ML20091S386

Georgia Power Co Response to Intervenor Motion to Admit Certain Admissions & Sections of OI Rept Into Evidence.* Georgia Power Neither Admit Nor Deny Admissions.W/ Certificate of Svc & Svc List

ML20091S386
Person / Time
Site:	Vogtle
Issue date:	08/22/1995
From:	Lamberski J TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Atomic Safety and Licensing Board Panel
References
CON-#395-17049 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9509080112
Download: ML20091S386 (9)

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DOCKETED Augush2Y199:i l UNITED STATES OF AMERICA i

'95 AUG 28 P3 :16 NUCLEAR REGULATORY COMMISSION C."FIC[ Or SECRETARY k

. Before the Atomic Safety and Licensing Board CDCUN P" " CE DVlCE

, it'H In the Matter of )' Docket Nos. 50-424-OLA-3  !

) 50-425-OLA-3 .

GEORGIA POWER COMPANY ) l etal. ) Re: License Amendment

) (Transfer to Southern Nuclear)

)

Vogtle Electric Generating Plant, )

Units I and 2) ) ASLBP No. 93-671-01-OLA-3 t i

GEORGIA POWER COMPANY'S RESPONSE i TO INTERVENOR'S MOTION TO ADMIT CERTAIN ADMISSIONS AND SECTIONS OF THE OI REPORT INTO EVIDENCE Background  !

Georgia Power hereby responds to Intervenor's August 11,1995 Motion to admit into evidence approximately one hundred and thirty admissions by Georgia Power Company in the  ;

Company's July 7,1994 Response to Intervenor's First Request for Admissions. Intervenor ,

requests that the OI Evidentiary Finding be admitted along with every unqualified admission, and that the Evidentiary Finding as well as supporting referenced documentation be admitted into  !

evidence if the Company did not provide an unqualified " admit" (iA, the Company provided a denial, an admission with clarification, or a response of neither admit nor deny).

Response

Georgia Power objects to the introduction of admission responses which are express

. denials or implicit denials (iA, neither admit nor deny). Under federal practice and procedure, these r' . d simply are not " admissions," and are not admissible. In addition, a general basis  !

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.4 g of denial or a general identification of conflicting information which precluded an admission or express denial may have been provided. Other or more specific bases for denial may exist, but l given the excessive number of requests for ammssion -- one for each OI Evidentiary Finding --

l Georgia Power's ultimate position on a particular Finding is not necessarily reflected in these

responses. Moreover, treating a denial or inability to admit or deny as Georgia Power's position on a particular matter when the record has not closed and witnesses -- some of whom were not 4

interviewed by OI -- are yet to testify would be manifestly unjust.

i Georgia Power does not object to admission into the record of the rc. quested OI findings l

listed in the Attachment to this Response. These are admissions or admissions with clarification.

The admissions may expedite or assist in structuring the Board's review. However, OI's i

characterization of interview notes and transcripts, and associated admissions, are not as reliable as the underlying evidence. ("The evidentiary value . . . . would not be as strong as the j evidence itself," Judge Bloch, Tr. 9313.) Therefore, for each admission, the related OI i Evidentiary Finding and any supporting referenced documentation should also be admitted at the same time. The Board should have full access to the underlying documents so that, for example, 4

it may resolve characterizations or vagueness in the Evidentiary Findings. Indeed, witnesses who i

sponsored admissions may consider that the underlying evidentiary documents are essential to place the admissions in context (Sec, for example Tr. 9306-7) Georgia Power also observes that the Staff has not admitted without qualification each of the Evidentiary Findings which Intervenor has sought to admit. Therefore, possible adoption by the Board of these Evidentiary Findings of Fact in this proceeding must await further pleadings, such as the Staff's Proposed Findings of Fact.

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-i With h.rpect to all' requested admissions, other than those in the Attachment, Georgia Power. takes 'the following position: 1 Allesmeian' No. l': ,

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1. - Georgia Power objects to the admission into the record of the following responses, .  ;;

which were not admissions: 25, 27, 28, 31, 32, 42,.44, 50, 61, 85, 160.

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2. Georgia Power requests of the following additional' admissions be admitted into the record, along with the related OI Evidentiary Finding and any suppordug referenced materials

, as a clarifying basis, to place the ' admitted Evidentiary Findings requested by Intervenor in

context: 39, 43, 48, 51, 52, 60, 74, 94, 163, 174 '

i 3. Georgia Power hereby amends its prior Responses based on new information:  ;

Evidentiary Finding 29 - Admit with clarification. Based upon his August j

[ 10,1995 testimony on this proceeding, Mr. Burr may have met with Mr. Cash and Mr.

Bockhold as well as Mr. Kochery. l

ii. Evidentiary Finding 62 - Admit with clarification that, based on her i

testimony in this proceeding, Ms. Dixon typed the hand written list and Mr. Cash orally

instructed her in the modification of the typed list.

iii. Evidentiary Finding 150 - Admit with clarification that, based upon his testimony in this proceeding, Mr. Cash was already at the Plant and was tasked at a meeting attended by Mr. Bockhold.

l Alleentian Noj; '

i 1.. Georgia Power objects to the admission into the record of the following responses, l

. which were not admissions: 16,36.

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2. Georgia Power requests of the following additional admissions be admitted into 1 the record, along with the related OI Evidentiary Finding and any supporting referenced materials as a clarifying basis, to place the admitted Evidentiary Findings requested by Intervenor in context: 17, 19, 41, 58.

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3. Georgia Power hereby amends its prior Responses based on new information:

i. Evidentiary Finding 54 - Admit with the clarification that the fax was from I SONOPCO-VOGTLE rather than to SONOPCO-VOGTLE.

ii. Evidentiary Finding 58 - Admit with the clarification that Mr. Burr was on the plane also.

Allegmelan No.3:

1. Georgia Power objects to admission into the record of the following responses:

9,10,12,13,14,21,24,32 and 33 on the basis that the related OI Evidentiary Findings merely ,

paraphrase taped statements for which there are transcripts already admitted into evidence. The OI findings are therefore cumulative, non-probative, and not the best evidence. Georgia Power also objects to admissions of the following responses, which were not admissions: 57,102,115, 123, 132, 140.

2. Georgia Power requests of the following additional admissions be admitted into the record, along with the related 01 Evidentiary Finding and any supporting referenced materials as a clarifying basis, to place the admitted Evidentiary Findings requested by Intervenor in context: 67, 76, 83, 98, 119, 148, 153, 167.

Allegation No.4:

1. Georgia Power objects to admission into the record of the following responses,

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- I which were not admissions: 4, 9, 12, 37,

2. Georgia Power requests of the following addit.ional admissions be admitted into i i

the record, along with the related OI Evidentiary Finding and any supporting referenced materials  !

as'a clarifying basis, to place the adnd!ted Evidentiary Findir.gs requested by Intervenor in 3 l l context: 13; Allegation 3, Findings 173 and 176.

Allegatinn No. 5:

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1. Georgia Power objects to admissions of the following responses, which was not

admissions

12, 13, 25.

2. Georgia Power requests of the following additional admissions be admitted into the record, along with the related OI Evidentiary Finding and any supporting referenced materials as a clarifying basis, to place the admitted Evidentiary Findings requested by Intervenor in context: 5, 6, 7, 37.

l Allegation No. 7:

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1. Georgia Power objects to admission into the record of the following responses, which were not admissions: 1, 2, 4.

l Respectfully submitted, i

A^l - A q am'es E. J#nerF John Lamberski TROUTMAN SANDERS  :

600 Peachtree Street, N.E. l Suite 5200 l 2

Atlanta, Georgia 30308-2216 l (404) 885-3000 ]

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Ernest L. Blake, Jr.

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

Washington, D.C. 20037 ,

(202) 663-8000 i Counsel for Georgia Power Company Dated: August 22,1995 t

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DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION

% AUG 28 P3:16 Before the Atomic Safety and Licensing Board 0FFICE OF SECRETARY 00CXETit,'G & SERVICE BRAtiCH In the Matter of ) Docket Nos. 50-424-OLA-3

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

etal. ) Re: License Amendiaent

) (Transfer to Southern Nuclear)

)

Vogtle Electric Generating Plant, )

Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE This is to certify that copies of the within and foregoing " Georgia Power Company's Response to Intervenor's Motion to Admit Certain Admissions and Sections of The 01 Report Into Evidence" dated August 22,1995 were served on all those listed on the attached Service List by personal delivery (marked with "*") or depositing same in first class mail.

This 22nd day of August,1995.

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i Jolin Lam'Tirski' ~ {

TROUTMAN SANDERS 600 Peachtree Street, N.E. I l

Suite 5200 Atlanta, Georgia 30308-2216 (404) 885-3000 1

UNITED STATES OF AMERICA

, NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of. ) Docket Nos. 50-424-OLA-3

) 50425-OLA-3 GEORGIA POWER COMPANY )

etal. ) Re: License Amendment

) (Transfer to Southern Nuclear) .

Vogtle Electric Generating Plant, )

Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 SERVICE LIST i Administrative Judge Peter B. Bloch* Stewart D. Ebneter

' Chairman, Atomic Safety and Licensing Board Regional Administrator '

U.S. Nuclear Regulatory Commission USNRC, Region II Two White Flint North 101 Marietta Street, N.W.

I1545 Rockville Pike Suite 2900 Rockville, MD 20852 Atlanta, GA 30303 Administrative Judge James H. Carpenter

• Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission  :

Two White Flint North ATTN: Docketing & Services Branch ,

11545 Rockville Pike Washington, DC 20555 Rockville, MD -20852 9

Administrative Judge Thomas D. Murphy

• Charles Barth, Esq.*

Atomic Safety and Licensing Board Mitzi Young, Esq. i U.S. Nuclear Regulatory Commission Office of General Counsel Two White Flint Nonh U.S. Nuclear Regulatory -

11545 Rockville Pike Commission Rockville, MD 20852 One White Flint North Stop 15B18 Michael D. Kohn, Esq.* Washington, DC 20555 Kohn, Kohn & Colapinto, P.C.

517 Florida Avenue, N.W. Director, Environmental Washington, DC 20001 Prote'c tion Division Depanment of Natural Resources Suite 1252 205 Butler Street, S.E.

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

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ATTACHMENT Allegation #1: Evidentiary Finding 29*, 38, 46, 55, 56, 58, 59, 62*, 66, 68, 75, 76, 79, 80, 82,- 92, 93, 149, 150*, 151, 161, 164, 168, 169, 172, 180, 181, 186, i 188, 189, 193, 203.

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l Allegation #2: Evidentiary Finding 10,11,13,18,21,22,46,53,54*,55,59,61,62.  !

Allegation #3: Evidentiary Finding 51,66,77,' 82,93,94,99,112,118,120,130,134, 145, 146, 147, 152, 162, 165, 166, 200, 202, 204, 205. {

Allegation #4: Evidentiary Finding 16,17,34,36,41,47,57,61,68,70.

Allegation #5: Evidentiary Finding 3, 4, 8, 9, 10, 11, 22, 24, 27, 32, 35, 36, 43. l

l Allegation #7: Evidentiary Finding 3 I

I Evidentiary Findings for Investigative Conclusion from Review of Audio Tapes:

Evidentiary Finding 5  :

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• As amended in this Response. l

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