ML20082B849

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Georgia Power Co Motion for Issuance of Subpoenas.* Util Moves Board to Issue Subpoenas for Attendance & Testimony of MD Hunt & RA Kendall at Hearing on DG Reporting Issue. W/Certificate of Svc & Svc List
ML20082B849
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 04/03/1995
From: Joiner J
GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:
Atomic Safety and Licensing Board Panel
References
CON-#295-16573 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9504060071
Download: ML20082B849 (11)
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 95 APR -4 AC 58 ,

BEFORP THE ATOMIC SAFETY AND LICENSING BOARD _i In the Matter of 0FFICE OF SECREIART Docket Nos. 50-424-OLA-3 DOCKET 0!G ' T WICL ;

GEORGIA POWER COMPANY,

  • gg,g Q 31 31
  • 50-425-OLA-3 (Vogtle Electric
  • Re: License Amendment '

Generating Plant, * (Transfer to: Southern Units 1 and 2)

  • Nuclear)
  • ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S MOTION FOR ISSUANCE OF SUBPOENAS l

Pursuant to 10 C.F.R. S 2.720, Georgia Power Company moves the I

Licensing Board to issue subpoenas for the attendance and testimony of Mr. Milton D. Hunt and Mr. Richard A. Kendall at the hearing on the diesel generator reporting issue. A subpoena for each is appended for signature.

Messrs. Hunt and Kendall are former NRC employees who were on f

the Plant Vogtle site following the March 20, 1990 site area emergency, and followed the testing of the diesel generators. Mr.

Kendall was a member of the NRC Augmented Inspection Team and then  ;

the Incident Investigation Team. Mr. Hunt was a Region II j inspector who monitored and evaluated actione by Georgia Power to restore the diesels to operable status. Mr. Hunt has provided  !

Georgia Power with a written statement that was appended to Georgia f Power Company's Motion for Summary Disposition of Intervanor's Air Quality Statements Allegation (March 3, 1995). 6 I

9504060071 950403 i PDR ADOCK 05000424 1 4 0 PDR Oy 1

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Respectfully submitted, Af e E.'J6ihe~r-n's ohn Lamberski '

TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, Georgia 30308-2216 (404) 885-3360 Ernest L. Blake, Jr.

David R. Lewis SHAW PITTMAN POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8000 Dated: April 3, 1995

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DOCHETED UNITED STATES OF AMERICA y3 ppg NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

  • Docket Nos. 50-424-OLA-3 0FFICt: uF ECRElARY 31 A1
  • 50-425-OLA-3 DOCKEill:3 , m1CE '
  • Hi,. ?L .;i (Vogtle Electric
  • Re: License Amendment Generating Plant, * (Transfer to Southern Units 1 and 2)
  • Nuclear)
  • ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that copies of the within and foregoing

" Georgia Power Company's Motion for Issuance of Subpoenas," dated April 3, 1995 were served upon the persons listed on the attached i service list by express mail delivery, this 3rd day of April,1995.

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TROUTMAN SANDERS l Suite 5200 600 Peachtree Street, N.E. l Atlanta, Georgia 30308-2216 ,

(404) 885-3360 l l

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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 at al.
  • 50-425-OLA-3 (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 Atomic Safety and Licensing Services Branch 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 15B13 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 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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Lv_ j UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges Peter B. Bloch, Chair  ;

Dr. James H. Carpenter.

s. Thomas D. Murphy 1 In the Matter of  :

GEORGIA POWER COMPANY,

  • Docket Nos. 50-424-OLA-3  :

31 A1

  • 50-425-OLA-3  !

g .i (Vogtle Electric

  • Re: License Amendment Generating Plant, * (Transfer to Southern Units 1 and 2)
  • Nuclear) l
  • ASLBP No. 93-671-01-OLA-3 SUBPOENA In accordance with section 161(c) of the Atomic Energy Act, 42 U.S.C. $ 2201(c) , and 10 C.F.R. S 2.720, Milton D. Hunt is hereby ordered to attend and give testimony at the diesel generator reporting hearing in the above captioned proceeding. A mutually agreeable time during the course of the hearing shall be arranged for such attendance and testimony. Presently, the - hearing is scheduled to begin on April 17, 1995, 9:00 a.m. , at the NRC hearing room in Two White Flint North and adjourn on or before April 22, 1995. It will reconvene at a location to be determined on May 17, 1995, at 9:00 a.m., and continue until it is completed.

On motion made promptly, and in any event received on or before April 12, 1995, and on notice delivered to Georgia Power  ;

company on or before that date, this Atomic Safety and Licensing l Board (or if the Licensing Board is unavailable, the Commission) may (1) quash or modify the subpoena if it is unreasonable or ,

i requires evidence not relevant to any matter in issue, or (2) l

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condition denial.of'the motion on just.and reasonable terms. A copy of'an order - relating to the scope of this proceeding is ,

attached.

IT IS SO ORDERED.

Peter B. Bloch, Chair Dated at Rockville, Maryland, this day of ,

1995.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges Peter B.'Bloch, Chair. '

Dr. James H.-Carpenter

. Thomas D. Murphy In the Matter of i t

GEORGIA POWER COMPANY,

  • Docket Nos. 50-424-OLA-3  !

at al.

  • 50-425-OLA-3 (Vogtle Electric
  • Re: License Amendment Generating Plant, * (Transfer to-Southern Units 1 and 2)
  • Nuclear)
  • ASLBP No. 93-671-01-OLA-3 SUBPOENA In accordance with section 161(c) of the Atomic Energy Act, 42 U.S.C. S 2201(c), and 10 C.F.R. S 2.720, Richard A. Kendall is hereby ordered to attend and give testimony at the diesel generator reporting hearing in the above captioned proceeding. A mutually agreeable time during the course of the hearing shall be arranged for such attendance and testimony. Presently, the hearing is scheduled to begin on April 17, 1995, 9:00 a.m. , at the NRC hearing room in Two White Flint North and adjourn on or before April 22, 1995. It will reconvene at a location to be determined on May 17, 1995, at 9:00 a.m., and continue until it is completed. ,

On motion made promptly, and in any event received on or before April 12, 1995, and on notice delivered to Georgia Power Company on or before that date, this Atomic Safety and Licensing Board (or if the Licensing Board is unavailable, the Commission) may (1) quash or modify the subpoena if it is unreasonable or ,

requires evidence not relevant to any matter in issue, or (2) l

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condition denial of the motion on just and reasonable terms. A copy of an order relating to the scope of this proceeding is attached.

f IT IS SO ORDERED. e 7

Peter B. Bloch, Chair Dated at Rockville, Maryland, this day of ,

1995.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Peter 8. Bloch, Chair .

Dr. James H. Carpenter Thomas D. Murphy gg  ;

In the matter of Docket Nos. 50-424-OLA-3 1 GEORGIA POWER COMPANY, 50-425-OLA-3 l et al. Re License Amendment (Vogtle Electric Generating (Transfer to Southern 1 Plant, Units 1 and 2) Nuclear) l ASLBP No. 93-671-01-OLA-3 MEMORANDUM AND ORDER (Scope of Proceeding)

Today we received by facsimile transmission a letter from Georgia Power containing what we interpret to be a notion to limit the scope of scheduled depositions in accordance with prior rulings of this Board. We have decided to deny Georgia Power's motion without waiting for a response. Our ruling is relevant to depositions scheduled during the next two days and must, therefore, be made promptly.

The Georgia Power motion is based on a ruling of the Board that predated the issuance to Georgia Power of a

  • Notice of Violation and Proposed Imposition of Civil

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i Penalties on Nay 9, 1994 (NOV).1 The motion argues, -

primarily, that three aspects of the NOV were not mentioned in this proceeding and may not be raised as issues. The '

i issues sought to be - excluded from this case are: (1) the accuracy and completeness of a Georgia Power statement in June 29, 1990 letter 'to the NRC concerning GPC's April 9 letter and April 19 LER, (2) the accuracy and completeness of a Georgia Power statement in an August 30, 1990 letter to NRC concerning Georgia Power's April 9 letter to NRC, and (3) the issue of air quality (high dew point readings) that '

sight affect the starting of the Vogtle diesel generators. 1 The NOV was based on an extensive investigation conducted by the office of Investigations of the Nuclear  !

Regulatory Commission.2 Tne matters contained in the NOV l

also were considered by the Vogtle Coordinating Group, which was comprised of NRC Staff members selected for their  !

expertise in evaluating these charges.3 We note that our . earlier order,' which placed some limitations on the scope of this case, delineated the scope of Phase I of this proceeding. At the time, we were aware that it might later be apprepriate to expand the scope into 1

Docket No. 50-424, License No. NPF-68, FA 93-304.

2 The investigation was completed December 20, 1993, and was released to the public simultaneously with issuance of the NOV. (Case No. 2-90-020R). ,

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February 9,1994, released simultaneously with the NOV.

'LBP-93-21, 38 NRC 143 (September 24, 1993). I i

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'2g a~ Phase II proceeding. Without even considering whether the prior limitations did or did not pertain to the matters raised by Georgia Power, we have determined that it is I

necessary to include all the matters in the NOV in the scope  !

of this p./oceeding. We are hearing an allegation that SONCPCO lacks the character and competence to run a nuclear power plant.

We do not know, at this time, whether the allegations in the NOV are valid. However, we have examined i extensive documentation that suggests that they have been i

carefully considered.

Hence, the allegations of the NOV are relevant and important to the pending contention. To exclude any of those allegations would be to have an  !

inadequate record, compiled with blinders that would keep us from examining a portion of the relevant facts. This we shall not do.

All the allegations in the NOV are relevant to this i case. IT IS SO ORDERED.5 FOR THE ATOMIC SAFETY AND LICENSING BOARD s M =

Peter 8. Bloch -

Chair Bethesda, Maryland S l days. Motions for reconsideration may be filed within ten l depositions.However, this ruling shall apply during the pending i l

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