ML20126D636

Memorandum & Order (Factual Dispute About Residence; Evidentiary Hearing).* Factual Dispute Set for 930112 Prehearing Conference.Written Exhibits & Graphics Should Be Received by 930107.W/Certificate of Svc.Served on 921224

ML20126D636
Person / Time
Site:	Vogtle
Issue date:	12/24/1992
From:	Bloch P Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, GEORGIA POWER CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#492-13489 96-671-01-OLA-3, 96-671-1-OLA-3, LBP-92-38, OLA-3, NUDOCS 9212280078
Download: ML20126D636 (5)

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LBP 92-3'8~ ., '

December 24, 1992c UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD ,3ERVED DEC 2 4 002 Before Administrative Judges:

Peter B. Bloch, Chair Dr. James H. Carpenter Thomas D. Murphy In the matter of Docket Nos. 50-424-OLA-3 50-425-OLA-3 GEORGIA POWER COMPANY, et al. Re: License Amendment (Transfer to Southern (Vogtle Electric Generating Nuclear)

Plant. 'Inits 1 and 2 ) ASLBP No. 96-671-01-OLA-3 MEMORANDUM AND ORDER (Factual Dispute About' Residence; Evidentiary Hearing)

The January 12, 1993 prehearing conference shall include a determination of the factual dispute concerning the residence of Mr. Mosbangh. According to Mr. Mosbaugh:

Mr. Mosbaugh owns property and resides at 1701 Kings Court, Grovetown, Georgia, 30813. Said property is within 50 miles of plant Vogtle.- Mr.

Mosbaugh resides at thir residence approximately one week each month. Said residence is a' single family, two story structure situatcd on 2-1/2 acres of property deeded in the name of petitioner. ...

Moreover, Mr. Mosbnugh routinely conducts in-person meetings with investigators of the Nuclear Regulatory Commission's Office of Investigation (which has been an on-going process since-1990) ut his Grovetown residence and other locations int he Augusta, Georgia area. . . . Mr. Mosbaugh voted in Columbia County, Georgia, in 1992 elections; 9212280078 921224 PDR ADOCK OS000424 0- PDR OV s

continuously _ banks in the Augusta area, and continuously maintains a private telephone at_his 8

Grovetown-residence. . .

By contrast, Georgia Power Company challenges ,

these assertions, claiming that Mr. Mosbaugh no longer uses his " residence" as a mailing address and that he voted in the general election in 1992 in Ohio, where he allegedly declared that his only residence is Clermont County, Ohio.2 We find that this factual dispute is relevant to whether or not Mr. Mosbaugh has standing in this license amendment proceeding. See Boston Edison Co_. (Pilgrim Nuc!f. car Power Station), LBP-85-24, 22 NRC 97, 98-99 (1985)(residence 43 miles from a nuclear power. plant is ,

not sufficient to establish standing to challenge an amendment modifying an existing facility's spent fuel pool), aff.irmed on other arounds, ALAB-816, 22 NRC 461 (1985).

Consequently, we set this factual dispute for hearing at the scheduled prehearing conference.

Intervenor appears to have the burden of proof of 8 Amendments to Petition to Intervene and Request for Hearing (December 9, 1992) at 2. We note that Mr. Marvin B. Hobby, whose name is mentioned on page 1 of the ~,

Petition, has been dismissed as a petitioner.

2 Georgia Power Company's Answer (ne cember 22,_1992) at 5-9.

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r establishing the. extent of his contacts with the Vogtle q,

- Plant by a preponderance of the evidence.

We encourage the parties to reach stipulations as to the under).ying dacts and to be creative _in cooperating on ways to narrow the contested issues and reduce the time that would otherwise be needed for trial. We are prepared to help in this process.

The prehearing conference vill commence with the evidentiary hearing'concerning standing. The Board may reach a final determination of this case based on tnat hearing. In that event, the prehearing conference could be adjourned before other matters are considered.

As we stated in our previous order:

All written exhibits and graphics to-be used at the conference should be reneived by the Board'and parties by January 7, 1993.

FOR THE ATOMIC SAFETY - AND LICENSING BOARD

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N U L -Peter B. Bloch i- Chair

! Bethesda, Maryland l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of GEORGIA POWER COMPANY, ET AL. Docket No.(s) 50-424/425-0LA-3 (Vogtle Electric Generating Plant, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregning LB M&O (LBP-92-38) (FACTUAL..)

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appellate Administrative Judge Adjttdication Peter B. Bloch, Chairman U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatoiy Commission Washington, DC 20555 Administrative Judge Administrative Judge r Thomas 0. Murphy y James H. Carpenter Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulator" Commission U.S. Nuclear Regulatory Commission

- Washington, DC 20555 Washington, DC 20555 S

John Lamberski, Esq.

Counsel for Georgia Power Company u Office of the General Counsel U.S. Nuclear Regulatory Commission Troutman Sandr.s Washington, DC 20555 Suite 5200, 600 Peachtree breet, N.E.

Atlanta', GA- 30308 Michael D. Kohn, Esq. C. K. McCoy Stephen li. Xohn, Ecq. V. President Nuclear, Vogtie Project Kohn, Xobn & Colapinto, P. C. Georgia Power Company S17 Florido Avew e, N.W. Pott Office Box 1295 Vvhington, DC 20001 Birmingt.u AL 35201 .

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Docket- No. (s)50-424/425-OLA-3-- i

. LB M&O-(LBP-92-38) (FACTUAL..)'

' Dated'at Rockville, Md.--this 24 day of December 1992 / d 6ffice of the SecrctaFF or the Comission _

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