ML20082H398

Intervenor Motion for Issuance of Subpoena to B Hayes.* Intervenor AL Mosbaugh Moves Board to Issue Subpoena for B Hayes to Appear & Testify at Phase II Hearing on DG Issues During Wk of 950517.W/Certificate of Svc

ML20082H398
Person / Time
Site:	Vogtle
Issue date:	04/03/1995
From:	Kohn M, Mosbaugh A AFFILIATION NOT ASSIGNED, GEORGIA POWER CO., KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#295-16604 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9504170125
Download: ML20082H398 (4)

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[d 00CKETED April 3, ISYdRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 35 APR -7 P12:20 ATOMIC SAFETY AND LICENSING BOARD OFFICE 1 SECIE TAilY

) 00CKETU i 3 7W!Cr In the Matter of ) 3dA!!CH

) ' Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 ra aL., )

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) ) ..

) ASLBP No.~ 93-671-01-OLA-3 INTERVENOR'S MOTION FOR ISSUANCE OF SUBPOENA TO BEN HAYES Pursuant to 10 C.F.R. 52. 720 (a) , Intervenor, Allen Mosbaugh moves the Licensing Board to issue a subpoena for Mr. Ben Hayes to appear and testify at the Phase II hearing-on diesel generator issues during the week of May 17, 1995. A Subpoena is appended for signature. l Mr. Hayes, before leaving the NRC, held the position of Director of NRC Office of Investigations. In this position he supervised the Office of Investigations (OI) investigation of the allegations against Georgia Power Company. In addition, in his l

official capacity as the Director of OI he was the official sign-l off on the OI report and had the authority to make the OI. report t

a final NRC report. Mr. Hayes had the ultimate. responsibility to insure that the OI report was accurate, correct and valid.

Testimony from Mr. Hayes is relevant and essential to create an adequate record. As the director-in-charge of the OI investigation, 'Mr. Hayes has been involved with the

-investigation and supervised the investigation of the diesel 95041{0 g g$N 4 0

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b i generator issues since the first allegations were made in 1990.

This position gave him the opportunity to make observations of plant Vogtle management and operations, the OI activities in this i

i case and the actions of NRC Staff in this matter.  !

l j In addition'to the reasons set forth above, Mr. Hayes' i

testimony is essential to create an adequate record, in that he

! I i has direct personal knowledge regarding the competence of the OI i a

j investigatory process and the integrity of the OI findings.

1 Furthermore, Mr. Hayes will offer probative opinion and i

j expert testimony regarding the seriousness of GPC's misconduct, O

how this misconduct relates to the industry standard for 5

j character, competence and candor and the impact such misconduct i

has on the public's health and safety and the integrity of the l

nuclear regulatory process.

i Finally, other parties to this proceeding are expected to j d

call witnesses.which will attempt to impeach some or all of the i l factual findings of the OI Report. It would violate basic due  :

proce s requirements to allow witnesses to-impeach a report, I I

. while not allowing the director with final authority over the '

i contents of the report to defend its findings. In this regard, Mr. Hayes' testimony is necessary not only for Intervenor's case-in-chief, but also as rebuttal testimony. ,

1 t- REOUESTED RELIEF 4

l For the above stated reasons, Intervenor requests this  !

! request be denied, Intervenor requests this Honorable Board grant Intervenor's Motion For Issuance of Subpoena. Intervenor also 2

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request that the witness bring any and all documents, in the 1

5 witness' custody, control and/or possession, related to the i subject area to which the witness is to testify. These documents shall include but are not limited to written, recorded or graphic i matter, however produced or reproduced, of every kind and i

regardless of where located, including but not limited to any summary, schedule, memorandum, note, statement, letter, telegram, l interoffice communication, report, diary, desk or pocket calendar or notebook, daybook, appointment' book, phone logs, pamphlet, l periodical, work sheet, cost sheet, list, graph, chart, index,

tape, record, partial or complete report of telephone or oral l conversation, tabulation, study, analysis, transcript, minutes, 2

depositions and all memorials of any conversations, meetings, and

conferences by telephone or otherwise, including personal notes,

! and any other writing or recording.

WHEREFORE, Intervenor requests that the Board issue a subpoena for Mr. Ben Hayes to appear and testify at the date and time indicated in the accompanying subpoena request.

Respectfully submitted, Mic ael D. Kohn Mary Jane Wilmoth KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C.'20001 i

(202)'234-4663 l 3 4

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6 Y I hereby certify that the above motion was served on April.

1, 1995 by hand delivery on the persons listed in the attached l service list (with additional service via first class mail as 1 indicated by "*").

Mary Jane' 1p6th C:\ FILES \301\ SUS \ HAYES i

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