ML20086T027

Applicant Response to Campaign for Prosperous Georgia (Cpg) 840224 Memorandum Re Location of Hearing.Cpg Has No Reason for Departing from NRC Policy & Ignores Fact That Project Ofc Moved from Atlanta to Site.W/Certificate of Svc

ML20086T027
Person / Time
Site:	Vogtle
Issue date:	03/01/1984
From:	Trowbridge G GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8403060090
Download: ML20086T027 (8)

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UNITED STATES OF AMERICA '84 W,R -5 P1 :14 NUCLEAR REGULATORY COMMISSION 5 tic!?

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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GEORGIA POWER COMPANY, ET AL. ) Docket Nos. 50-424

) 50-425 (Vogtle Electric Generating Plant, )

Units 1 and 2) )

APPLICANTS' RESPONSE TO MEMORANDUM OF CAMPAIGN FOR A PROSPEROUS GEORGIA CONCERNING LOCATION OF HEARING By memorandum dated February 24, 1984, the Executive Director of Campaign for a Prosperous Georgia (CPG) reiterated CPG's previous request, filed with its petition to intervene dated January 26, 1984, that hearings in this proceeding be held in Atlanta, Georgia, rather than in the vicinity of the Vogtle plant. Applicants opposed the initial request in their response to the petition to intervene, dated February 10, 1984.

For the reasons stated below, Applicants continue to oppose the request.

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k CPG continues to ignore the stated policy of the NRC that license hearings for nuclear power plants be held in the

. vicinity of the plant, particularly in the early phases of the hearing. ThusSection I(a) of Appendix A to the Commission's Rules of Practice states explicitly that "[ilt is the Commis-sion's policy and. practice to begin the evidentiary hearing in the vicinity of the site of the proposed facility." It has also been the NRC's standard practice, in the absence of com-pelling reasons to the contrary, to hold all subsequent eviden-tiary sessions near the plant.

CPG has provided no persuasive reason for departing from established NRC policy. Its only argument is based on the convenience of CPG in that CPG's offices, resources and counsel are located in Atlanta. It ignores completely the fact, as stated in Applicants' response to the petition to intervene, that Applicants recently moved the entire Vogtle Project Office from Atlanta to the Vogtle Plant site and that most of Appli-cants' management and technical personnel who can be expected

to play a support or direct role in the proceeding will be lo-cated at the Vogtle site. The Lic.9nsing Board is, of course, aware that the applicant in NRC hearings has the bitrden of proof on all contested issues. In most licensing hearings it is the applicant who provides the bulk of the testimony and most of 2

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the witnesses. It is also necessary for the applicant to have either in attendance at the hearing or available on short notice a large number of technical personnel who can be called upon promptly for additional information or supplemental testimony as developments in the hearing require. Proximity of both wit-nesses and supporting personnel adds greatly to the efficiency of the hearing process while avoiding unnecessary disruption in the conduct of the applicant's normal activities. In contrast, CPG has not indicated that its " resources" in Atlanta include any prospective witnesses or other technical personnel, much less the large supporting cast which Applicants must bring to the proceeding.

CPG further ignores the very purpose of holding hear-ings in the vicinity of the site, i.e. to allow persons in the area to observe or to participate through limited appearances in the hearing. CPG refers disparagingly to two letters from George DeLoach and Ray DeLaigle, dated February 10, 1984, re-questing that the hearings be held in Waynesboro or Augusta.*

Mr. DeLoach is the Mayor of Waynesboro and Mr. DeLaigle is the

• Applicants' counsal obtained copies of these letters from Docketing and Service after learning of their existence from CPG's February 24 memorandum. We have been advised by Docketing and Service that copies of the letters were served on the Board-and parties on February 14, 1984, but they have not yet been received by Applicants' counsel.

Against the possibility that others may not have received their copies, tl.e letters are reproduced as attachments to this response.

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L Chairman of .the Board of Commissioners of Burke County. Both ask simply that the hearings be held in the vicinity of the plant so.that the people most affected can attend the hearing. CPG's suggestion that their letters be ignored because they had not themselves previously requested that a hearing be held simply misse.s the point.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE f a u l' m M or h F. Trowbridge,[.C.

Ernest L. Blake, P.C.

Counsel for Applicant l

I Dated: _ March 1, 1984 L

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" g 'I GEORGE L DeLoaCH / l CITY COUNCIL u.y, e l Md O CHARLES ECONoMOS T.J. BRANTLEY J C. GRIGGS Aomnste, h4 fU l/, All:38 R u. sARoEN 828 Myrick Streel

• Waynesboro, Georgia 30830

• Phone 404 554 5112 00ROTHY LATiMORE GARY GLOVER HARVEY L SAPP Attomey f.,FF; i , s

.." JOHN W. WALKER 10 ES M kC.h8 g5" TNUMBER r r'.:u. c. UT!L Fi Ek ~ to -

SERVED FEB 14194 Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Sir:

I recently read in the Federal Register that a public hearing to intervene in the activation and operation of Plant Vogtle is being considered. This public hearing is tentatively scheduled to be held in Atlanta.

Request that if, in fact, a public hearing is held that consideration be given to having it in this vicinity in order that people who are directly affected by the plant may attend. We have adequate facilities in the City that will accommodate 500 persons, or Augusta, Georgia (28 miles north) has facilities that couJd be reserved for this purpose.

I feel that it is imperative that persens who reside in Burke County and the City of Waynesboro area be afforded an opportunity to attend the hearing without having tc travel 300 miles to Atlanta.

Your consideration in this request will be appreciated.

Sincerely,

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COMMS840NERS ,, - ' " ' " ~

RAY DELAIGLE. Charmen Uoarb of Commissioners O 7 f Ourke County ADENISTRAT!R i O.1. Waynocoro. Ga. C.W. HOPPER. JR.

P.O. BOX 62 Waynescoro. Ga.

WOOOROW HARVEY WAYNESBORO. GEORGIA $3(jf.] j,'r Gough. Ga. All :40 supt. or RoAos i HERMAN LOOGE MEETNGS EVEPY SECoNO TUESDAY WILUAM 8 MACKEN JR ouaker Rd. Waynesboro. G4 T M.LoVETT

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--e 3 7.nry ,g, 1 g gQfC..i. i;.. 2 3E!liCH ATTORNEY SPENCER READV P.o. 632. Waynesboro. Ga. U C Q ... las...; d P B. LEWIS. JR.

Waynesboro. Ga.

PROD. " UTIL FACN.db .

SER'ED Fr.B 21 mo4 Secretary of he Cornissicr U. S. Nuclear Regulatory Com.ission Washington, D. C. 20555

Dear Sir:

It has been brought o .y attention that hearings are being scheduled on Georgia Power Company's request for a license to operate Plant Vogtle located in our County. It is my understanding that there is a possibility that these hearings till be held outside of the County and possibly as far away as Atlanta.

We would like to respectively request that every possible consideration be given to holding these meetings in Burke County if there are adequate facilities available. We feel that our Citizens, who are the ones that will be most affected, should be given an opportunity to attend these hearings if they so desire and should no be required to travel a great distance in order to

. attend. If available facilities in the County are not sufficient for your needs, the next test solution for our citizens would be to hold the hearingt in Augusta.

Thank you for your Ocnsideraticn of this matter.

Ver truly yours,

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Ray eLaigle Chairman RD:lf r-Qu f^f #

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March 1, 1984

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84 iMR -5 P1 :14

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD s' ,

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GEORGIA POWER COMPANY , ET AL'.' ) Docket Nos. 50-424 j., *

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• I hereb'y certify that copies

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T of " Applicants' Response to Memorandum-of Campaign for a Prosperous Georgia Concerning 4 -

Locati'on of Hearing," dated March 11, 1984', were served upon the

, i persons on the attache'd Service List by deposit in the United s'

States mail, postage prepaid, or where indicated by an asterisk s

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by habil delivery, this 1st day of March, 1984.

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.' 4~ Geor/ . ge F. Trowbridge ,/ P. / C.

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. Dated: March 1, 1984 a

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e UNITED STATES OF AMERICA NUCLEAR REGUIRIORY CONISSION BEFOFE 'INE ATCMIC SAFErY AND LICENSING BOARD In the Matter of )

)

GB01GIA POWER CCMPANY, ETT AL. _

) Docket Nos. 50-424

) 50-425 (Vogtle Electric Generating Plant, )

Units 1 and 2) )

SERVICE LIST

• }brton B. Margulies, Chairman Atcznic Safety and Licensing Appeal Atomic Safety and Licensing Board Board Panel U.S. Nuclear Re7alatory Comnission U.S. Nuclear Regulatory Ccarrnission Washington, D.C. 20555 Washington, D.C. 20555

• Mr. Gustave A. Linenberger Docketing ard Service Section Atcsuic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Ccmnission U.S. Nuclear Regulatory Ccmnission Washington, D.C. 20555 Washington, D.C. 20555 r-

• Dr. Oscar H. Paris

• Bernard M. Bordenick, Esq.

Atcznic Safety and Licensing Board Office of Executive Iagal Director U.S. Nuclear Regulatory Ccanission U.S. Nuclear Regulatory Comnission Washington, D.C. 20555 Washington, D.C. 20555 Atcmic Safety and Licensing Board Tim Johnscm Panel Canpaign for a Prosperous Georgia U.S. Nuclear Regulatory Ccmnission 175 Trinity Avenue, S.W.

Washington, D.C. 20555 Atlanta, GA 30303 Douglas C. Teper Carol A. Stangler 1209 N. Decatur Ibad 425 Suclid Terrace Atlanta, GA 30306 Atlanta, GA 30307 Jeanne Shorthouse Dan Feig 507 Atlanta Avenue 1130 Alta Avenue Atlanta, GA 30315 Atlanta, GA 30307 Laurie Fowler & Vicki Breman Iegal Environmental Assistance Foundation 1102 Healey Building Atlanta, GA 30303 L . .. .. .

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