ML20087G527

Georgia Power Co Response to Intervenor Motion to Complete Discovery Against NRC Staff.* Intervenor Should Be Obligated to Follow Prehearing Schedule Established Months Ago in 950118 Memorandum & Order.W/Certificate of Svc

ML20087G527
Person / Time
Site:	Vogtle
Issue date:	03/31/1995
From:	Joiner J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Atomic Safety and Licensing Board Panel
References
CON-#295-16563 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9504060099
Download: ML20087G527 (5)

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March 31,OCKETED (k$gg; m UNITED STATE 3 OF AMERICA l NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Board DFFICE OF SECiiETMQ 00CKt i W" E ' " i ip n

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

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

et al. ) Re: License Amendment i

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

) ASLBP No. 93-671-01-OLA-3 l GEORGIA POWER COMPANY'8 RESPONSE TO l INTERVENOR'S NOTION TO COMPLETE DISCOVERY AGAINST NRC STAFF On March 22, 1995, Intervenor filed three documents:

Intervanor's Notice of Deposition of Roy P. Zimmerman and Luis A.

Reyes, Intervenor's Notice of Deposition of James L. Milhoan and NRC Representatives; and Intervenor's Motion to Complete Discovery Against NRC Staff. By its Memorandum and Order (Motion ,

to Reopen Discovery) of March 30, 1995, the Board in addressing an earlier March 16 Intervenor motion to compel immediate discovery responses, has already largely dealt with Intervenor's 1

March 22 pleadings. Thus, the Board found Intervenor has failed to show the existence of exceptional circumstances that would i warrant granting a request to depose Mr. James L. Milhoan or i

other Staff personnel pursuant to 10 CFR S 2.720(h) (2) (ii); it noted the Staff's March 29 offer to make Messrs. Zimmerman and Reyes available for deposition on April 25 and offered to assist in scheduling if th'at would be helpful; and with regard to I a

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Intervenor's request for documents, it reminded all parties of their duty to supplement earlier discovery requests and ordered that all parties promptly supplement earlier responses to timely-filed interrogatories about the diesel generators.

There remains only one aspect of Intervenor's March 22 Motion to complete Discovery that has not been explicitly addressed by the Board. Based on the extensive additional discovery he expected to be granted, Intervenor boldly seeks an extension of at least a month (no date is established) to file his prepared written testimony and submit subpoena requests.' In light of the Board's rulings on Intervenor's discovery requests, there is no basis for such an extension. To the extent that anything of moment results from the Zimmerman/Reyes deposition which suggests the need for additional testimony or exhibits, Intervenor can make a good cause showing for those additions. In the meantime, Intervenor should be obligated to follow the prehearing schedule established months ago in the Board's Memorandum and Order of January 18, 1995, including filings on April 3, negotiations on April 5-6, prehearing conference on April 7, and prefiled findings on April 11.

3 Although the Motion is silent on exhibits, we expect that Intervenor would logically defer his identification of exhibits as well.

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Respectfully submitted, f

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a'm e's E ._. Joiner John Lamberski TROUTMAN SANDERS Suite 5200 c.

600 Peachtree Street, N.E.

Atlanta, Georgia 30308-2216 (404) 885-3360 Ernest L. Blake, Jr.  ;

David'R. Lewis SHAW PITTMAN POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8000  ;

Dated: March 31, 1995

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UNITED STATES OF AMERICA 3

NUCLEAR REGULATORY COMMISSION ~ j Before the Atomic Safety and Licercina Board 95 APR -3 P2 :49 0FFICE Of SECRETARY l

) DOCKETING & EEWICE i In the Matter of ) Docket Nos. 50-424-OLA;3]ANCH

) 50-425-OLA-3 )

GEORGIA POWER COMPANY, ) 5 et al. ) Re: License Amendment

) (Transfer to Southern-(Vogtle Electric Generating ) Nuclear) 3 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 Response to Intervenor's Motion to Complete Discovery Against NRC i

Staff dated March 31, 1995, were served on all those listed on the l attached service list by express mail delivery or, where indicated with an asterisk, by facsimile this'31st day of March, 1995.

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UNITED STATES OF AMERICA' NUCLEAR REGULATORY COMMISSION .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '

- In the Matter of

- GEORGIN POWER COMPANY, *

. Docket Nos. 50-424-OLA-3 e al. * -

50-425-OLA-3  !

-'(Vogtle Electric Generating Plant,

• Re: License Amendment -

Units 1 and 2) (Transfer to Southern Nuclear)

ASLBP No. 93-671-01-OLA-3_

SERVICE LIST

• Administrative Judge Stewart D. Ebneter' ,

Peter B. Bloch, Chairman Regional Administrator i Atopic Safety and Licensing Board USNRC, Region II  !

U.S. Nuclear Regulatory Commission Suite 2900 Two White Flint North 101 Marietta Street, N.W. ,

11545 Rockville Pike Atlanta, GA 30303

- Rockville, MD 20852

• Administrative Judge James H. Carpenter SOffice of the Secretary

. Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission

~ 933 Green Point Drive ATTN: Docketing and Services Branch Oyster Point Washington, D.C. 20555 Sunset Beach, NC 28468

• Administrative Judge Thomas D. Murphy

• Charles Barth, Esq.

Atomic Safety and Licensing Board Mitzi Young, Esq. >

U.S. Nuclear Regulatory Commission Office of General Counsel l Two White Flint North U.S. Nuclear Regulatory Commission 11545 Rockville Pike One White Flint North Rockville, MD 11545 Stop 15B18 Rockville, MD 20555

• Michael D. Kohn, Esq.

Kohn, Kohn & Colapinto, P.C. Director, Environmental Protection 517 Florida Avenue, N.W. Division Washington, D.C 20001 Department of Nautral Resources Suite 1252, 205 Butler Street, S.E.

- Office of Commission Appellate Atlanta, GA 30334 Adjudication One White Flint North 11555 Rockville Pike Rockville, MD 20852 I

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