ML20093B890

Intervenor Motion to Conduct Discovery Re Dew Point Instruments.* Intervenor Requests to Conduct Addl Discovery & to Obtain Further Relief.W/Certificate of Svc

ML20093B890
Person / Time
Site:	Vogtle
Issue date:	10/06/1995
From:	Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#495-17183 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9510120136
Download: ML20093B890 (6)

Text

I

! N 00CKETED 1.

USHRC l

! October 6, 1995 95 007 -6 P4 :12 UNITED STATES OF AMERICA NUCLEAR REGULATORY COK1GSION ATOMIC SAFETY AND LICENSUM6l@6dfDSECRETARY 00CKETmG & service Before Administrative.JudgessR/dqCH

~

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 El sLl.a., )

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

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 INTERVENOR'S MOTION TO CONDUCT DISCOVERY RELATED TO DEW POINT INSTRUMENTS Intervenor, Allen Mosbaugh, through counsel, hereby moves this Honorable Board to allow him to discover facts related to dew point instruments Georgia Power used to take dew point readings at plant Vogtle and has subsequently claimed were faulty and/or not used properly.

I. GOOD CAUSE FOR THE DISCOVERY Intervenor believes good cause to conduct discovery and obtain documents exists because Georgia Power submitted an affidavit from Mr. Michael Duncan indicating his prior testimony may be incorrect concerning the fact that "as found" data was obtained with respect to Alnor VP-2466. The testimony from Mr.

Duncan should have been included in Georgia Power's case in chief and should have previously been revealed during discovery. This 9510120136 951006 PDR ADOCK 05000424

-o PDR yyp3

f i

I i

testimony constitutes surprise and it is highly prejudicial to

! Intervenor, i

Moreover, good cause exists because Georgia Power seeks to {

admit documents into the record which were never provided to l

Intervenor during discovery and which contain facts that should have previously been provided to Intervenor when Georgia Power submitted response to Intervenor's seventh set of Interrogatory questions, u

Intervenor's seventh set of interrogatory questions (Intervenor-Exhibit II-36) specifically sought to determine the steps Georgia Power took to determine that the Alnor was j defective; what procedural requirements existed if the Alnor was 1

determined to be defective; and how Georgia Power fulfilled its obligations to assure that the Alnor was defective. Request Nos.

3 3, 9 and 10 read as follows:

5

3) The April 9, 1990 COA on page 3, No. 4 states that 9

}

" initial reports of higher than expected dewpoints were later attributed to faulty instrumentation". With respect to this statement, respond to the followings a) Identify each and every piece of faulty equipment believed to be responsible for the higher than  ;

expected readings; 1

b) Identify the author of this phase; i

c) What documents were relied upon to cor.clude instruments were faulty; Who relied upon this information; and, What form of verification was j conducted to determine the accuracy of this information.

9) Identify all procedures and requirements contained'in

4. the MT&E Program or any other program that must be followed when a piece of test equipment, specifically any ALNOR, EG&G or any other dewpoint necessary equipment is:

, 2 1

4 e , ,,,. - , _ , -

of calibration; a) suspected of being out b) out of calibration;

) suspected of being faulty; d) determined to be faulty.

State what, if any, action required under any procedure was taken with

10) addressed in interrogatory 9 above, respect to any piece of test equipment1990 COA. suspected of being faulty in the April 9, (sworn to by Mr.

Georgia Power's interrogatory answers fail to identify any documents contained in Duncan and others) fail to identify any verification efforts Mr. Duncan's affidavit; failed to undertaken to determine the accuracy of the Alnor; to calibrate the mention any facts associated with any attempt any persons associated instrument; and failed to indicate that the Alnor was defective or was with the M&TE program knew that Seg, Intervenor Exhibit II-36.

suspected of being defective.

Intervenor also has good cause to obtain discovery concerning VP-1114 (the EGG dew point instrument) because, wh Georgia Power failed to identify VF-1114 responding to discovery, d failed to as being defective and/or providing faulty readings an identify any corrective actions concerning VP-1114.

II, DISCOVERY REQUESTED the Board grant Intervenor the Intervenor requests that right to:

Sutphin and Hobbs, all of whom

1. Depose Messrs. Duncan, have first-hand knowledge about facts related to Alnor VP-2466.

4 2.

File subpoenas duces tecum on Georgia Power's vendors and VP-2466.

responsible for handling VP-1114 3

1

I 1

3. Depose persons employed by the vendors who are 1 l

. knowledgeable as to the meaning of documents vendor documents and J who are otherwise knowledgeable about facts related to the calibration of VP-2466 and VP-1114.

4. Obtain copies of MWOs 1-90-01517; 1-90-01518 (these MWOs are referred to in the Traveler identified as Intervenor I Exhibit II-270) be produced.

Intervenor requests a reasonable period of time to review documents and deposition transcripts so that he may notify the Board as to whether any additional testimony and/or documentary evidence is necessary to rebut inferences related to Georgia Power's submission of the Duncan affidavit. It should be noted that, currently, Intervenor believes Mr. Duncan will have to be produced for cross examination.

III. CONCLUSION For the forgoing reasons Intervenor ,equests that he be allowed to conduct the above additions' discovery and to obtain further relief as necessary.

Respectfully submitted,

./ w Michael D. Kohn KOHN, KOHN AND COLAPINTO, P.C.

517 Florida Ave , N.W.

Washington, D C. 20001

, (202) 234-4663 Attorneys for Intervenor C:\ FILES \301\ALNOR.01s 4

4

October 6, 1995 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Peter B. B och, 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 d nL., )

) 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 I hereby certify that INTERVENOR'S MOTION TO CONDUCT DISCOVERY RELATED TO DEW POINT INSTRUMENTS was served this 6th day of October 1995 via hand delivery to the persons listed on the accompanying service list. ]

i 1

ltiria/IEu~)vu?k Mary Jcjne' Wilnioth L

I i

l C:\ FILES \301\ cert.futt l

l l

DOCKETED USNRC

-UNITED STATES OF AMERICA NUCl2AR REGULATORY COMM1'yyI ATOMIC SAFETY AND LICENSING B 6 P4 :13 I 0FFICE OF SECRETARY' In.the Matter of ) DOCKETI e-

'S

) Docket Nos.g -

GEORGIA POWER COMPANY- ) Q -OLA-3 si igL., )

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

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge l Peter B. Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555-Administrative Judge Charles A. Barth, Esq.

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 James H. Carpenter Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ernest L. Blake, Jr.

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

Washington, D.C. 20037 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 C:\Fitts\301\CERf.LIS