ML20081M652

Motion to Defer Prefiled Testimony on Air Quality.* Board Should Set 1-wk Following Ruling on Summary Disposition as Due Date for Prefiled Written Testimony,Identification of Exhibits & Subpoena Requests.W/Certificate of Svc

ML20081M652
Person / Time
Site:	Vogtle
Issue date:	03/30/1995
From:	Joiner J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Atomic Safety and Licensing Board Panel
References
CON-#295-16556 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9504030029
Download: ML20081M652 (4)

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USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '95 MR 31 A11 :53 Before the Atomiq Safety and Licensinn-Board ggp((jgy '

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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) l Plant, Units 1 and 2) )

) ASLBP No. 93-671-01-OLA-3 MOTION TO DEFER PREFILED TESTIMONY ON AIR OUALITY On March 3, 1995, Georgia Power Company filed a Motion for Summary Disposition of Intervenor's Air Quality Statements Allegation. Intervenor on March 8 moved to strike the Summary Disposition Motion and Georgia Power and the NRC Staff subsequently opposed Intervenor's Motion. In its Memorandum and Order (Motion to Strike Motion for Summary Disposition) of March 27, 1995, the Board denied Intervenor's Motion to Strike, but deferred responses to GPC's Summary Disposition Motion, for f Intervenor until April 11, and for NRC Staff until April 27. The Board's ruling on this Summary Disposition Motion presumably then would be issued thereafter in early May 1995.

Prepared written testimony, identification of exhibits, and i subpoenas for adverse witnesses on all subjects are presently due on April 3. Given the schedule for response to GPC's Summary 9504030029 950330 0 PDR ADOCK 05000424 o eDR .  :

Disposition Motion and the fact that there will be no Board ruling on these issues until early May, GPC suggests that the Board set one week following its ruling on summary disposition as the due date for prefiled written testimony, identification of exhibits and subpoena requests on the subject of air quality.

Not until the parties have the Board's ruling will we know whether there is any need for evidence on this topio and, if so, what issues remain.

GPC, above all else, does not wish to upset or delay the schedule in this case. With the current split hearing schedule and the second session due to begin on May 17, it is not believed that this change will impact the overall schedule, yet it will allow the parties to take into account in their filed testimony and preparation for hearing the Board's ruling on this issue.

Respectfully submitted, ames E. Joiner John 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 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC Before the Atomic Safety and Licensina Board 95 MR 31 M1 :53.

In the Matter of Docket Nos. 24 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 Motion to Defer Prefiled Testimony on Air Quality dated March 30, 1995, were served on all those listed on the attached service list by express mail delivery or, where indicated with an asterisk, by facsimile this 30th day of March,1995.

Anr Af n Lamber 5kr

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3 i at al.

• 50-425-OLA-3  ;

(Vogtle Electric

• Re: License Amendment Generating Plant, * (Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP Ko. 03-671-01-OLA-3 SERVICE LIST  ;

• Administrative Judge Rockville,lMD 20852 Peter B. Bloch, Chairman Stewart D. Ebneter Atomic Safety and Licensing Regional Administrator Board USNRC, Region II U.S. Nuclear Regulatory 101 Marietta Street, NW Commission Suite 2900 Two White Flint North Atlanta, Georgia 30303 11545 Rockville Pike Office of the Secretary

Rockville, MD 20852 U.S._ Nuclear Regulatory  !

• Administrative Judge Commission ,

James H. Carpenter Washington, D. C. 20555 '

Atomic Safety and Licensing ATTN: Docketing and Ser-Board vices Branch 933 Green Point Drive

• Charles Barth, Esq.

Oyster Point Sunset Beach, NC 28468 Mitzi Young, Esq.

Office of General Counsel

• Administrative Judge One White Flint North Thomas D. Murphy Stop 15B18 Atomic Safety and Licensing U.S. Nuclear Regulatory i i

Board Commission U.S. Nuclear Regulatory Washington, D. C. 20555 f i

Commission Two White Flint North Director, ]

11545 Rockville Pike Environmental Protection i Rockville, MD 20852 Division Department of Natural i

• Michael D. Kohn, Esq. Resources l Kohn, Kohn & Colapinto, P.C. 205 Butler Street, S.E. j 517 Florida Avenue, N.W. Suite 1252 ,

Washington, D.C. 20001 Atlanta, Georgia 30334 I

Office of Commission Appellate Adjudication One White Flint North 11555 Rockville Pike

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