ML20114E649

Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc

ML20114E649
Person / Time
Site:	Vogtle
Issue date:	06/20/1996
From:	Blake E, Kohn S AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#296-17705 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9606260132
Download: ML20114E649 (4)

Text

9. N r/7705 00CKETED JM ),1996 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION  !

0FFICE OF SECRETARY Before the Atomic Safety and Ucencino Board 00CKElg4geERVICEg i

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

) 50-425-OLA-3 GEORGIA POWER COMPANY, .) l et al. ) Re: License Amendment l

) (Transfer to Southern Nuclear)  ;

(Vogtle Electric Generating Plant, )  !

Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 i

JOINT MOTION TO DEFER ISSUANCE OF INITIAL DECISION l l

l This proceeding began with a license amendment request in September 1992. Through-out the proceeding the Licensing Board has on a number of occasions urged Georgia Power i Company ("GPC") and Mr. Mosbaugh to reach a settlement. GPC and Mr. Mosbaugh are also well aware oflong-standing strong NRC policy promoting settlement of cases. The parties have discussed settlement many times without success.

Yesterday, Allen Mosbaugh and GPC arrived at a settlement in principle. We believe each of the major factors to be considered have been sufficiently explored or agreed upon to an-nounce this, and to ask the Board to defer issuing any decision in this proceeding to allow the parties to complete the agreement. Settlement is explicitly conditioned upon the success of a laterjoint request by GPC and Mr. Mosbaugh to terminate this proceeding without a decision.

We believe that settlement rather than further litigation is in the parties' and the public interest.

9606260132 960620 PDR ADOCK 05000424 g PDR  !

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We anticipate that it may take up to thirty days to finalize written settlement documents.

Additionally, one anticipated provision could take up to an additional sixty days to materialize before the parties actually would implement the settlement. Based on the above, Mr. Mosbaugh and GPC request that the Licensing Board defer for a period of about ninety days, until Septem-ber 20, issuance of an initial decision in this proceeding. Mr. Mosbaugh and GPC will apprise l the Board of significant developments during the course of any deferral which is granted. A copy of this motion has been provided by expedited means to NRC staff counsel to allow the Board to receive the Staffs advice promptly.

Respectfully submitted, ,

AIf'1 Stepfien Kohn bitdi/L Ernest L. Blake, Jr.

Y David R. Lewis l KOHN, KOHN & COLAPINTO SHAW, PITTMAN, POTTS & TROWBRIDGE I

517 Florida Avenue, N.W. 2300 N Street, N.W.  !

Washington, D.C. 20001 Washington, D.C. 20037 )

l (202) 234-4663 (202) 663-8000 James E. Joiner John Lamberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, Georgia 30308-2216 (404) 885-3360 i

s i

y. s i

00CKETED hukeb,1996 95 JlN 21 P2 '49 i UNITED STATES OF AMERICA j NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY  ;

00CKEliNG & SERVICE  :

Befare the Commissioners BRANCH  ;

i In the Matter of ) Docket Nos. 50-424-OLA-3 5

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

et al. ) Re: License Amendment

, ) (Transfer to Southem Nuclear)  :

(Vogtle Electric Generating Plant, )  :

Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that copies of" Joint Motion to Defer Issuance ofInitial Decision," dated ,

June 20,1996, were sent by first-class mail, postage prepaid, except as indicated by asterisk, to  ;

each of the following: l Administrative Judge

• Administrative Judge Peter B. Bloch, Chairman James H. Carpenter  ;

Atomic Safety and Licensing Board Atomic Safety and Licensing Board Two White Flint North 933 Green Point Drive 11545 Rockville Pike Oyster Point  ;

Rockville,MD 20852 Sunset Beach, N.C. 28468 Stewart D. Ebneter Adjudicatory File Regional Administrator, Region II l Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W., Suite 2900 Washington, D.C. 20555 Atlanta, Georgia 30303 j 1

.. s

.1 1

Administrative Judge Office of the Secretary Thomas D. Murphy Att'n: Docketing and Service Branch Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Two White Flint North Washington, D.C. 20555 11545 Rockville Pike Rockville,MD 20852 Stephen Kohn, Esq. Office of Commission Appellate Adjudication Kohn, Kohn & Colapinto U.S. Nuclear Regulatory Commission 517 Florida Avenue, N.W. Washington, D.C. 20555 Washington, D.C. 20001 Charles Barth, Esq.* Carolyn F. Evans, Esq.

John T. Hull, Esq. U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W., Suite 2900 Office of the General Counsel Atlanta, Georgia 30323-0199 One White Flint North, Stop 15B18 11555 Rockville Pike .

Rockville,MD 20852 Director, Environmental Protection Division Department ofNatural Resources 205 Butler Street, S.E., Suite 1252 Atlanta, Georgia 30334 bfW N h Y Ernest L. Blake, Jr.'

• By Telecopy, hard copy to follow.