ML20093F954

Ga Power Company Response to Intervenor Motion to Strike Affidavit of H Handfinger.* W/Certificate of Svc

ML20093F954
Person / Time
Site:	Vogtle
Issue date:	10/12/1995
From:	Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Atomic Safety and Licensing Board Panel
References
CON-#495-17200 93-671-OLA-3, OLA-3, NUDOCS 9510180219
Download: ML20093F954 (5)

Text

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DOCKETED October 12,U$WRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMNISSION '95 0CT 13 All :40 mEFORE TEE ATon c SAFETY AND LICENSING BOARD 00CKETING & SERVICE BRANCH In the Matter of a Docket Mos. 50-424-OLA-3 i GEORGIA POWER COMPANY, 31 31 50-425-OLA-3 j 1

Rei License Amendment (Vogtle Electric Generating Plant, 2 (Transfer to Units 1 and 2)  : Southern Nuclear)

ASLBP NO. 93-671-OLA-3 GEORGIA POWER COMPANY'S RESPONSB TO INTERVENOR'8 i NOTION TO STRIKE THE AFFIDAVIT OF BARVEY HANDFINGER ,

On September 28, 1995, Georgia Power Company provided an affidavit for Harvey Handfinger at the suggestion of, and in 1

{ an attempt to address a question by, the Licensing Board.8 If 4

the Board does not need this affidavit, or does not find it i

! sufficiently useful, Georgia Power Company would not oppose I i Intervenor's Motion to Strike the Affidavit of Harvey Handfinger i (October 5, 1995) ("Intervenor's Motion"). However, should the i Board decide to admit the Affidavit, Georgia Power strongly

! 8 Mr. Handfinger's Affidavit (September 28, 1995), marked as i GPC Exhibit II-208 (Tr. 15442), was requested by Chairman Bloch i on August 15, when Mr. Handfinger was on the stand. "Mr.

Handfinger, in order to save time, we wouldn't need you to come i back again if you were to submit an affidavit in response to that question." Tr. 11445. Chairman Bloch requested that the j affidavit explain why one Maintenance Work Order ("MWO") (No.

i 29003028; GPC Exh. II-150B) contained a Class C cleanliness data

! sheet that did not appear to be included in the other MWos which l were used to perform the repair work on the diesel air start i

valves in July 1990. Tr. 11444-45. Mr. Handfinger's Affidavit was provisionally admitted into evidence on September 28, 1995, l subject to a written motion to strike. Tr. 15443.

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o opposes Intervenor's request for an opportunity to cross-examine Mr. Handfinger. Mr. Handfinger's Affidavit addresses a tangential topic that is not sufficiently related to the issues to warrant any delay for further cross-examination.

While Georgia Power would not oppose striking the Affidavit if the Board concludes it is unnecessary, Georgia Power does not agree with Intervenor's assertions that the Affidavit

! (1) is unresponsive to Chairman Bloch's request, and (2) j incorrectly attempts to equate cleanliness procedures to I 1

I . housekeeping procedures.

Georgia Power believes Mr. Handfinger's Affidavit is j responsive to Chairman Bloch's request. The Affidavit explains that the only-reason a class C cleanliness data sheet was included in one of the MWos is that there was a work item (removal of the air and lube oil lines to the air start distributor) which called for Class C cleanliness. The Affidavit further explains that, in Mr. Handfinger's opinion, the y procedures on cleanliness and housekeeping were complied with.

! Georgia Power reads this Affidavit as stating that there was no j requirement to attach cleanliness data sheets to the other MWos.

Georgia Power believes Mr. Handfinger's Affidavit does i

not " equate" housekeeping procedures and cleanliness procedures.

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Rather, we read the Affidavit as stating that, as between those procedures, it was appropriate to apply the housekeeping l

procedures and not the cleanliness procedures to the air start valve repair work to be performed. I l 2 i

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4 Respectfully submitted es E. Joiner hn Lamberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404) 885-3360 Ernest L. Blake David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8084 Counsel for Georgia Power Company i

i Dated: October 12, 1995 j

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e UNITED STATES OF AMERICA KETED Np NUCLEAR REGULATCRY COMMISSION Before the Atomic Safety and Licensina Board C 13 A11 :40 0FFICE OF SECRETARY

) 00CXETING & SERVICE In the Matter of ) Docket Nos. 50-424-OLA-3 BRANCH

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

et al. ) Re: License Amendment

) (Transfer to Southern (Vogtle Electric Generating ) Nuclear)

Plant, Units 1 and 2) )

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

I hereby certify that copies of Georgia Power Company's Response to Intervanor's Motion to Strike the Affidavit of Harvey l

Handfinger dated October 12, 1995, were served on all those listed on the attached service list by overnight delivery this 12th day of October, 1995.

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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3

• 50-425-OLA-3 c1al.

(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 Office of Commission Appellate Peter B. Bloch, Chairman Adjudication Atomic Safety and Licensing Board One White Flint North U.S. Nuclear Regulatory Commission 11555 Rockville Pike Two White Flint North Rockville, MD 20852 11545 Rockville Pike Rockville, MD 20852 l Stewart D. Ebneter )

Administrative Judge James H. Carpenter Regional Administrator Atomic Safety and Licensing Board USNRC, Region II 933 Green Point Drive Suite 2900 Oyster Point 101 Marietta Street, N.W.

Sunset Beach, NC 28468 Atlanta, GA 30303

Administrative Judge James H. Carpenter Office of the Secretary

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission l U.S. Nuclear Regulatory Commission ATI'N: Docketing and Services Branch Washington, DC 20555 Washington, D.C. 20555 l 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

{ Two White Flint North U.S. Nuclear Regulatory Commission i

11545 Rockville Pike One White Flint North i

! Rockville, MD 20852 Stop 15B18 l i Rockville, MD 20852 Michael D. Kohn, Esq.  !

Kohn, Kohn & Colapinto, P.C. Director, Environmental Protection 517 Florida Avenue, N.W. Division

, Washington, DC 20001 Department of Natural Resources l Suite 1252, 205 Butler Street, S.E.

Atlanta, GA 30334 l