ML20081L470

Gpc Response Opposing Intervenor Motion to Strike Gpc Motion for Summary Disposition & Alternative Relief.* Urges Board to Deny Intervenor Attempt to Short Circuit NRC Procedure. W/Certificate of Svc & Svc List

ML20081L470
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-#195-16514 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9503300217
Download: ML20081L470 (5)

Text

w March 16 L C  !

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina BoardOFFICE OF SECRE EARY DOCKElmG & 3ERVlCE BRANCH

)

In the Matter of ) Docket Hos. 50-424-OLA-3 i ) 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'S RESPONSE OPPOSING INTERVENOR'S NOTION TO STRIKE GEORGIA POWER COMPANY'S  ;

MOTION POR

SUMMARY

DISPOSITION AND ALTERNATIVE RELIEP On March 3, 1995, Georgia Power filed a Motion for Summary Disposition of Intervenor's Air Quality Statements Allegation

("GPC's Motion"). Intervenor Allen Mosbaugh on March 8 moved to strike GPC's Motion or, alternatively, for additional time to reply and a two-month delay in the evidentiary hearing. GPC opposes Intervenor's request.

Intervenor first argues that the Board should strike the GPC's Motion because there is no provision for such motion in the schedule adopted by the Board. It is correct that no explicit provision is made in the schedule for summary _ disposition motion.

It is also correct that there was set aside in the schedule three i

days for Intervenor to conduct depositions of NRC witnesses, and no such depositions or preparation for them, is occurring. It is j also correct that NRC rules provide that summary disposition I

9503300217 950316 gDR ADOCK 05000424 PDR _

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motions may be filed at any time (10 C.F.R. S 2.749(a)).F GPC's Motion does not ack the Board to dispense with the entire hear-ing; it is directed at one distinct issue -- air quality. GPC only decided to file it when the Staff made known its position on this issue.in its Modified Notice of Violation, dated February 13, 1995. And GPC knew nothing about counsel's surgery when the I

decision was made to file the Motion.

Intervenor then raises various arguments about the quality of GPC's Motion and timing of any required responses. First he argues that he needs to complete additional discovery on the Staff's Modified NOV before he can be obligated to respond. It appears the Staff's Modified NOV states on its face the bases for the Staff's position. Intervenor should not be allowed to parlay this into an extended discovery opportunity with an associated threat to the existing schedule.

Second, Intervenor contends that the OI Report has different findings on the subject of air quality and that therefore air quality is a genuine issue. In a very disparaging and shrill tone, Intervenor also attacks the substance and credibility of I GPC's Motion without providing supporting documentation. These are just the sort of " bare assertions or general denials"'which the Board has ruled are not sufficient to defeat a motion for summary disposition. Eta Egorola Power Company (Vogtle Electric Generating Plant, Units 1 and 2), LBP-94-37, 40 N.R.C. 288, 294 FI ntervenor's cite to 2.751a special prehearing conferences is u nonsensical.

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< a (1994) (quotina Engramento Municinal Utility District (Rancho ,

Seco Nuclear Generating Station), LBP-93-23, 38 N.R.C. 200, 239-40 (1993)).

We urge the Board to deny Intervenor's attempt to short

circuit NRC procedure and to order Intervenor to respond to GPC's Summary Disposition Motion in accordance with the rules. i Respectfully submitted med E. J6fnef" 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 Dated: March 16, 1995 l

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, .: a 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 Response Opposing Intervenor's Motion to Strike Georgia Power company's Motion for Summary Disposition and Alternative Relief, dated March 16, 1995 were served by express mail upon the persons listed on the attached service list this 16th day of March, 1995.

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-UNITED STATES OF AMERICA gfg NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC. SAFETY AND LICENSING BOARD SS mR 20 A9 :47 -

In the Matter of.

GEORGIA POWER. COMPANY,

• Docket Nos. 50-424-OLA-3 At A1 *. 50-425-OLA-3 0FFICE 0f SECRETARY

• DOCKETING & CERVICE >

• BRANCH (Vogtle 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 r Board 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, Environmental Protection Two White Flint North 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 '

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 ,

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