ML20086G446

Intervenor Exhibit I-MOSBA-87,consisting of Georgia Power Addl Response to Intervenor Fifth Interrogatory & Document Request

ML20086G446
Person / Time
Site:	Vogtle
Issue date:	05/17/1995
From:	Lamberski J GEORGIA POWER CO.
To:
References
OLA-3-I-MOSBA87, NUDOCS 9507140360
Download: ML20086G446 (45)

Text

'

80- //2st i/zs-OdA -3 Exhibit . pag p nosn79 h-g ytug6stBM%

UNITED STATES OF AMERICA CRTAg NUCLEAR REGULATORY COMMISSIONDO BRANCH Before the Atomic Safety and Licensine Board

~

)

In the Matter of ) Docket Nos. 50-424-OLA-3 l

) 50-425-OLA-3 j GEORGIA POWER COMPANY, ) i et al. ) Re: License Amendment I

) (Transfer to Southern (Vogtle Electric Generating ) Nuclear) 1 Plant, Units I and 2) )

) ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S ADDITIONAL RESPONSE TO INTERVENOR'S FIFTH INTERROGATORY AND DOCUMENT REOUEST I. INTRODUCTION Georgia Power Company ("GPC") hereby provides an additional response to Intervenor's Fifth Interrogatory and Document Request to Georgia Power Company, dated j l

July 8,1994 (the "Fifth Request"). This response ad3rssses document request nos. 3 5,10, 13,14,17, and 18 of the Fifth Request.'

A number of the document requests in the Fifth Request are objectionable as l

overbroad in that Intervenor seeks information beyond the scop of discovery established by i the Board's Memorandum and Order (Scope of Discovery), dated June 2,1994. GPC has endeavored to identify and male available those documents which, based on a reasonable 8 GPC previously provided its response to the interrogatories in Intervenor's Fifth Request. Sm Georgia Power Company's Responses to Intervenor's Fifth Interrogatory and Document Request, dated July 22,1994.

9507140360 950517 PDR ADOCK 05000424 G PDR

l> 4  ;

- ; v ,. '

h: ',' <

(.

, D) o

~dO i

l 4

)

i 1

S i

NUCLEAR REGULATORY COMMISSION s,. 9 2 9.e u . 3 Docket No. S' ' 9 2 f*"- 2 Official Exh. No. Ta4 El in the matter of 6#C cr n 8-Staff IDENTlHED Asphcant_ RECEYtD #

intervenor 7 REJECTED ContoOffr Contractor DATE O f~ 8 7 -45 Other Witness G <.'p la.+M R; porter ..(. #.b

inquiry, appear relevant to the diesel statements at issue in this proceeding or may lead to the i

discovery of admissible evidence. In addition, GPC incorporates herein each of the General Objections stated in Georgia Power Company's Responses to Intervenor's Fifth Interrogatory and Document Request (July 22,1994), at 1-3.

II. RESPONSES TO DOCUMENT REOUESTS

3. GPC objects to this document request to the extent it seeks voluminous documents from 1989 to present on the grounds that it is unduly burdensome and overbroad as seeking information which is outside the scope of this proceeding. Without waiving such objections, the Outside Areas Operator Rounds Sheets for 1989 and 1990 are available to i

Intervenor for inspection and copying in the Atlanta offices of GPC's counsel except for the 1

follcuing dates (these sheets are missing from the Vogtle Document Control Center): Unit 1

-- June 25 and 26,1990; Unit 2 - January 1 - 20, 1989, Oc:ober 11 - 20,1989, and  !

December 12 - 16, 1989.

4. GPC objects to this document request to the exte.'t it seeks documents from March 20,1990 to present on the grounds that it is unduly burdensome and overbroad as seeking information which is outside the scope of this proceeding, Without waiving such objections, GPC has already produced the maintenance work order package documenting the  ;

April 6,1990 inspection of the EDG 1 A air receiver. See Georgia Power Company's  ;

l Additional Response to Intervenor's Fourth Interrogatory and Document Request, dated July 29,1994, at 5 (Bates Nos. 065977 - 065981). No other air receiver inspections were idendfied for 1990.

--- -. .. -_ = - - . _ - _ - - - - . .-

i. l i

I

)

l (O> 5. GPC objects to this document request to the extent it seeks documents from I  ;

1989 to present on the grounds that it is unduly burdensome and overbroad as seeking j t

j information which is outside the scope of this proceeding. Without waiving these objections, i i j GPC has already produced over 60,000 pages of documentation related to the Vogtle diesel l

i. 3 i . generators and is unaware of any other documentation responsive to this request. )

i. I j 10. GPC objects to this document request to the extent it seeks all documents j contained in " BASE SYSTEM" files on the grounds that it is unduly burdensome and 1

i oppressive and overbroad as seeking information which is outside the scope of this l proceeding. Without waivinp such objections, GPC believes it has already produced all i

i relevant documents resporsive to this request. See Georgia Power Company's Responses to i

l Intervenor's Fifth Interrogatory and: Document Request, dated July 22,1994, at 4 (response j to interrogatory no.12).

l- l a 13. See GPC's response to Document Request No.10 above.

i i

14. GPC objects to this document request to the extent it seeks documents i

unrelated to the diesel generator reporting matter at issue in this proceeding on the grounds i

that it is unduly burdensome and overbroad as seeking information which is outside the scope i

of this proceeding. Without waiving such objections, GPC is not aware of any relevant i

j documents responsive to this request that have not been produced and are not available in the l i NRC's Public Document Room.  ;

I

. 17. - GPC objects to this document request on the grounds that it is overbroad and i i

]- unreasonably cumulative and duplicative. GPC has responded to all of Intervenor's i

i

[

3

^

i

. . . . . - - . , - ,,.-.~ . - ,, _ ,.- - - . -.,.,.--....--.-.. _ .,.. .-- ~ ~.- ..- - - , _ . ..... --

document requests. GPC incorporates herein its prior responses, including all general and specific objections to such document requests.

18. GPC objects to this document request to the extent that it seeks documents that are privileged attomey-client communications'or subject to the attorney work product doctrine. Otherwise, GPC is unaware of documents responsive to this request that have not been produced.

Dated: August 8,1994 M

ames E. Joiner '

John Lamberski TROUTMAN SANDERS O Suite 5200 600 Peachtree Street, N.E.

Atlanta. GA 30308-2216 (404) 885 3360 Ernest L. Blake David R. Lewis SHAW, PTITMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20337 (202) 663-8084 i

i Counsel for Georgia Power Company i

,,_--,-,--..,,,,---.,___y . ~ _ , , . y.g .,-,y, ..m-,y-,, ,,.,w a y

O UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine 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 Additional Response to Intervenor's Fifth Interrogatory and Document Request, dated August 8,1994, were served by express mail upon the persons listed on the attached service list this 8th day of August, 1994

\ Ud1 . ti lh'/ '

i Thomas L. Penland, Jr.

TROUTMAN SANDERS Suite $200

600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3471

O 1

('

\,.y] 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 11 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 Office of General Counsel Sunset Beach, NC 28468 One White Flint North Stop 15B18 Administrative Judge U.S. Nuclear Regulatory Thomas D. Murphy Commission Atomic Safety and Licensing Washington, D. C. 20555 Board U.S. Nuclear Regulatory Director, Commission Environmental Protection Two White Flint North Division 11545 Rockville Pike Department of Natural Rockville, MD 20852 Resources 205 Butler Street, S.E.

Michael D. Kohn, Esq. Suite 1252 Kohn, Kohn & Colapinto, P.C. Atlanta, Georgia 30334 517 Florida Avenue, N.W.

Washington, D.C. 20001 Office of Commission Appellate Adjudication One White Flint North 11555 Rockville Pike 4

r" Rockville, MD 20852

}

l O

July 22,1994

) Q UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i Before the Atomic Safety and Licensing Board

) l In the Matter of ) Docket Nos. 50-424-OLA-3

) 50-425-0LA-3 GEORGIA POWER COMPANY, )

etal. ) Re: License Amendment

) (Transfer to Southern (Vogtle Electric Generating ) '

Nuclear)

Flant, Units I and 2) )

) ASLBP No. 93-671-01-OLA 3 i

GEORGIA POWER COMPANY'S RESPONSES TO INTERVENOR'S . l FIFTH INTERROGATORY AND DOCUMEW REOUEST I. INTRODUCTION Georgia Power Company ("GPC") hereby responds to Intervenor's Fifth Interrogatory and Document Request to Georgia Power. dated July 8,1994 (the "Fifth Request"). This response addresses Interrogatory Nos. 1, 2, 6-9,11,12 ,15, and 16. GPC's response to Document Request Nos. 3-5,10,13,15,17, and 18 will be provided by August 8,1994. l GPC notes that some responses to these interrogatories state an objection on the ground that i

Intervenor continues to seek information which is outside the scope of discovery established i i

by the Board's Memorandum and Order (Scope of Discovery), dated June 2,1994.  ;

II. GENERAL OBJECTIONS A. GPC objects to Instruction D of the Fifth Request (p. 3) which requires GPC to provide detailed information with respect to each document referred to in any of the l gO I il 9

e r -- , - , - --

p---,,,, -e ,

i 4

! l i

l i

j interrogatory responses. Given that Intervenor is intimately familiar with most of these documents, GPC objects to providing detailed information about those documents on the

]

l

! grounds that it would be unduly burdensome and oppressive.  !

i l i' I B. As a general matter, GPC objects to Intervenor's dennition of " Licensee," l l

" Georgia Power Company," "The Southern Company," and "SONOPCO," and consequently l l

s

to interrogatories which request information known to "GPC" as defined by Intervenor. )

i l l Intervenor defines these terms as including every agent or employee of GPC, ne Southern q Company, and/or SONOPCO, past or present, their counsel and all their respective agents, l i

servants, associates, employees, representatives, and private investigators, and others who i ,

are or have been in possession of or may have obtained information for or on behalf of any

) of those entities. As a result. Intervenor would have GPC conduct an investigation as to the 1

knowledge of every employee, agent or representative of each of these companies and indi-l i viduals. Such an investigation of each of Intervenor's interrogatories would be unduly i

j burdensome and oppressive. Without waiving this objection, GPC has endeavored to

! respond to Intervenor's interrogatories and document requests by making a reasonable i

j inquiry of those individuals who GPC believes have material information related to these 1 i g requests.

4 C. GPC generally objects to the identification, or disclosure, of those communications and documents which are subject to the attorney work product doctrine or a i the attorney-client communication privilege. GPC has been defending actions initiated by i

Intervenor since mid-1990. In addition to this proceeding, such actions include (1) NRC

[ inspections, an NRC Office of Investigations ("OI") investigation, and an NRC enforcement

1 2

- -- . -- , ... _ . - . - . ,.. ~ - . . - - . - - . . . - - - ,. . - - - , . . . . . . -

60- 4/ 24 y'zs-CAA -3 Exhibit $,pahkh T- /l(058A -10?

g pug 6st%41%

UNITED STATES OF AMERICA i CRgTAg NUCLEAR REGULATORY COMMISSIO@0 BRANCH Before the Atomic Safety and Licensine Board i

)

In the Matter of ) Docket Nos. 50-424-OLA-3

-) 50-425-0LA-3 GEORGIA POWER COMPANY, )

etal. ) 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 ADDITIONAL RESPONSE TO LNTERVENOR'S FIFTH INTERROGATORY AND DOCUMENT REOUEST I. INTRODUCTION Georgia Power Company ("GPC") hereby provides an additional response to Intervenor's Fifth Interrogatory and Document Request to Georgia Power Company, dated July 8,1994 (the "Fifth Request"). This response addresses document request nos. 3-5,10, 13,14,17, and 18 of the Fifth Request.8 A number of the document requests in the Fifth Request are objectionable as overbroad in that Intervenor seeks information beyond the scope of discovery established by the Board's Memorandum and Order (Scope of Discovery), dated June 2,1994. GPC has endeavored to identify and make available those documents which, based on a reasonable 8 GPC previously provided its response to the interrogatories in Intervenor's Fifth Request. Ecc Georgia Power Company's Responses to Intervenor's Fifth Interrogatory and (D

%)

Document Request, dated July 22,1994.

9507140360 950517 PDR C ADOCK 05000424 PDR

l l

1 1

1

+ u; l

. , a ,

,~

.(

s

,i.1 w:

)

O l l

l l

I NUCLEAR REGULATORY CCMMISSION I S,. o v-e u - 3 Docket No. S' * *

• 5*" * ' officiaf Exh. No. h4 9i in the matter of 6[J C or a 8- j Staff 3DENTIFIED I

Applicant RECEIVED #

interrenor 7 REJECTED Conro Offr Contractor DATE O f-I7 -45 Other Witness G v-% l*+<<A Reporter (. #,We

inquiry, appear relevant to the diesel statements at issue in this proceeding or may lead to the l

- discovery of admissible evidence. In addition, GPC incorporates herein each of the General l Objections stated in Georgia Power Company's Responses to Intervenor*.i Fifth Interrogatory and Document Request (July 22,1994), at 1-3.

II. RESPONSE 3 TO DOCUMENT REOUESTS i

3. GPC objects to this document request to the extent it seeks voluminous documents from 1989 to present on the grounds that it is unduly burdensome and overbroad l as seaking information which is outside the scope of this proceeding. Without waiving such a

objections, the Outside Areas Operator Rounds Sheets for 1989 and 1990 are available to Intervenor for inspection and copying in the Atlanta offices of GPC's counsel except for the following dates (these sheets are missing from the Vogtle Document Control Center): Unit 1

-- June 25 and 26,1990; Unit 2 -- January 1 - 20, 1989, October 11 - 20,1989, and I December 12 - 16, 1989.

4 GPC objects to this document request to the extent it seeks documents from

March 20,1990 to present on the grounds that it is unduly burdensome and overbroad as seeking information which is outside the scope of this proceeding. Without waiving such l objections, GPC has already produced the maintenance work order package documenting the April 6,1990 inspection of the EDG 1 A air receiver. See Georgia Power Company's L

Additional Response to Intervenor's Fourth Interrogatory and Document Request, dated July

{

) 29,1994, at 5 (Bates Nos. 065977 - 065981). No other air receiver inspections were f identified for 1990 .

!O 2

-- y.,- -e ,m.y-- g-- i.--w-,+g,t um +,g--- w-ev m-g y , +--mm e- g.n- -o.e-s - , - ..g me m isr --s e s.- rt-="'F -

m'-+ "

W*

r

5. GPC objects to this document request to the extent it seeks documents from 1989 to present on the grounds that it is unduly burdensome and overbroad as seeking information which is outside the scope of this proceeding. Without waiving these objections, GPC has already produced over 60,000 pages of documentation related to the Vogtle diesel ,

_ generators and is unaware of any other documentation responsive to this request.

10. GPC objects to this document request to the extent it seeks all documents contained in " BASE SYSTEM" files on the grounds that it is unduly burdensome and oppressive and overbroad as s>2 king information which is outside the scope of this proceeding. Without waiving such objections, GPC believes it has already produced all relevant documents responsive to this request. See Georgia Power Company's Responses to Intervenor's Fifth Interrogatory and Document Request. dated July 22,1994, at 4 (response to interrogatory no.12).

j 13. See GPC's response to Document Request No.10 above.

14. GPC objects to this document request to the extent it seeks documents f

)

! unrelated to the diesel generator reporting matter at issue in this proceeding on the grounds i

j that it is unduly burdensome and overbroad as seeking information which is outside the scope i

! of this proceeding. Without waiving such objections, GPC is not aware of any relevant

+

j documents responsive to this request that have not been produced and are not available in the NRC's Public Document Room.

I

17. GPC objects to this document request on the grounds that it is overbroad and

~

unreasonably cumulative and duplicative. GPC has responded to all of Intervenor's 4

/

3 i

a

__m____ _ __ _ .__ _ _ ____ - -, c.e.._,e . , , - . . . . . - - w,_. --,,..w,. ,y.re r r , _ , ,. .., , , . . -,,,.,7, ,, , , _ , , , , . ,m m %.,,,. .,p,,.i

t document requests. GPC incorporates herein its prior responses, including all general and specific objections to such document requests.

! 18. GPC objects to this document request to the extent that it seeks documents that are privileged attorney-client communications or subject to the attomey work product doctrine. Otherwise, GPC is unaware of documents responsive to this request that have not been produced.

Dated: August 8,1994 b

\p '

ames E. Joiner '

John Lamberski TROUTMAN SANDERS O Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 9 04) 885-3360 Ernest L. Blake David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W. I Washington, D.C. 20337 (202) 663 8084 )

1 Counsel for Georgia Power Company  !

~

O '

i O

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION r Before the Atomic Safety and Licensine Board

)

In the Matter of ) Docket Nos. 50-424-OLA-3

) 50-425-OLA-3 GEORGIA POWER COMPANY, )

etal. ) 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 Additional Response to Intervenor's Fifth Interrogatory and Document Request, dated August 8,1994, were served by express mail upon the persons listed on the attached service list this 8th day of August, 1994.

\ .M d 1 . el QP/

Thomas L. Penland, Jr.

TROUTMAN SANDERS )

Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3471 O

.V

l (O

s 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 l Board 101 Marietta Street, NW i U.S. Nuclear Regulatory Suite 2900 l Commission Atlanta, Georgia 30303 Two White Flint North 11545 Rockville Pike Office of the Secretary l Rockville, MD 20852 U.S. Nuclear Regulatory Commission Administrative Judge Washington, D. C. 20555 (73) James H. Carpenter ATTN: Docketing and Atomic Safety and Licensing Services Branch Board 933 Green Point Drive Charles Barth, Esq.

Oyster Point Office of General Counsel Sunset Beach, NC 28468 One White Flint North Stop 15B18 Administrative Judge U.S. Nuclear Regulatory Thomas D. Murphy Commission Atomic Safety and Licensing Washington, D. C. 20555 Board U.S. Nuclear Regulatory Director, Conmission Environmental Protection Two White Flint North Division 11545 Rockville Pike Department of Natural Rockville, MD 20852 Resources 205 Butler Street, S.E.

Michael D. Kohn, Esq. Suite 1252  !

Kohn, Kohn & Colapinto, P.C. Atlanta, Georgia 30334 I 517 Florida Avenue, N.W.

Washington, D.C. 20001 office of Commission Appellate Adjudication one White Flint North 11555 Rockville Pike Rockville, MD 20852 i

N

l

i. l 4

i l o i July 22,1994 Q

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

I Before the Atomic Safety and Licensing Board

(

l

)

In the Matter of ) Docket Nos. 50-424-OLA-3

) 50-425-OLA-3

, GEORGIA POWER COMPANY, ) .

l etal. ) Re: License Amendment  !

l ) (Transfer to Southem j (Vogtle Electric Generating ) Nuclear) l Plant, Units I and 2) )

) ASLBP No. 93-671-01-OLA-3 l

GEORGIA POWER COMPANY'S RESPONSES TO INTERVENOR'S - l FIFTH INTERROGATORY AND DOCUMENT REOUEST l

I. INTRODUCTION Georgia Power Company ("GPC") hereby responds to Intervenor's Fifth Interrogatory l and Document Request to Georgia Power, dated July 8,1994 (the "Fifth Request"). This ]

l response addresses Interrogatory Nos. 1, 2, 6-9,11,12 ,15, and 16. GPC's response to '

Document Request Nos. 3-5,10,13,15,17, and 18 will be provided by August 8,1994.

GPC notes that some responses to these interrogatories state an objection on the ground that Intervenor continues to seek information which is outside the scope of discovery established by the Board's Memorandum and Order (Scope of Discovery), dated June 2,1994.

l -- II. GENERAL OBJECTIONS l l

A. GPC objects to Instruction D of the Fifth Request (p. 3) which requires GPC to provide detailed information with respect to each document referred to in my of the O i L .- - - .

1 l

interrogatory responses. Given that Intervenor is intimately familiar with most of these documents, GPC objects to providing detailed information about those documents on the grounds that it would be unduly burdensome and oppressive.

B. As a general matter, GPC objects to Intervenor's dennition of " Licensee,"

" Georgia Power Company," "The Southern Company," and "SONOPCO," and consequently to interrogatories which request information known to "GPC" as defined by Intervenor. l Intervenor defines these terms as including every agent or employee of GPC, The Southern ,

l Company, and/or SONOPCO, past or present, their counsel and all their respective agents. l servants, associates, employees, representatives, and private investigators, and others who are or have been in possession of or may have obtained information for or on behalf of any of those entities. As a result. Intervenor would have GPC conduct an investigation as to the knowledge of every employee, agent or representative of each of these companies and indi-viduals. Such an investigation of each of Inter enor's interrogatories would be unduly burdensome and oppressive. Without waiving this objection, GPC nas cr.deavored to respond to Intervenor's interrogatories and document requests by making a reasonable inquiry of those individuals who GPC believes have material information related to these requests.

C. GPC generally objects to the identification, or disclosure, of those communications and documents which are subject to the attomey work product doctrine or the attorney-client communication privilege. GPC has been defending actions initiated by Intervenor since mid-1990. In addition to this proceeding, such actions include (1) NRC inspections, an NRC Office of Investigations ("O!") investigation, and an NRC enforcement O

action respecting those a!!egations lodged by Intervenor in the llobby/Mosbaugh Petition related to the diesel generator statements issue, (2) three separate actions before the Department of Labor, (3) an investigation by the Department of Justice, and (4) an inquiry by a Congressional Subcommittee. GPC's legal counsel has been heavily involved in the defense of these actions and, as a result, has generated a large number of documents in preparation of such defenses. It would be oppressive and unduly burdensome and expensive for GPC to identify each and every one of such documents which are subject to either or both of (1) the attorney work product doctrine (i.e., they were prepared by legal counsel in anticipation of litigation and their disclosure would reveal the mental impressions of legal counsel), or (2) the attorney-client communication privilege (i.e., communications from GPC to its legal counsel made in confidence for the purpose of obtaining legal advice and counsel).

III. RESPONSES TO INTERROGATORIES

1. (Webb) GPC is not aware of the existence today of the diesel s art list that was prepared by Mr. Webb on April 19, 1990.

2. (Aufdenkampe, Odom, Webb) Mr. Webb completed his task of listing diesel starts on April 19, 1990, and recalls providing the list to Mr. Odom. He recalls Mr. Odom stating that he had given the list to "the man down the hall." Mr. Webb understood this to mean that the list had been given to either Mr. Aufdenkampe or Mr. Mosbaugh. Mr. Webb does not recall ever copying the document. The documents used to prepare the list were the Vogtle Unit 1 Control Room logs (i.e., the Shift Supervisor's log and the Unit Control log). J GPC believes that the last person to have the list was Mr. Mosbaugh. No one currently O 3 i

?

1 l employed by GPC recalls seeing the diesel start list after it was provided to Mr. Mosbaugh on April 19, 1990.

j 6. (Kochery) GPC believes th: NRC first discussed the possibility of quarantining i components on March 23.1990. Ss.c NRC Confirmation of Action Letter, dated March 23, i

1990.

(Kochery) Mr. Kochery recalls that someone may have told him that water was discovered in the 2" air start line, but does not recall who told him.

i f 8)(Holmes) Mr. Holmes does not recall any individual informing him that there may J l

! be water in the diesel trip lines. i i

j 9. (Kochery) GPC interprets this interrogatory as seeking information concerning who from Cooper Industries provided on-site assistance to GPC following the March 20, 1990 event. Personnel who assisted GPC were Messrs. Sheldon Owyoung, Robert Johnston, l and Donald Pescut.

j 11. (Dixon, Wajker) No.

j 12. (Bailey, Sheibani) GPC objects to this interrogatory as being overbroad to the i

j extent that it requests the identification of tiles or file listings related to matters that are i

! outside the scope of this proceeding. Without waiving this objection, GPC notes that the i

mdividuals named in this interrogatory did not personally have computers in their workplace 4

4- during the March 20,1990 to August 30,1990 time frame. Their secretaries created files on their behalf using Xerox Memorywriter typewriters. The relevant file list for Mr. Bockhold, and corresponding documents, have been previously produced. Mr. Bailey's file list includes two documents that may be related to the scope of this proceeding. A copy of these 4

documents is attached. hir. Kitchen's file list includes four relevant documents, which are also attached. The file lists for hiessrs. Hairston, hicCoy and Stringfellow are either blank or include only documents regarding matters not related to this proceeding.

15, (Domby, Bailey) GPC interprets this interrogatory as requesting the identity of FOIA requests filed by GPC. GPC objects to this interrogatory to the extent it requests the identification of FOIA requests regarding the Site Area Emergency (other than matters related to diesel generators) as being outside the scope of this proceeding. A file search identified the following FOIA requests responsive to the unobjectionable portion of this interrogatory: FOIA-91-305, 306, 452, 459, 468, 515, 516;92-150,151, 330, 338;93-555.

16. (Warren) The individual whose name is listed as the supervisor or coordinator on the document identified in this interrogatory is Str. Fred Warren. hir. Warren was responsible for filling out the document.

O '

1 O

Respectfully submitted,

~~ a/ '

. Johii Lamberiki '

,/ 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. 20337 CO2) 663-8084 Counsel for Georgia Power Company Dated: July 22,1994 O 6

O O

INTERROGATORY NO.12 O

DOCUAENTS PRODUCED BY MR. JANES A. BAILEY O

O ELV-01469 0312 Docket No. 50-424

~

U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D. C. 20555 Gentlemen:

V0GTLE ELECTRIC GENERATING PLANT WAIVER OF COMPLIANCE This letter is a follow-up written request for a waiver of compliance for .

Georgia Power Company's Vogtle Electric Generating Plant Unit 1. A one-time Technical Specification waiver of compliance was requested to make Technical Specification 3.0.4 not applicable to Technical Specification 3.8.1.2. This -

pg waiver was required to allow entry into Mode 5 with the operability of Diesel $

Generator IA and itssociated load sequencnverified. The Plant Review

~Q Board has reviewed and approved this waiver.

This waiver was necessary because recent failures of the Unit 1, Train A Diesel Generator and its associated load sequencer rendered their operability questionable. Even though an extensive investigation is being conducted, the specific cause of the failure of this equipment s not been identified.

The current Reactor Coolant System water level is at mid-loop. This waiver l

allows tensioning of the Reactor Pressure Vessel head which also allows filling and venting of the Reactor Coolant System. Filling and venting the RCS will result in an increase in RCS water inventory and make the steam generators available for heat removal should they be required. As additional compensatory action, on-shift operators have been briefed on the condition of the equipment and how to respond by manually initiating a Diesel Generator emergency start j should it be required.

This is a one-time request due to present plant conditions and equipment status.

Since Technical Specification 3.8.1.2 action requirements are the same for Modes 5 and 6 the probability of occurrence and consequences of an accident are not increased by this request and no significant safety hazards are involved. The additional inventory and addition of 'he steam generators as an available heat sink improves the margin of safety.

O

O ,

U. S. Nuclear Regulatory Commission l ELV-01469  :

Eigg,)wo i 1

Since no change in plant design occurs as a result of this waiver of compliance I and since the plant is being placed in an improved condition with respect to water inventory and available heat sinks, no adverse environmental effects are involved.

1 Sincerely, R. P. Mcdonald RPM /HWM/gm xc: Georcia Power Comoany Mr. C. K. McCoy Mr. G. Bockhold, Jr.

hr. R. M. Odom .

Mr. P. D. Rushton NORMS U. S. Nuclear Reculatory Commission Mr. S. D. Ebneter, Regional Administrator Mr. T. A. Reed Licensing Project Manager, NRR Mr. R. F. Aiello, Senior Resident inspector, Vogtle O ,

4

)'

. _ ._...._. .... _ _- _.~--. _ _=,_.. _ .-._ -

l l t i

l ' ['\  :

lV l V0GTLE SITE EMERGENCY i l MARCH 20, 1990 l l

PLANT CONDITIONS l

o Unit I was in a refueling outage and Unit 2 was operating at 100%

power.

o Unit I was in mid-loop in operational Mode 6.

o The RCS level was being maintained at mid-loop for valve repairs and S/G manway restoration. '

o The Unit 1 B reserve auxiliary transformer (RAT) was tagged out of  ;

sr.rvice for maintenance. '

o The Unit 1 B emergency diesel generator (EOG) was tagged out of service and disassembled for maintenance.

o The Unit I A PJ.T was supplying offsite power to the crosstied Unit 1 A .

and B vital buses.  !

o The reactor coolant system (RCS) temperature was being maintained at

• p around 90 degrees Fahrenheit (F) via the traia A residual heat removal I (RHR) pump, the train B pump was in standby.

o. The vessel head was in place with the bolts not fully tensioned.

o The pressurizer manway cover was removed.

o The containment equipment hatch and the containment personnel hatch were open l

o Non-vital power was provided via a backfeed thru the main generator trans fonner.

f%

O

f O V0GTLE SITE EMERGENCY MARCH 20, 1990 EVENT _

o At about 9:20 a.m. a truck backed into a support column for the feeder line supplying power to the Unit 1A RAT and the Unit 2B RAT.

o The insulator for the C phase of the feeder line fractured and initiated a phase-to-ground electrical fault. r o The fault resulted in a loss of power to the 1A and 28 RATS. ,

o The 2B EDG started and loaded to the deenergized Unit 2 vital bus.  ;

o Unit 2 tripped becaused of an improperly connected differential current transformer. (Wrong tap setting) o Loss of 1A RAT deenergized both Unit I vital buses. (i.e., loss of  ;

power to RHR pump) o Unit lA EDG started on bus undervoltage and shut down after about one minute and 20 seconds. -

o Declared site area emergency about 9:40. ,

o About 18 minutes after the first IA EDG started, operators locally reset load sequencer and EDG started on UV.

o After about one minute and ten seconds EDG shut down again.

o At about 9:56 a.m. operators performed an " Emergency" manual start which bypassed most of the EDG protective trips.

o The EDG started and loaded the bus, a RHR pump was restarted and core cooling was re-established, o Site Area Emergency downgraded to " Alert" at about 10:15 a.m.

o Reactor coolant system heated up to 136 degrees F from 90 degrees F before EDG was started.

o Emergency was terminated at 1:47 p.m. j l

O

1 i

i I

i 1

1 3- ,

4 f' l i  !

F t

1 g t j  !

i i

1 1

i 1

J i

i INTERROGATORY NO.12 1

1 4

i DOCUMENTS PRODUCED BY MR. W.F. KITCHENS h

1 k'

i s

4 1

L_._---_____ ___m._ m,._. eww..ww,,,,-%,..---n%.,,_,_,%,,.m.nwy,,_ , , ,,,, . , , , , , , , , , , ,.,,p,, ___. , ,_ ,

^

i

::-p ;_ : :.4 sc . .m E re . s>>e--- --

9-: .::2-u r-::-ce  : :t 030 C113UtENT EVENTS 100 MY 24,1990

k PLANT V0GTLE UNIT 1 l i

On May 23,1990 at 1228 hour0.0142 days <br />0.341 hours <br />0.00203 weeks <br />4.67254e-4 months <br /> s (CST) the Unit I train 8 emergency diesel i generator tripped during a su.et11ance test. This surveillance test was performed following calibn tion of three jacket water temperature switches. (The tempenture swnch calibration was a corrective action i taken as a result of a revious diesel generator failure on March 20

1990.) The IB diesel generator was declared inoperable following the

~

engine trip, and actions t. ken per the technical specifications. Troubleshooting 1 1

j following this trip failed o imediately identify the root cause of l the failure, i

i An event review team has been established to evaluate W probleo.

and determine the root cause. Glen McCarley. ISEG Supervisor is the event review team leader,  ;

i 4

9 6

1 i l

l

! P) c l

O 6 - - . . . . , -

(

ts : H e . 2:04 F:- .CG' E TE* . if*: ~ I' 9-1-404 2.65-! OC 5.2s

. 03\

1. DG 18 TROUBLESHOOTING PUlN i

b-Vent JW tercerature swf tches prior to each start.

' Monitor P-3 operation for each start.

Snoop each JW temperature switch during start.

Nonitor JW temperatum during each run and record.

Any problems stcp and have meeting.

1. Perfom 3 local emergency starts with "old" switches installed

2. Calibrate new P-3 to lower setpoint (in I & C Shop)

3. Perfom 1 (or more) normi starts with existing P-3

4. Install new P-3 with lower setpoint

5. Perfom 3 nomal starts with new P-3

6. Perfom Operations surve111ance e

O O

,e , ,r .~ - - . , , , , --an- ,,n ...,-- -er, w-,w-+- ,,----v-,,,-- ,--g--p.,,, --,-a-w a,- , ,we,---- o, m.m e ,ww- , ,- , - - - - - - , - -rw ..---se nyw, --

t.s-::-:ssa .a: s :8:" .osr_E rg: . 5.pc:--  : 3-:-aca-sar-:soe  :.:: s

()VI)

SHIFT BRIEFING I

ot

- UNIT 1 DIESEL GENERATOR EMERGENCY TRIPS FOR HIGH JACKET WATER TEMPERATURE AND LOW LUBE 0;L PRES 5URE On an emergency start of the Diesel Generator (06),. only four er.9t ne trips remain active: (A) Engine overspeed, (B) 136A Relay, C) High Jacket Water Temperature (2 of 3), and (D) Low Lube 011 pressure 2 of 3).

The High Jacket ' deter Temperature trip once the engine has tripped on high water temperature, may be reset (bypassed) by pushing the " EMERGENCY i STOP RESET" button locally on the engine control panel. Once reset.  !

the engine will auto restart and the high jacket water temperat6ra trip will no longer be active.

l WCTE: 00 NOT push the Reset from LOCA button as this will '

re-enstate the trip resulting in another engine trip.

At this time, it is unknown whether the Low Lube 011 Pressure trip can be reset using this method. The problem arises from the inplementation of the DCP that added the flow orifices in the lube oil lines to maintain pressure for 70-90 seconds after engine shutdown. Engineering is evaluating this situation and information will be passed along as soon as it becones ,

available.

10 h

) 1

' I l

1 o

e 3

0

l

. ..- - : na ...e :c- .cc _s rE . 1.FC ~ ~ ~  !; i+-:-404-i3 ~:N  : 1'  !

DO' \

l

< 1

_tm!T 1 A TRAIN DIESEL GENERATOR l

AIR RECEIVER DEW POINT EASUREENTS t

led 0 NO. DATE RECEIVER K01 1

RECEIYER K02 19001651 4/8/90 34*F 33'T 19001513 3/31/90 80*F 4 60*F i 19000899 3/12/90 48'F

45'F 3/9/90 61*F 66'F i 19000465 2/11/90 37'F 37*F i

18906445 1/18/90 44*F

, 44*F l 18906199 12/19/89 40*F 37'F 1 l

18905007 11/20/89 40'F 47'F 18904442 10/20/89 38'F 45'F 18903652 9/27/89 45'T 45'F 16903214 8/24/89 37'F 35'F I

18902798 7/30/89 45*F 49'F 18902453 E/28/89 48'F K02 was tagged ou*

for maintenance i 18900984 3/16/89 22.6*F 20.1*F l

l i

I O

l

}

g ,

J..-II-; W 5 .- ::;r p ;- c; _- ,,; _,; 7,; g . ,_

GNITED STATES OF AMERICA NUCLEAR REGUIJLTORY COMKISSION l REFORF TIE. ATONIC....sh.FBTY.AND LICEFSING BOARD 1

In the Matter of

I

Docket Nos. 5 0-42 4-OIJL-3 ,

GEORGIA POWER COMPANY, gj; A1 50-425-OLA-3 l

i

Re: License Amendment l 4 (Vogtle Electric Generating Planh : (Transfer to 1

) -

Units 1 and 2)  : Southern Nuclear) I

{

,  : AELBP WO. 93-671-OLA-3 i

i AFFIDAVIT OF JotDT G. AUFDDfKAKPE l'

l

.I  :

I, John G. Aufdenkampe, being duly sworn, state as follows

l i i

1. I am currently employed by Southern Compana Services as

~

Design Team Leader, Vogtle Project.

) 2. I am duly authorized to verify Georgia Power Company's

• C Response to Intervenor's Fifth Interrogatory and Docur.ent

! Request, specifically the response to Interrogatory No. 2.

l  ! hereby certiff that the staterents and opinions in such j response are true and correct to the best of r.y personal knowledge and belief.

s

/ John G. Aufdtnkampe' i

l i

Sworn to and subscr,4 bed before se this f ? " day of July. 1994.

. . , a

~ Y I' O./Lt 'b . Q d '$ Q .

, Notary Public / I My commission i t, exp:ea ires:

J f

8

. r

-. .-22 .fi- 09: C :::- 5 ?-:- 03*LE E U .:: TO TT.-  :.0; UNITED STATES OF W N CA NUCLEAR REGULATORY COMKISSION BEFORB THE ATOKIC SA.FFfY AND LICENSING BOAtta In the Matter of  :

• Docket Nos. 50-424-OLA-3 GEORGIA PogrER COMPANY, 31 11  : 50-425-OLA-3

Re: License Amendment (Vogtle Electric Generating Plant, : (Transfar to Units 1 and 2)  : Sout.hern Nuclear)

-  : ASLEP No. 93-471-OLA-3 AFFIDAVIT OF JAMES 1. BAILEY I, James A. Bailey, being d".1,y sworn, state as follows:

1. I am currently emp1vfed by southern Nuclear Operating Company as Manager-Licensing, Vogtle Project.

2. I am duly authorized to verify Georgia Power Company's.

Response to Intervenor's Fifth Interrogatory and Document Request, specifically the response to Interrogatory No. 12.

O I

I hereby certify that the statements and opinions in such I i ,

response are true and correct to the test of my personal i

) l i

knowledge and belief.

i

, .ms ,

, 7

\ e (5vv'.4e , I1 .M cwi, i J1mes A. Bailey 4

Sworn to and :;ubscribr,d before me this _ Q ' day of July, 1994.

I Ctd, f . l t.

Notary Public '

[ My commission expires:

.i. ..,.

G : y, 1 .

i 1

J i

?

l '

a

.________u----.-e-.,m -o- .- --- .,m-,---_, ._ . ,- ----,,,,,--v- , y,,.~% -,,,e-r--e ----,-,~---r-*w.-

, --,---r,,ev v-----

T.' -2I-: FF.: .:i :::" c _g rg:., 3.pe;:-  ; p-:-ac -g;;-:3ec ,c; 1

l l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION FORE TKI ATOXIC BAYETY AND LICENBING BOkPf)

In the Matter of  :

Docket Nos. 50-424-OLA-3 GEORGIA PotrER COMPANY, 31 31  : 50-425-OLA-3 Re: License Amendment (Yogtle Electric Generating Plant, 3 (Transfer to Units 1 and 2)  : Southern Nuclear) a

ASLBF FC. 93-571-OLA-3 AFFIDAVIT OF ESTER R. DIZON I, Estar R. Dixon, being duly sworn, state as follows:

1. I am currently employed by Georgia Power Company as Senior secretary, Vogtle Electric Cenerating Plant.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fifth Interrogatory and Document Request, specifically the response to Interrogatory No. 11.

i I hereby certify that the statements and opinions in such l

i j reaponse are true and correct to the best of my personal knovledge and belief.

i l Ester R. Dixon hb i

i Sworn to and subscribed I

before me this Affg day of July, 1994.

4

! $N $ &dw Notary Publist' l

i My ccupission expires: 4 l V-f-ff i

)

l

! - l

! 1 l

l l

1

TOTM. P.0J l

t

. - . . - . . . . . . . . . _ _ _ . , . . . _ - _ . . _ . _ _ _ _ _ , . . . _ . - . - , . . . . _ _ _ . . . _ . . _ _ _ . - _ __ _ _ _ . - . _ . _ . . . - _ _ . - _ . _ ~ _ - . _ _ _ . _ _ _ _ _ . . . _ _ . __ -

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

• GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 it;, gl.

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF ARTHUR H. DOMBY l I, Arthur H. Domby, being duly sworn, state as follows: l

1. I am a partner in the law firm of Troutman Sanders, where.

l I have practiced law since being admitted to the State Bar of Georgia in 1979. I am also admitted to practice in the State of r,

%> New York.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fifth Interrogatory and Document Request, specifically the response to Interrogatory No. 15.

I hereby certify that the statements and opinions in such J

responses are true and correct to the best of my personal knowledge and belief.

Arthur H. Domb)f Sworn to and subscribed before me this 2. /s4 day o uly, 1994 J -

Notary Public My/

v commission expires:

my hma Egwas Fearwary :a, seer

(

t. _ . _ . ._- _ . . _ _. _ _ . . . _ _ _

d_-22-9"  ?. 10:25 E'.E SEN' BY:wc0 50/0 .-2I-!* : 2 u!~Y : TWTWa san ..r= 'lCS Eli 36S31s 1 O UNITES STATIS OF AMERICA NUCTEAR RE3CLATORY COMMISSION nareum TE2 A?oure shrm?Y A3rD trernwarwe 30M3 In the Mattar of a Dookot Nos. 30 424-0L1-3 SECRGIA POWER COMPATY, n 31 I 50=435=0L&=3 8

r me License Assadmaat (Yogtle Electric esmerating Plant, 3 (Transfer 40 Units 1 and 2)  : southera Wuoiser) r ASL37 NO. 93-871-OLA-3 AFFThaTTT CF M9trWrrE E. ICLMES I, Kenneth 2. !!olass, being duly sworn, state as follows:

1. I am currently snployed by Georgia Power Company as Manager-operations, vogtle 21ectric Generating Plant. -

2. I an duly authorized to verify Georgia Power Cornpany's Respenas to Int $rvonor's Fif th Interrogatory and Document Request, specifically the respense to Interrogatory No. 8.

I hereby cartify that the state =ents and opinions in such response are trus and =crrect to the test cf ny paraenal knov:l. edge and belief.

i

1. %+..1 N I

Kenneth R. Holras' I

Yi

,2.O

-[.swSf 1Yr.$994r ito.and subscribedM d tJch',this 1 day 3

{.'):'

? h I." l [ ( 9 NotXYy

M~y J)ma,Publicisslior} expirass

?_

?. - .

Si3cliS O -

, .. _... . .. . _ _ . . _ . . . . . . )

.J.-II . N M:3 :: r 5 .c_ .c3 ,g g,y) g - ,g . _

UNITED STATES OF AMERICA l NUCLE 1R REGULATORY COMMISSION EIFORN.TII ATOKIC 5AYETY AND LICENSING BOARD  !

In the Matter of -

Docket Nos. 50-424-OLA-3 GSORGIA POWER COMP &NY, 31 31 50-425-OLA-3

Re: License Amandment (Vogtle Electric Generating Plant, I (Transfer to Unita 1 and 2)  : Southern Nuclear)

~

ASLBP NO. 93-671-cLA-3 AFFIDAYTT OF PAUL M. KOCNERY I, Paul M. Kochery, being duly sworn, state as follows:

1. I am currently employed by Georgia Power company as Engineering Supervisor, Vogtle Electric Generating plant.

2. I am duly authorized to verify Georgia Power company's-Response to Intervenor's Fifth Interrogatory and Document ,

Request, specifically the responses to Interrogatory Nos. 6, 7, and 9.

I hereby certify that the state =ents and opinions in such response are true and correct to the best of my personal ,

l knovledge and belief. ,O l

. f.- 7e Cp Paul M. Kochary Sworn to and subscr before me this J R4 day bed of July, 1994.

1 n r 1 J. 4j Notary Public /

My commisgion expires:

'l ' w. 16 3 4

TOT (. ~'

4

.J.-II .594 05:74 ::7 EN: .03'LE Et<3 L;; TO TSLA  :. 0.:

UNITED STATES OF AMERICA NUCLEAR REGUI.hTORY COMMISSION  !

BEFORE TEE ATOMIC BAFETT AND LICENSING EOARQ k l In the Matter of  :

Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY, 11 A1  : 30-425-OLA-3

Re: License Amendment

'(Yogtle Electric Generating Plant, (Transfer to Units 1 and 2)  : Southern Nuclear) t  ;

18L37 No. 93-671-OLA-3 l

AFFIDAVIT OF RIcnRD M. CDOM l I, Richard M. Odom, being duly sworn, state as follows:

1. I am currently employed by Georgia Power Company as Engineering supervisor, Vogtle Electric Generating Plant.

2. I am duly authorized to verify Georgia Power Company's Response to Intervanor's Fifth Interrogatory and Document

,0

( ,/ Request, specifically the response to Interrogatory No. 2.

I hereby certify that the statements and opinions in such response are true and correct to the best of my personal

, knowledge and belief.

I f

a VD - GW Richard M.' Odom Sworn to and subycr4 bed

{ before me this : 2't day ,

of July, 1994. I i

'~N h % 0.5510 h b

J Notary Public

• d My commission -@ % expl 11 1. ires:

l G j

i 1

. JLL-22-195L2 ;4:5! ::Cr LCG LE TE.>. EL;PCP~ *C 9-;-2C4-53! 300  :.22 l

?

UNITED STAYES OF AMERICA 4

NUCLEAR REGULATORY COMMISSION l

I BEFORE THE ATOMTC SAFETY AND LICBMSING BOARD I

In the Matter of  :

• Docket Nos. 50-424-OLA-3

- GEORGIA POWER CQKPANY, g 31 50-425-OLA-3 1

~

Rei License Amandment

(Yogtle Electric Generating Plant, 8 (Transfer to l Units 1 and 2)  : Southern Nuclear)

, =

!  : ABLBP NO. 93-571-OLA-3 i

1 l AFFIDAVIT OF wwsmI sEXIBANE l

l I, Mehdi Shelbani, being duly svorn, state as follows:

i .

1. I am currently employed by Georgia Power company as j Engineering Supervisor, Vogtle Electric Generating Plant. *

2. I am duly authorized to verify Georgia Power company's l Response to Intervenor's Fifth Interrogatory and Document l Request, specifically the response to Interrogatory No. 12.

I j I hereby certify that the state::2ents and epinions in such 1

response are true and correct to the best of my personal 4 knowledge and belief.

hAIf/l l Mahdi Sheibani Sworn to and subscribed before me this Aged day of July, 1994.

Mts A/. Ow Notary Public #

My conomission expires:

5-f-9S~

O

I

{ TA.-22

• N rFt ;J:0; iD: --

.c.

g;;3 p;a ,,

i SENT SY:WPC 50/C  : 7-21-94

• A:1$Pv. l TROUTuN SANDERS- 70! 825 3!89:s a t

) UNITED STATES OF AEIRZCA l - EUCLEAX REstTLATORY CQIBMIESION

{ marans ern 1Torve s1F3TY he LICEN3IMA BOARD 1

i In the Matter of a

!  : Beaket Nos. 56-424-cL1-3 j emonsza Powna centra 3fT, 21 g.  : 30-423=aLA-3 1

Re Lisense Amandaeat (Yogtle Electria Generating Plant, s (Transfer to

,' Faits 1 and 2)  : southern Nuclear) a j ASL3F NO. 93-671-OLA-3 i A.FFIh1 TIT QF SLORIA W. TALIII i

2, Gloria W. Walker, being duly sworn, state as follows:

.j 1. I a= currently exployed by Georgia Power company as

~

senior Secretary, vogtle Electric Generating Plant.

2. I am duly authorised to verify Gacrgia Power Company's .

Response to Intarvanor's Fifth Intarrogatory and Document

( RaquAst, specifically the response to Interrogatory No. 11.

I hereby cartify that the statements and opinions in such response are t:.se and correct to the bas: of my perscnal knowledge and belier.

v .

j31cria W. Walker sworn to and subearibed before as this day of July, 1994.

Notary Public My counsiesion expires:

O.......... . .. ... .. ... ... . . .

i 9'L-II '34 4 .a:x

.L: c . .o . g .g j

i l

l UNITED STATES OF AMERICA

' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING EOARD 1

i i In the Matter of a j  : Docket Nos. 50-424-OLA-3 j GEORGIA POWER COMPANY, et 11  : 50-425-OLA-3 i

}  : Re: License Amendment j

(Vogtle Electric Generating Plant, : (Transfer to j Units 1 and 2)  : southern Nuclear) 8 i  : A8LEP MO. 93-671-OLA-3

}

} AFFIDAVTT OF FRED C. WARREN i

! I, Fred C. Warren, being duly sworn, state as follows:

i e

1. I am currently esployed by Georgia Power Company as

( Outage Area Coordinator, Vogtle Electric Generating Plant.

l 2. I am duly authorized to verify Georgia Power Company's .

i j Response to Intervenor's Fifth Interrogatory and Document i

j Request, specifically the response to Interrogatory No. 16.

I hereby certify that the statements and opinions in such l

! respense are true and correct to the best of my personal l

knowledge and belief.

i AN D l Fred C. Warren i

l Sworn to and subscribed before me this M n/ day of July, 1994.

h f$ Y a /Jw l NoY.ary Public #'

1 My commission expires:

} El-f-94 i

l 4

4 i

l j

I

- .T.L-22-1994 14:!! F:7 L'GTLE ECH. SLccCRT TO -l-404-IE!-39CO P.02 UNITED STATES OF i m ICA NUCLEAR REGULATORY CD)OCISSION BEFORE TER ATONIC SAFETY AND LICENSING 50ARD In the Natter of a Docket Nos. 50-424-OLA-3 I GEORGIA POWER COMPANY, Lt; 31  : 50-425-OLA-3 Re: License Amendment (Vogtle Electric Generating Plant, (Transfer to Units 1 and 2)  : southern Nuclear) 1 ASLEP NO. 93-671-OLA-3 AFFIDAVIT OF TBOKAs_E. WEBB I, Thomas E. Webb, being duly sworn, state as follows:

1. I am currently employed by Georgia Power Company as .

Senior Engineer, Vogtle Electric Generating Plant.

j 2. I am duly authorized to verify Georgia Power Company's 1

j Response to Intervenor's Fifth Interrogatory and Document 1

Request, specifically the responses to Int.errogatory Nos. 1 and 2.

j I hereby certify that the statements and opinions in such

! response are true and correct to the best of my personal i

l knowledge and belief.

8//' h Thomas E. Webb 1

i Sworn to and subscribed l before me this ## M day

} of July, 1994.

j f

Notary Public /

PrlW l My commission expires:

1 & f- 9S i

\ \

i l

1 i_

I July 22,1994 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 g 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 CERTIFICATE OF SERVICE I hereby certify that copies of Georgia Power Company's Responses to .

Intervenor's Fifth Interrogatory and Document Request, dated July 22,1994, were served .

by express mail upon the persons listed on the attached service list or, where indicated by an asterisk, by U.S. mail, this 22nd day of July,1994.

c46 Thomas L. Penland, Jr.

tw[#

l i

TROUTMAN SANDERS

Suite 5200 4

600 Peachtree Street, N.E.

, Atlanta, Georgia 30308-2216 j (404) 885-3360 e

i

!O 9

m.m.* ..--.w,w..-, # .e-.--,r--,v.+ ,,m,.m- ,,,..,,..c.-, --w.,m.-- -m- . . , -,--

i

^

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

• at al.

• Docket Nos. 50-424-OLA-3

• 50-425-OLA-3 (Vogtle Electric

• Re:

Generating Plant,

• License Amendment Units 1 and 2) * (Transfer to Southern

_ Nuclear)

)

• SERVICE ASLBP No. 93-671-01-OLA-3 LIST Administrative Judge 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 Rockville, MD 20852 Pike Office of the Secretary U.S. Nuclear Regulatory Administrative Judge Commission

.s James H. Carpenter Washington, D. O. 20555 ATTN: Docket.ing and Atomic Board Safety and Licensing

[\~- Services Branch 933 Grenn Point Drive Oyster Point Charles Barth, Esq.

Sunset Beach, NC 28468 Office of General Counsel i

Administrative Judge Stop White One 15B18 Flint North )

Thomas D. Murphy U.S. Nuclear Regulatory  ;

Atomic Safety and Licensing Commission Board Washington, D. C. 20555 U.S. Nuclear Regulatory I Commission

• Director  !

Two White Flint North Environmen,tal Protection '

i 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 i

Ona White Flint North

] 11555 Rockville Rockville, MD Pike i

20852 5

4

---

m-.-. . , - . , , , , , , ..-- _ , , , . - , - . , - , .

(' 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 )

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

.t1 i , )

) Re: License Amendment.

(Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 1sVTb INTERVENOR' S -F4F-TH INTERT.OGATORY AND .

DOCUMENT REOUEST TO GEORGIA POWER COMPANY l i

I. INTRODUCTION Pursuant to 10. C.F.R. 52.740(b) and 52.741, Intervenor

,I s/ Allen Mosbaugh hereby requests that Georgia Power Company

-(hereinafter referred to as "GPC") answer the following j

- interrogatories in writing and under oath and produce documents identified in response to the below identified interrogatory questions. Intervenor requests that responses be filed within 14 l days from the service of this request and that all relevant ,

1 documents be made available for inspection and copying within 14 days. Intervenor requests that these document be produced within 30 days from the service of this request.

+

II. INSTRUCTIONS A. If you cannot answer a particular interrogatory in full, 1

after exercising due diligence to secure the information to do

. so, so state and answer to the extent possible, specifying and n

-.,.y,_ . . , .,-

y. - . . ..y ,y c_. , , . ~ , - , , . - - - . . . , - - , . _

.c.-, ,.,_w.,--., .-,.,,.m.. ,_ ,__,,,w ,, e e-y ... _ _ .,.. - -

\

I i

l~

I; l-

f- explaining you inability to answer the remainder and stating t

!\

t whatever information or knowledge you have concerning the unanswered portion.

B. Each interrogatory is a continuing one, and should be i

supplemented as required by 10 C.F.R. 52.740(e).

I C. If you claim that any information which is required to I

be provided by you in your response to any of these interrogatories is privileged or immune from discovery:

1. Identify the portion of the interrogatory to which such information is otherwise the response;

2. If the information is a document or oral communication, identify the document's title or the oral i

communication and state the general subject matter of the document or oral communication; )

(,)s')_

s 3. If the information is a document or oral .

I communication, state the date of the document or oral j communication.

4. If a document, identify its author (s) and the i person (s) for whom it was prepared or to whom it was sent, including all persons who received copies; .

J i

S. If an oral communication, identify all persons  !

present at the time of the oral communication;

6. State the nature of the privilege or immunity claimed; and

7. State in detail each and every fact upon which you base your claim of privilege or immunity from discovery.

I

(~ 2 V

l l

l r ,

s D. In each case where you are asked to identify or to state

' the. identity of a document or where the answer-to the i.

( interrogatory refers to a document, state with respect to each i

such document:

l 1. The identify of the person who prepared it;

2. The identity of all persons who reviewed or

! approved it;

3. The identity of the person who signed it, or over whose name it was issued;

4. The identity of the addressee or addressees;

5. The nature and substance of the document with ,

sufficient particularity to enable the same to be identified;

6. The date of the document; and

7. The present location of the document and the identity and address of each person who has custody of the document.

E. In each case where you are required to identify an oral communication, or where the answer to the interrogatory refers to an oral communication, state with respect thereto:

1. The date and place thereof;

2. The identity of each person who participated in or heard any part of the communication;

3. If the communication was by telephone, so indicate and state who initiated the telephone call; O

G p--y.g. w WW+ +- +- +q- -c*----- #- gym -

,,+--g a r--gy--r-ppw ap * --g9---9 g g ye-e 4- ?

s

f. 4. The substance of what was said by each person who

('

participated in the communication; and

5. The location and the identity and address of the custodian of any document (including any mechanical, magnetic, electrical or electronic recording) that recorded, summarized, reported or confirmed the oral communication.

F. In each instance where you are asked to identify or state the identity of a person, or where the answer to an interrogatory refers to a person, state with respect to each such person:

1. His/her name;

2. His/her last known business and residence addresses and telephone numbers;

3. If an individual, his/her business affiliation or O

s-) employment at the date of the tr.ansaction, event or matter referred to; and

4. If a corporation or association, the business ci activity in which it was engaged at the date of the transaction, event or matter referred to.

III. DEFINITIONS

1. The tern "NRC" shall mean every past or present employee of the Nuclear Regulatory Commission, any investigative .

body, office or subdivision of the Nuclear Regulatory Commission, i

every past or present Commissioner of the Nuclear Regulatory Commission.

bi 5d L

f l

,s- 2. " Document" shall mean every instrument or device by (N- l' which, through which or'on which information has been recorded including those reflecting meetings, discussions or conversations; notes; letters; drawings; files; graphs; charts; maps; photographs; deeds; studies; data sheets; notebooks; books; appointment calendars; telephone bills; telephone messages; receipts; vouchers; minutes of meetings; pamphletse computations; calculations; accounting (s) ; financial statements; I

vcice recordings; computer printouts; and device or media on which or through which information of any type is transmitted, recorded or preserved. The term " document" alse means every copy of a document when such copy is not an identical duplicate of the original.

3. "Contacta means any and all comniuni:ation by any means o

k,) whatsoever that involved a transfer of information, whether written, cral or in any other form, including discussions, letters, memorar.da, telenhone calls, or telegrams.

4. The term " identify" means:

a. As to conversations, stating the parties of the conversation, the date of the conversation, the subject matter of ti- conversation, and the portions of the conversation responsive to the particular interrogatory;

b. As to the individuals, stating their name, business address, position or job, their relation, if any, to the parties in this proceeding, and theu pr-sent or former affiliation or contact with Respondent; l

l l , 5 I(s)

(

i i

k L _ _ __---_-_

c. As to meetings and contacts, stating the date of each esch meeting or contact, the participants and the titles of those participants, and the substance thereof. Identify all documents written during, or as a result of, such meeting or contact. Identify all communications preceding, during, and subseciuent to such meeting or contact.

6. As used herein, the terms " Licensee", " Georgia Power company", "The Southern Company", "SONOPCO", "you" and "your" and any other derivative therefrom are intended to, and shall, emLrace and include any agent or employee of Georgia Power Company, The Southern Company, and/or SONOPCO, past or present, their counsel and all their respective agents, servants, associates, employees, representatives, private investigators, and others who are or have been in possession of or may have obtained information for er en behalf of Georgia Power Company, The Southern Company, and/or SONOPCO.

IV. INTERROGATOR!ES AND DOC'JMENT REOUES15

1. State whether the list of diesel starts prepared by Mr.

Webb on April 19, 1990, is in existence. If it exists produce a copy of it.

2. In reference to Mr. Webb's April 19, 1990 diesel start list respond to the following:

a) identify every person who received a copy of it; b) identify any documents it was used to prepare or create; 9

c) identify the last person known to have seen it or a copy of it; d) state in detail how it was discovered that it had been lost or destroyed on or about April 30, 1990;

3. Produce all Outside Operator Round Sheets that document Diesel Generator blowdown of air receivers, from 1989 to present, as identified by Kenneth Stokes during the course of his deposition.

4. Produce the full work order package documenting the April 6, 1990 inspection of Diesel Generator 1A air receiver and any other air receiver inspections which occurred after the Site Area Emergency.

5. Produce any documents which discuss, mention, or infer the discovery or presence of water in the diesel generator air systems, from 1989 to present.

6. State the date the NRC first dis H the preservation of root cause evidence and/or the quaranti e of the 1A diesel generator with GPC/ Southern Nuclear.

7. Identify the technicians and/or operators who advised Paul Kochery of water being discovered in the diesel starting air system.

8. State the identity of any individuals who may have told .

Ken Holmes that there may be water in diesel trip lines.

9. Identify all Cooper Industry personnel who performed physical work on diesel trip lines.

I b) l - - - - - -

c. As to meetings and contacts, stating the date of each such meeting or contact, the participants and the titles of those participants, and the substance thereof. Identify all documents written during, or as a result of, such meeting or contact. Identify all communications preceding, during, and subsequent to such meeting or contact.

6. As used herein, the terms " Licensee", " Georgia Power Company", "The Southern Company", "SONOPCO", "you" and "your" and any other derivative therefrom are intended to, and shall, embrace and include any agent or employee of Georgia Power Company, The Southern Company, and/or SONOPCO, past or present, their counsel and all their respective agents, servants, associates, employees, representatives, private investigators, and others who are or have been in possession of or may have obtained information for or en behalf of Georgia Power Company, The Southern Company, and/or SONOPCO.

IV. INTERROGATORIES AND DOC'2<ENT REOUESTS

1. State whether the list of diesel starts prepared by Mr.

Webb on April 19, 1990, is in existence. If it exists produce a copy of it.

2. In reference to Mr. Webb's April 19, 1990 diesel start list respond to the following:

a) identify every person who received a copy of it; b) identify any documents it was used to prepare or create; 6

l

c) identify the last person known to have seen it or a copy of it; d) stat 6 in detail how it was discovered that it had been lost or destroyed on or about April 30, 1990;

3. Produce all Outside Operator Round Sheets that document Diesel Generator blowdown of air receivers, from 1989 to present, as identified by Kenneth Stokes during the course of his deposition.

4. Produce the full work order package documenting the April 6, 1990 inspection of Diesel Generator 1A air receiver and any other air receiver inspections which occurred after the Site Area Emergency.

5. Produce any documents which discuss, mention, or infer the discovery or presence of water in the diesel generator air systems, from 1989 to present.

6. State the date the NRC first discussed the preservation of root cause evidence and/or the quarantine of the 1A diesel generator with GPC/ Southern Nuclear.

7. Identify the technicians and/or operators who advised Paul Kochery of water being discovered in the diesel starting air l l

system. '

8. State the identity of any individuals who may have told .

Ken Holmes that there may be water in diesel trip lines.

9. Identify all Cooper Industry personnel who performed physical work on diesel trip lines.

O

10 Produce all Nuclear's documents computer files (in contained a) c l identified in 92uding Historicin GPC and/or thern Sou Bates PROJECT computer files):

b) numbers

.j 11 identified 055896 55899; and 0 documents ed by identifi State in " BASE date a

a file is whether " BASE SYSTEM" files .

created or SYSTEM" files i computer printout revised.

If the nclude the time

\

12 of and files Identify and this information. answer is yes, prod produce uce contained in a August 30, any computer computer file listi 1990,

\ Bockhold,

\

used by Jack system, from March 0, 2 ng of all Skip Kicthens ,

Stringfellow 1990 to acting on their b 13 ehalf. George Hairston , James Bailey, Georg e Produce , Ken McCoy or all anyone listings in Numb 14.

er 12, files identifiedin the above .

20, 1990 Produce all computer file through documents the present received Generator reliability, from the NRC concerning the SAE or that relate to eth LER, from March

. any communication COA, documents to be (Interv enor Diesel 15 contained s from the NRC March Identify any and in the NRCexcludes s from thi 20, 1990 all Public Document Rrequest any through FOIA request fil oom.

generators, Allen M present, Report. osbaugh, relating in ed on the NRC from 16 the Site Area E any way to diesel With Respect mergency or the OI -

i Bates number 054870, to the 92 PROJECT docum identify the per son ent identified by responsible for fil 8 ling I

f-m 10. Produce all documents contained in GPC and/or Southern Nuclear's computer files (including Historic computer files):

a) identified in 92 PROJECT documents identified by Bates numbers 055896 and 055899; b) identified in " BASE SYSTEM" files.

11. State whether " BASE SYSTEM" files include the time and i date a file is created or revised. If the answer is yes, produce i a computer printout of this information.

12. Identify and produce a computer file listing of all files contained in any computer system, from March 20, 1990 to August 30, 1990, used by Jack Stringfellow, James Bailey, George Bockhold, Skip Kicthens, George Hairston, Ken McCoy or anyone acting on their behalf.

13. Produce all files identified in the computer file

[,,/h

(- listings in Number 12, above.

14. Produce all documents received fr.: the NRC from March )

i 20, 1990 through the present, that relate to the LER, COA, Diesel Generator reliability, or any communications from the NRC concerning the SAE. (Intervenor excludes from this request any documents to be contained in the NRC Public Document Room.

15. Identify any and all FOIA request filed on the NRC from March 20, 1990 through present, relating in any way to diesel .

generators, Allen Mosbaugh, the Site Area Emergency or the OI Report.

16. With Respect to the 92 PROJECT document identified by Bates number 054870, identify the person responsible for filling l \!O

\ ,)

l i

l - - -

out the document (i.e. identify person whose handwriting is on the document) and identify the person named Warren listed as the "SUPV." OR "COORD.".

17. Produce all documents, that Intervenor has requested in previous request for documents in this phase of discovery, which Licensee has not previously produced.

18. Produce all documents used to or created by responding to the above interrogatories and document request.

Respectfully submitted,

[i '1 _1.

u n ,3 ,/ ; r.. c /.,c.-f' m .

Michael 'D. Kohn Mary Jane Wilmoth KOHN, KOHN AND COLAPINTO 517 Florida Avenue, N.W.

Washington, D.C. 20001-1850 (202) 234-4663

() Da'ted: July 8, 1994 Attorneys for Intervenor CERTIFICATE OF SERVICE mA I hereby certify that a copy of Intervenor's Prfth Interrogatory and Document Request to Georgia Power Company was served this 8th day of July, 1994 by hand-delivery upon counsel to Licensee, David R. Lewis, Esq., located at Shaw, Pittman, Pitts & Trowbridge, 2300 N Street, N.W., Washington, D.C.;

Charles Barth, Esq., Office of General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555; and by first class mail upon the persons listed in the attached Service List. -

By: (0/ /* , s' A1*f id $'w Ma'yr Jane Wilmoth, Esq.

KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

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

I

9 0

Op 4

,g '

g gg L gs;. # o s

<$,s eg>  ? s

<g.ep%t-

?4

• eg  %**

$ og 5 y 5-

"I*'s w3;i b

'h' ,/t ,,.g g

• % s 94 se$,sw' !S - o -

\

I5 - o ,

y,

, .*t

$,%S S

%, g 'q'5

.). s g

.a

"+k" 5

' s $,,.

5 ,e

$s- .,

/

'IS .> _o ,g e ** .' s, g

's".

9 4 ,-

,,ag. . s% , e, '

,0, S. s u

Ss<g[g%

3s  %$$%

"o$,"$

S.,

"$~h'e'"\,$s S

s 5.O*,

,s,

%t%

Se e y 4o 5 4.s s\3Jp;.sgA s $.

5* Sgsgs

.e.se ,5 so.k g%o' s\

2 O

\*S0,

/

s xNx

Exhibitb,page of UNITED STATES OF AMERICA

/a

\v) NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

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

.e.1 AL_, )

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

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 JERVICE LIST Administrative Judge Peter B. Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge James H. Carpenter 933 Green Point Drive Oyster Point Sunset Beach, NC 28468

( ,f Administrative Judge Thomas D. Murphy Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John Lamberski, Esq.

Troutman Sanders Suite 5200 l 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 Office of the Secretary Attn: Docketing and Service .

' U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555

( 301\ cert.lis i

,