ML20086P596

Intervenor Motion to Clarify Record.* Requests Board to Clarify Record to Reflect That on 950517,exhibits Identified in List of Stipulated Exhibits,Were Received Into Evidence. W/Certificate of Svc

ML20086P596
Person / Time
Site:	Vogtle
Issue date:	07/10/1995
From:	Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#395-16898 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9507270060
Download: ML20086P596 (4)

Text

-

hh sfh'<S' 00CKETED USHRC t

, July 10,-1995 UNITED STATES OF AMERICA 95 JUL 17 P3 :18 i NUCLEAR REGULATORY COMMISSION  :

ATOMIC SAFETY AND LICENSING BOANICE OF SECRETARY DOCKETING & SERVICE j Before Administrative Judges: BRANCH Peter B. Bloch, Chair -

Dr. James H. Carpenter  :

Thomas D. Murphy 1

)  !

In the Matter of ) ,

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

Et al , )

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

Plant, Unit 1 and Unit 2) ) ,

) ASLBP No. 93-671-01-OLA-3 INTERVENOR'S MOTION TO CLARIFY THE RECO_RR f i

COMES NOW Allen Mosbaugh, Intervenor in the above entitled i matter and moves this honorable Board to make a clarification so f that the record adequately reflects that the exhibits identified in the~ list of stipulated exhibits appearing in the pleading entitled "Intervenor's List of Stipulations Related to  !

Intervenor's Exhibits" (" Stipulated Exhibit List") were placed into the record on May 17, 1995 between Tr4 4738-4739.

I. BACKGROUND ,

4 I

On May 15, 1995 the parties commenced negotiating the admission of exhibits that could be admitted into evidence.  !

i i

These negotiations took place off the record. On the morning of

• May 17, 1995 Mr. Stephen Kohn, attorney for Intervenor, reported i

to the Board that the negotiations were near completion. Tr.

i 4633. At this time, Mr. Kohn stated, with respect to  !

Intervenor's prefiled exhibits, the procedure would be that  !

9507270060 950710 PDR G

ADOCK 05000424 PDR:

97 )0(k e

F'

"...once the stipulation is prepared, we're just going to move in the stipulation. So we don't have to. .use judicial time for the formalities of moving the document in as the examination progresses." Tr. 4634, li. 2-6. Chairman Bloch responded "That was the idea, yes." Tr. 4634, li. 7. The parties reached final agreement and at the commencement of the afternoon session, Mr.

Kohn moved to admit the exhibits in the stipulation, referring to the stipulated exhibit list "

.I would like this put into the record, and that the exhibits identified herein be considered admitted into evidence with the limiting instruction noted." Tr.

4737, li. 23-4738, li. 1. Chairman Bloch stated that " Georgia Power will verify, and then they'll hand it to the Staff, and the Staff will verify. And after the two verifications, it will come to the reporter." Tr. 4738, li. 17-20. After the Staff stated for the record that there were ongoing negotiations concerning tape transcripts which is indicated in the document, Chairman Bloch stated " .we also understand that some of the other things could result in agreements, but this is the current status which is an improvement. It should mean we can move a little faster.

Let's go." Tr. 4739, li. 4-8. Upon completion of the review by the Staff and Licensee the stipulation document was given to the ,

court reporter and was inserted into the transcript between pages )

l Tr. 4738 and 4739. The Staff alerted Intervenor that the record l

was not sufficiently clear as to the inclusion into evidence of ,

1 the exhibits identified in the stipulated list of exhibits.

2

II. ARGUMENT Staff has raised a concern to Intervenor that Chairman Bloch did not state formally on the record that the exhibits identified in the stipulation were " received into evidence". Intervenor believes that the binding of the stipulated list of exhibits into the record formalized the joint stipulation and acceptance of the ,

exhibits by the Board.2  :

III. CONCLUSION Intervenor, for the reasons stated above, hereby requests the Board to clarify the record so that it reflects that on May 17, 1995 at Tr. 4738-4739, the exhibits identified in the list of stipulated exhibits appearing in the pleading Stipulated Exhibit List were received into evidence.

Respectfully submitted, j />l~j { / t, b; '

Mary' Jarye/Wilmotti Stephen'M. Kohn KOHN, KOHN AND COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 Attorneys for the Intervenor Dated: July 10, 1995 301\ EXHIBIT.M02 2

During his cross examination of Licensee's witnesses, Intervenor acted under the belief that these exhibits were admitted into evidence. Intervenor would thereby be prejudiced by having to go back through the record to find where each exhibit was used and then argue for its admission. This process would be unduly burdensome on Intervenor.

3

00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 15 JL 17 P3 :18

)

In the Matter of )

0FFICE 0F SECRETARY

) Docket Nos. 50-424-OLID0tKETING & SERVICE GEORGIA POWER COMPANY ) 50-425-OLA-3 BRANCH pa a L., )

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

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE ,

it I hereby certify that the attached motion was served this krth day of July 1995 via hand delivery to the persons listed below:

Administrative Judge d Office of the Secretary Peter B. Bloch, Chair Attn: Docketing and Service Atomic Safety and Licensing Board U.S. N.R.C.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Mitzi Young / Charles Barth Thomas D. Murphy Office of General Counsel Atomic Safety and Licensing Board U.S. N.R.C U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge e Office of Commission James H. Carpenter Appellate Adjudication Atomic Safety and Licensing Board U.S. N.R.C. Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Ernest L. Blake, Jr.

SHAW, PITTMAN, POTTS &TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 f ((( / t l hN V ./

M'ary Jan'e Wilmoth KOHN, KDHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 C:\flLES\301\ CERT.M A hkWd\ 3 d J \ **- W l

( O$,' (.