularly unappealing occasion for special treatment beyond the rules.
The NWC motion states:
"The Center's interenst (sic) in this proceeding is
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i limited to furthering the public's ability to obtain access to information.
." and "The Center believes that the documents will contribute significantly to the public's understanding of the operations or activities of the government and that the disclosure of these documents is in the public interest."
The obvious intent is to portray an independent public-spirited entity out to accomplish a generic public good.
There is no hint of any connection to participants in this proceeding.
There is, however, a close link of which the Board should be aware.
The j
March 9, 1992 NWC Certificate of Incorporation (Attachment 1) lists three directors -- Messrs. Kohn, Kohn and Colapinto.
Engineering Times of November 1994 cites Stephen Kohn as Chairman of the National Whistleblower Center.
A press release in August 1994 by Florida Energy Consultants and its president, Thomas Saporito, a former client of Kohn, Kohn and Colapinto, cites a vested interest by Kohn, Kohn and Colapinto in NWC (Attachment 2).
Intervener has made persistent attempts to obtain i;ee copies of deposition transcripts in this proceeding.
GPC submits NWC's attempt to participate in this proceeding is only the latest such attempt, and that the "public" interested in these i
depositions is, in fact, Intervenor.
We oppose the request to participate.
)
Assuming arguendo the notice to participate were granted, 1
GPC opposes as well the motion to compel filing of transcribed depositions.
By pleading dated March 13, 1995, Allen Mosbaugh in :
E
remarkably similar arguments advanced the same position before the Board.
For the reasons stated in the Board's Memorandum and Order (Filing of Transcripts), dated March 14, where the Board pointed out that to follow Intervenor's suggestion would require interpreting words in S 2.740a(e) out of their regulatory con-text, we believe NWC's motion should fail.
NWC advances no new arguments beyond those previously considered by the Board.
Dated:
March 16, 1995 h
me5 E. DoiWer ohn Lamberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216 (404) 885-3360 Ernest L. Blake David R.
Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 (202) 663-8084 Counsel for Georgia Power Company 1. - -
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s:
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Board
)
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-OLA-3 CERTIFICATE OF SERVICE I hereby certify that copies of Georgia Power Company's Answer Opposing Motions by National Whistleblower Center for Leave to Participate and to Compel Filing of Transcribed Deposi-tions dated March 16, 1995, were served by express mail upon the persons listed on the attached service list this 16th day of March, 1995.
ssJ j
n Lamberski ~
l DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 at A1 50-425-OLA-3 OfflCE OF SECRE TARY 00CKETING & JiRVICE BRANCH
('<ogtle Electric Re: License Amendment 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. Nuclear Regulatory Suite 2900 Commission Atlanta, Georgia 30303 Two White Flint North
^
11545 Rockville Pike Office of the Secretary Rockville, MD 20852 U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.
C.
20555 James H. Carpenter ATTN:
Docketing and Ser-Atomic Safety and Licensing vices Branch 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 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 l
Rockville, MD 20852 Department of Natural Resources Michael D. Kohn, Esq.
205 Butler Street, S.E.
Kohn, Kohn & Colapinto, P.C.
Suite 1252 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 1
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8 ATTAC10ENT 1 6.
920831 GOVERNMENT OF THE DISTRICT OF COLUMBIA oepastus=1 ee sowevues 4.=> essaaveer arraise sus wess acostAry/4w Apuswistaariots
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THIS18 TO CERTUTssan aste atsse ntsinter i
how been Eed with and OF COLUMBIA HQNPROFIT RPO an edingly,uCERTFI of RPORATDI ishady i
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NATIONAL MESTLEBLOWER CENTER i
meetMARCH STR,1993.
AabreyE Edwards James E. Ear Adadalstrator Busmese Reguladen Aministration AM A
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rarsua=a DMaku Sharon Pratt KoRy Maw l
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NATIONAL IAGSTLE8WWER CDTEP t
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.nd 1.ter Bagulation administration, Corporatian,a,u.ir..
Division, 614 H street, s.w., washington, p.e.
30001 vs, the indersigned natural persons or the age of twenty-one years or more, esting as incorporators of a a,.yvietion under the NON FROFIT CORPORATION ACT 5), adopt the following(D.C. Code,1981 edition, Title 19, Chapter Articles of facorporation FInsT:
he nana of the corporation is NATI0tEL WHISTLEGIDVER CENTER (heroinetter referred to as 'the corporation").
sucman:
The period of deration is perpetuel.
l THIRD:
Se corporation is formed for excluelvoly non-profit purposess it shall De a corporation not authorised to issue stock or distribute dividends.
socRTat ne purposes and objects for tsdce the corporation is formed include the promotion of democratio government and advancing the rights of those dio make disclosures regarding eerparate or governaantal misconduct nestal protection or health and safety violations iron-env the i
corporation is dedicated to alerting saployees, organisa-tiene and the generet public abeet the existence of legal protections of say1oyee whistleblevers from the private and public sectors. es corporation will carry out the objects and purposes of the cor investigation and education. poration through research, The corporation le orgaalsed to receive and maintain a I
fund or funda of real or personalpro
, or both, and, subject to the restrict; lone and 11a tat ons hereinafter
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set forth, to use and apply the whole or any part of the I
incess therefree and the principal thereof emoinsively for obaritable, scientitle, literary or educational purposee either directly or by contributions to organisa-tices exempt tros tax under the Internal Revenue code, sa it may be amended from time to time and duly authorized to carry on charitable, scientific,, literary or educa-tional activities.
FIrrEs The corporation shall not have membere.
SIXTE:
In furtherance of its objects and purposes, but for no oth.r purposes, the oor. oration shall have the following
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poveres subjaot heWaver, to the 11mitatione contained la paragraph (g) of this Article s2xTH:
beques(t, devise, pt, acquire, receive, take and hold by a) To acce grant. gift, subscristian purchase I
eschenge, lease, traneter, judiclat order or, dooree, or, etheavise, for any of its objects and purposes, any i
i property, both reat and personal of whatever kind, asture, or description and wherever, situated.
i (b) To sail,==akange, oaevey, aertgage, lease, treaster, or otherwies dispose of, any such property, both usal and pereenal, ire, subject to suck as the objects and see of the corporation any requ ta tations as may me prescribed by ley.
j (c) To borrow money, and from time to time, to make, accept, onderse, emeoute, and issue bonde, debee-tures, promissory notes, bilis of amahange, and other t
obligations of the corporation for moneys borrowed or la i
payment for property soquired or for any of the other purposes of the oorporation and to secure the payment et any such obligations by mortgage, ploege, deed, inden=
i sure, agreement,. or other instrument of trust, or by other lien upon, aselgament of, or agreement in regard to eli or any pelt of the property, rights, or privilogos of the corporation wherever situated, whether now owned or hereafter to be acquired.
(d) To invest its funds la seah stock, acamen er preferred, bonde, debentures, mortgages, or la such other securities and preparty as its Board of Directors shalt 1
does advlaable, without limitaties to any list of legal 1
investmeste prescribed by any governmental er other authority.
(e) To have offices to promots and carry out its otdects and purposaa within and without ena District of Columbia and the states, territories and possessions of
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the United States, and la foreign countries.
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I (f) To do all and everything necessary, multable and proper for the sooosplishment of any of the purposes j
4 or the furtheresee or muy or the powers hereta set rowth, j
either along or in association with other corporations, tiras, or individuals and to do every other act, thing or i
thinge incidental or apportenant to or growing out of or connected with the aforesaid purposes or powers or any part or parta thereof, provided tne same be not inconsis-tent with the lave under which this corporation is i
organized, or the purposes of the corporation as stated herein.
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(g) The corporation may not esercise any power grantee to it either exprusly, by lay 11 cation, by operation et law, or otherwise which would staquelity it free exemption from income tar under those provisions of the Internal Ravenue code, as it any be amanded from time to time gious, c,haritablepertaining to the eresption of certain re11 profit organisatio,ns.ecleatific, educational,.etc. non-1.
se mart et the not earnings of this serporation shall Inere as tae benefit et any private in4Lvideal amoept se vossonable componestion for servio setan11y readared to the corporation. The corporation aball be entitled to make grants, scholaren2ps and foliovahips available to scholars, researchers, students, writars a entritaba,nd others scientific,but only in furtherance of itsliterary, or educational pu es.
3, 50 part of the corporation's assets shall be uset la attempting to influence legislation by
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or etaarvise.
ser shall the serporation parMisipate ia er inte vene in any manner, la any politloal on behalf of or la opposition to any canaidete for lie offios.
3.
Under no circumstances shall any contract i
entered into by this corporation permits (i) A loan of any part of its inoose or oorpus, without the roosipt of adequate soeurity i
and a reasonable rate of interest, ter (ii) Payment of any compensation, la excess of a reasonable allowanoe for salarios or other campensation for personal services actually rendared, 102 (iii evallable se a) preferential haals tesMaking any part of its services (iv making any substantial purchase of securities or) any other property, for mora than adequate consideration in seney or money's worta freap er (v) Participating in any other transac-tion wtLich results la a substantial diversion of its laceae or corpus tot a person who is an incorporater, or a. trustee, or who has made a substantial contribution to this corporation, a 3
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seaber of the family (as defined in the Internal Revenue code) of an individual who la one of the incorporators or trustese of this corporation. or she has made e etbetan-tial contribution to sudt oorporation, or a eMPeration cont:311ed by say sucen persons the eenership, directly er indirectly, of 59 or more of the total combined voting power att classes of steak i
entitled to vote or 50 persent or more of the totei value of shares of all classes of stock in auch corporation.
SEVE M I In the event of torsination and dissolutten of the oorporation for any reases, none of the assets of the oesveration shall be made available in any voy to any indlvidual er corporation, except to a corporation er other engamisation whida qualifice for tax esempties as a charitable scientific, literary er educational organisation u,nder the Internal movonue code, se at any me amended from time to time.
mis m :
me affairs of the on tion shall be managed by a Board of Directors.
ifications for assbership an the Board of Directors shall be as provided la the By-laws of the oorporation. Se sunber of Directors of the ce ties ter h first year of its existence shall be e.
The Beasd of Olrooters aball eenstitute the directore of the corporetten. The number of Dirooters any be changed in h manner prevised by the my-laws and may be la-creased or dooressed free time to time es provided thereia, but in 30 event shall the number of Dirooters be less than three. Each sesber of b Board of Directore shall be elected or appointed in the manner and for the term provided in the sy-laws.
NI M :
he address, including street and Intaber and sip C@de, of the saltial registered offiae is at 517 Florida Ave.,
N.W., Washington, D.C. 30401 and the nous of the initial registered agent at such address is David K. colapinte, who is a resident of the oistriot of columbia.
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TFJffEt he number of directors constituting the initial board of directors is three and the naams ans addresses, including street and rm'=har and sip code, of the persons who are to serve as the initial directars untti the first annual meeting er until their successors be elected and quali-fled aret nans ADDRE8SBS 1
Stephen M. Iohn 517 Florida Ave.. N.W.
washington, D.c. 20001 4
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Mic'nael D. Rohn 517 Florida Ave., N.W.
t weehington, D.c. accet David m. colapinto 517 norida Ave., N.W.
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Washington, p.c. 200c1 EIEVENTE: The private property of officers or seabers of the Board of Directors of the corporation shall not be euhject to payment of corporation dehte to any estent whatever.
i
'!waLF'!W The name and addroso., including streat number and eip onde, of each incorporatar ares l
unus Acassssas teslie W. Rose 517 Marida Ave., N.v'.
unanington, p.c. 3000L 1
Barbara J. Wien 517 Marida Ave., N.W.
Wadington, D.C. 30001 1
David I. Ce14 pinto S17 Florida Ave., N.W.
maa ;^i.e., D.C, 20001 r.
In wrrsuss muzanor we her.
and acknow2edoed these Articles ofIncorporstlosthis day of March, 15N.
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pereone y appeared beform se realfe n. anee, martars a. wien ama novia s. ceiapinta, who, balog first duty sworn, declared that they severally and individually signed the foregoing docnassat as incorporators, and that the statemente thereia contained are true.
t IN WITNES8 NtGlRB0F, I have hereunto set my hand and seal the day and car Written 11Ye a )
JrJ otary Publio
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!.i ATTACHMENT 2 L
News Release Eme.4nrnadiata Rainaaa infarrnanan Cantact
' Au0ust $ 1994 Florida Energy CeW*=*s Inc.
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Thomas J. Saportle, Jr. (407) 745-1146 (800) 3284222 WHISTLEBLOWERS BLOW THE WHISTLE ON THE NATIONAL WHISTLEBLOWER CENTER AND ESTABUSH A TOLL FREE TELEPHONE NUMBER TO ASSIST OTHERS IN NEED riorida snergy consultants, Inc. (sysca) President and CSO, Thomas J. saporito, Jr. has fired'the law firm of Xohn, Kahn and Colapinto PKKC')
from representing his legal internata in coveral whistleblower cases involving various utilittaa,
~
According to Saporito,
...It appears that KKC ' is a vested
.ith the National Whist 1sbiower center interest associated w
PMWc') and that the alwc only provides finanaial assistanos to those peopic represented by xKC...It appears to me that KKC's close association with the WWC presente ethical questions at the l
very least...
1,inda and Allan Mitch 11 (403), ass-3 sos have resigned as dircators of thm Phoentar, Arisoma office of the Insc for similar rec. cons of KKc's close relationship with the ante. Linda Mitchell otated to FRC that
...The IntC has never given our offiee any oupport what so ever. Nobody from washington, D.C.
bothered t o' ecane to our dedication ceremony and no financial support fog a telephone er bank asseunt has been Provided...
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1 Linda Mitchell told P3c that she is washing her hands of the l
i Inte and t.h. nuclear industry and intends to go back to school to becose a murse and directly help otiher people in need.
FEC's Presidsat had CBC anpounomd today that FSC will continue to assist, whistleblowers as the need arless.
saporito stated that.i,TEC is coessitted to helping others in the nuclear industry. Effective' on August.
9, 1994, FNC will activate a toll free telephone line for nuolear workers to use at no coss...
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FNC's toll free number is (400) 338 3333, According to FRC officials, nuclear workera can use.t.ha'to11 free number to report safety concerns regarding operations at nuclear facilities and they can also contact we for assistance if they suffer retaliation for.raiising safety cohoorns to the 3rRC or their management.. 8aporito stated that...FEC is 'here to assist those in need, at tho' very Isast, we will provide nuclear workers who suffer retallation for raising safety concerne their day in court...
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