ML20081L437
| ML20081L437 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 03/14/1995 |
| From: | Joiner J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA |
| To: | Wilmoth M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| References | |
| CON-#195-16499 OLA-3, NUDOCS 9503300201 | |
| Download: ML20081L437 (2) | |
Text
..
[jG997 MtATED CORRESPONDENCE v
TROUTMANSANDERS nne m en
^ L L?i,",f f.7,.S.....^..T...h.^ "',
USf!RC~
NATIONSBANK PLA2A 600 PEACHTREE STREET. N E. - SUITE S200 Mk lh kl} l28 ATLANTA. GEORGIA 3030s 2218 TELEPHONE: 404 885 3000 FACSinAILE. 404 885 3900 mts c.oNER. PC.
OFF E E s R E g gsesass DOCKIMC a SERVICF~
March 14,1995 fiRAlicH Mary Jane Wilmoth, Esquire Kohn, Kohn & Colapinto, P.C.
517 Florida Avenue, N.W.
Washington, D.C. 20001 s
Re:
Georgia Power Company (Vogtle Electric Generating Plant, Units 1 and 2).NRC Docket Nos. 50-424-OLA-3,50-425-OLA-3; License Amendment for Transfer to Southern Nuclear Operating Company
Dear Ms. Wilmoth:
Georgia Power Company (" Georgia Power") hereby responds to Intervenor's Document Request to Georgia Power Company, dated February 28,1995 (the " Document Request").
Georgia Power objects to the Document Request in its entirety on the ground that it is untimely.
As you must know, the parties agreed, and the Board approved, a discovery schedule for the diesel generator statements portion of this proceeding calling for discovery requests to be i
submitted such that responses would be due on or before August 1,1994. Tr. 402-06. The discovery period was subsequently extended to August 8,1994, by the Board's June 30,1994 Memorandum and Order (Request for Extension of Time). Intervenor's Document Request exceeds the time set for discovery.
+
Discovery cannot be reopened at thisjuncture of the proceeding absent an order from the Board based on a clear demonstration of good cause. Georgia Power does not believe this Document Request can bejustified at this juncture, especially given its broad scope, the lateness 1
of the request ' and prior opportunities Intervenor has had to gather any relevant, non-privileged
~I information on these topics.
Georgia Power further notes that Intervenor's Document Request, in several areas, duplicates prior discovery requests. Sg, sig,, Intervenor's Third Set of Interrogatories and l' The requested discovery could also impact the hearing, scheduled to begin on April 18.
Intervenor filed this Document Request on February 28. NRC rules provide 30 days for a response to a request for documents. Given Georgia Power's objections, additional time will likely be necessary for a motion to compel, a response and a Board ruling.
9503300201 950314 7
PDR ADOCK 05000424
$02 Q
PDR 3
TROUTMAN SANDERS
.-s.w mu.
- xa Ms. Wilmoth March 14,1995 Page Request for Documents to Georgia Power (May 17,1994); Intervenor's Fourth Interrogatory and Document Request to Georgia Power Company (June 29,1994). The Discovery Request also seeks documents clearly protected by the attorney-client and work product privileges as well as documents reflecting confidential and privileged settlement negotiations. Finally, the discovery requests sent by Intervenor to the individual employees 1', who were recipients of Demands for Information associated with the NRC's diesel generator statements enforcement action, are obviously an inappropriate means for conducting discovery. In light of the foregoing, neither Georgia Power nor the individuals expect to respond further.
Very truly yours, James E. Joiner cc:
Service List l
i 2/
Intervenor's Document Request to George Bockhold, Jr., dated February 28, 1995; Intervenor's Document Request to Georgie R. Frederick, dated February 28,1995; Intervenor's Document Request to Thomas V. Greene, dated February 28, 1995; Intervenor's Document Request to Michael W. Horton, dated February 28,1995; Intervenor's Document Request to Harry Majors, dated February 28,1995; and Intervenor's Document Request to C. K. McCoy, 1
dated February 28,1995.
.