ML20082H452

Intervenor Request to NRC Executive Director for Operations to Allow Testimony from NRC Personnel or in Alternative Motion to Licensing Board.* Intervenor AL Mosbaugh Requests EDO Director to Grant Request.W/Certificate of Svc

ML20082H452
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-#295-16602, CON-#495-16602 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9504170153
Download: ML20082H452 (7)

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/ lo O 5 00CKETED USimC April 3, 1995 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION "2~'"

ATOMIC SAFETY AND LICENSING BOARD OFFlC: P! ~

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In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 ga gL., )

) 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 REQUEST TO NRC'S EEECUTIVE DIRECTOR FOR OPERATIONS TO ALLOW TESTIMONY FROM NRC PERSONNEL OR IN THE ALTERNATIVE MOTION TO THE LICENSING BOARD FOR ISSUANCE OF SUBPOENA Intervenor, Allen L. Mosbaugh, hereby requests that the NRC's Executive Director for Operations' grant his request to allow Larry Robinson to appear and testify in the Phase II hearing of the above-referenced proceeding commencing on April 17, 1995 and recommencing on May 17, 1995. Should this request I

be denied, Intervenor, pursuant to 10 C.F.R. 52.720 (h) (2) (i) , i moves the Licensing Board to issue a subpoena for Larry Robinson to appear and testify at the Phase II hearing during the week of a

May 17, 1995. A Subpoena is appended for signature.

1 BACKGROUND  !

l On May 13, 1994 Staff identified to the parties the NRC witnesses that would be made available to testify at the hearing on diesel generator issues. These witnesses are Messrs. Hood, Mathews and Skinner. In addition the Staff identified, on March l' 10, 1995, a second panel consisting of Messrs. Zimmerman and

, Reyes. Intervenor now files a request to the Executive Director 9504170153 950403 PDR ADOCK 05000424 D' Qj)

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for Operations to allow Mr. Robinson to appear and testify. In the event this request is denied Intervenor also files his motion for the issuance of a subpoena. Intervenor hopes that this will expedite the process.

ARGUMENT Intervenor contends that exceptional circumstances exists which warrants the testimony of a witness other than those made available by Staff. The witness for which Intervenor believes exceptional circumstances exists, i.e. he possesses direct personal knowledge of material facts not known to the witnesses made available by the Executive Director for Operations, is Larry Robinson, of the NRC Office of Investigations.

Testimony from Mr. Robinson is not only relevant it is essential to create an adequate record, in that he has direct personal knowledge of material facts regarding the issues 1 1

involved in this case. Mr. Robinson, the OI investigator assigned to investigate the allegations against Licensee, has .

i been involved with the investigation of the diesel generator l issues since the first allegations were made in 1990. This position gave him the opportunity to make direct personal observations of Plant Vogtle management and operations. He has personally conducted interviews of many of the individuals involved. This first hand experience enabled him to witness the demeanor of the individuals being interviewed. He is also the primary author of the OI Report concerning Case No.90-020. The other witnesses to be produced by NRC Staff do not possess 2

equivalent knowledge of the issues and/or the individuals involved. Testimony concerning the observations and knowledge of these individuals is essential to the issues set forth in Intervenor's Prefiled testimony which is to be filed on the same date as this motion.

In addition to the reasons set forth above, Mr. Robinson's testimony is essential to create an adequate record, in that he has direct personal knowledge regarding the issues involved in this case. As the main OI investigator of most of the factual matters at issue for Phase II of this proceeding, Mr. Robinson has personal knowledge regarding meetings,. interviews and inspections he]d with GPC and SCS personnel. Intervenor intends to clicit testimony from Mr. Robinson regarding his exceptional personal knowledge of the statements made during these meetings and inspections. Furthermore, if Intervenor is successful in this request for the attendance and testimony of Mr. Robinson, he may seek to qualify him as an expert, due to his exceptional knowledge of the issues in this proceeding, to rebut the testimony of other witnesses.

Finally, other parties to this proceeding are expected to call witnesses which will attempt to impeach some or all of the factual findings of the OI Report. It would violate basic due process requirements to allow witnesses to impeach a report, while not allowing the primary author of the report to defend its findings. In this regard, Mr. Robinson's testimony is necessary 1

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lf not only for Intervenor's case-in-chief, but also as rebuttal testimony.

1 REOUESTED RELIEF i

i For the above stated reasons, Intervenor requests the l Executive Director for Operations to allow Mr. Robinson to appear 1

j and testify at the above-captioned proceedings at the date and time indicated in-thefattached subpoenas, should this request be denied, Intervenor requests this Honorable Board grant j Intervenor's Motion For Issuance of Subpoena. In either-instance Intervenor also request that the witness bring any and all documents, in the witness' custody, control and/or possession, ,

related toi the subject area to which the witness is to testify. l These documents shall include but are not limited to written,  !

recorded or graphic matter, however produced or reproduced, of

! every kind and regardless of where located, including but not i i limited to any summary, schedule, memorandum, note, statement, letter, telegram, interoffice communication, report, diary, desk or pocket calendar or notebook, daybook, appointment book', phone- )

i I l logs, pamphlet, periodical, work sheet, cost sheet, liat, graph, chart, index, tape, record, partial or compl'ete report of I

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j telephone or oral conversation, tabulation, study, analysis, i

transcript, minutes, depositions and all memorials of any conversations, meetings, and conferences by telephone or otherwise, including personal notes, and any other; writing or 1

recording.

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4 l Respectfully submitted, l l

l 1 Michael D. Kohn Mary Jane Wilmoth l

Kohn,4Kohn & Colapinto, P.C. 1 j 517 Florida Ave., N.W. i Washington, D.C. 20001 '

,4 (202) 234-4663 i

) CERTIFICATE OF SERVICE

< I hereby certify that INTERVENOR'S REQUEST TO NRC'S 1 EXECUTIVE DIRECTOR FOR OPERATIONS TO ALLOW TESTIMONY FROM NRC 4 PERSONNEL OR IN THE ALTERNATIVE MOTION TO THE LICENSING BOARD FOR ISSUANCE OF SUBPOENA has upon the persons listed in the attached Service List and in the manner indicated in said list.

, By: [ [/L4 L j Mak9 J&ne y lmoth i KOHN, KORN E COLAPINTO, P.C.

! 517 Florida Ave., N.W. )

, Washington, D.C. 20001 l (202) 234-4663 1

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, UNITED STATES OF AMERICA

! NUCLEAR REGULATORY COMMISSION

ATOMIC SAFETY AND LICENSING BOARD i 1 i

) l In the Matter ot )

l ) Docket Nos. 50-424-OLA-3 l l '

GEORGIA POWER COMPANY ) 50-425-OLA-3 sa AL., )

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

Plant,. Unit 1 and Unit 2) )

') ASLBP No. 93-671-01-OLA-3 SUBPOENA OF LARRY ROBINSON .

l I In accordance with section 161(c) of the Atomic Energy Act,

. 42 U.S.C. 52201(c) and 10 C.F.R. 52.720, Larry Robinson is hereby ordered to appear at a hearing before the Atomic Safety and 1 1 Licensing Board to give testimony concerning the illegal license l

transfer issues in the above captioned proceeding. The hearing j

$ 1 j will commence the week of April 17, 1995. You are to appear on

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l May 17, 1995 or at another specified time during that or the i

following week, at a place yet to be determined by the Board._

I i' You are to bring with you all documents that are responsive to the following definition:

, any and all documents, in the your custody, control and/or possession, related to the subject area to which the you are to testify as set.forth in Intervenor's Request to NRC's Executive Director for Operations to Allow Testimony from NRC Personnel or in the Alternative Motion to the Licensing Board for Issuance.

of Subpoena. These documents shall include but are not limited to written, recorded or graphic matter, however

. produced or reproduced, of every kind and regardless of

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where located, including but not limited to any 1

summary, schedule, memorandum, note, statement, letter, telegram, interoffice communication, report, diary, desk or pocket-calendar or notebook, daybook, 1 appointment book, phone logs, pamphlet, periodical, work sheet, cost sheet, list, graph, chart, index, tape, record, partial or complete report-of telephone or. oral conversation, tabulation, study, analysis, transcript, minutes, depositions and all memorials of any conversations, meetings, and conferences by .

telephone or otherwise, including personal notes, and- I any other writing or recording. J On motion-made_promptly, and:in any event received on or before May_17, 1995 and on notice delivered to Intervenor's l

counsel on cnr 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.or-issue, or-(2) condition denial of the motion on just and reasonable terms.-

l IT IS SO ORDERED. ,

Peter B. Bloch, Chair Dated at Rockville, Maryland this day of , 1994.

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