ML20128D399

Memorandum & Order (Limited Appearance Statement).* Encl Statement from Georgians Against Nuclear Energy to Be Included in Case File & Treated as Limited Appearance Statement.W/Certificate of Svc.Served on 930128

ML20128D399
Person / Time
Site:	Vogtle
Issue date:	01/28/1993
From:	Bloch P Atomic Safety and Licensing Board Panel
To:
References
CON-#193-13581 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9302100134
Download: ML20128D399 (5)

Text

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January 28, 1093 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

ATOMIC SAFETY AND LICENSING BOARD 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 Amendr.ent (Transfer to Southern (Vogtle Electric Generating Nuclear)

Plant, Units 1 and 2)

ASLBP No. 93-671-01-OLA-3 MEMORANDUM AND ORDER (Limited Appearance Statement)

The attached statement from Georgians Against Nuclear Energy was handed tc the Board Chair at the close of the Limited Appearance Session recently held in Augusta, Georgia. It shall be included in the case file and treated as a Limited Appearance Statement.

FOR THE ATOMIC SAFETY AND LICENSING BOARD k ,f Peter B. Bloch Chair Bethesda, Maryland 9302100134 930128 7f PDR ADDCK 05000424 O PDR ]p6p

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We are Glenn Carroll and Patti Richardson We live in the metro Atlanta area of Georgia. We are volunteers with Georgians Against Nuclear Energy and represent our 500 members before you today. Among these Georgians Against Nuclear Energy are several residents of Waynesboro, Georgia, in Burke County where Plant Vogtle is sited. They are very concerned about the possible transfer of the NRC operating license of Nuclear Plant Vogtle from Georgia

' Power Company to Southern Nuclear Operating Company in Birmingham, Alabama.

t These individuals are unable to attend the public hearing' tonight as they are involved in a meeting about another threat to their health and safety, a battery recycling plant that is seeking to operate in Bur e County.

We are grateful to Allen Mosbaugh and Marvin Hobby for their petition to intervene in this important safety matter, for we feel that without their intervention the public would never have had the opportunity to present its views on this matter of license transfer of a dangerous nuclear power plant.

We cannot overstate our dismay in learning that the license transfers of Plant

, rarley near Dothan, Alabama, and Plant Hatch near Baxley, Georgia, were completed with out public notification or participation, espec1 ally to an

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entity who is under tne cloud of a major, ongoing investigation of criminal wrongdoing concerning safety of a nuclear power plant. ,

GANE has intervened with the NRC over safoty issues at Plant Vogtle before this. We were able'to bring inadequacies in Vogtle's emergency res'ponse plan to light during the licensing proceedings ~ problems which were then addressed before the plant was licensed. We also alerted Georgia Power and the NP,C to' problems with the brand of emergency diesel generators employed at the plant. The problems were addressed somewhat prior to licensing the facility, however, as we feared, Georgia Power Company's joining the TDI generator support group was not sufficient to prevent a serious. deficiency in the generators from endangering the Southeast United States in the Site Area' Emergency of March 20, 1990.

Most recently GANE has intervened Lefore the NRC over those same diesel generators, as Judge Carpenter may remember, having served on the Atomic Safety & Licensing Board which deliberated over that issue. We feel'that issue remains unresolved in spite of the. seriousness with which the NRC has scrutinized the diesel situation, and our fears for the safety at Plant Vogtle are only increased in.the face of unresolved, allegations of Southern Nuclear Operating Company officials purposely lying about the reliability of the diesels. These allegations are only known to the,world outside Plant Vogtle 9 9

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because Allen Mosbaugh has brought them *.o light. We cannot help that investigation, but want to point out to the Board in the most emphatic way that the NRC Office of Investigation has conducted an offical inquiry into the falsified diesel reports. That and many other allegations of willful criminal misconduct on the part of Southern Nuclear executives, brought forth by Mr.

Mosbaugh have been under investigation for over two years. This investigation has not only nat cleared the Southern Nuclear executives of any wrongdoing, '

but the NRC Office of Investigation has found the e/idence brought by Mr.

Mosbaugh compelling enough to pass their findings o'nto the U.S. Department of Justice for review.

Th'e U.S. Department of Justice.has reviewed and found the evidence .

compelling enough to investigate the matter for themselves. GANE finds this situation so serious that we contend that the other questions and issues raised around this license transfe[ are moot and that Georgians will:never- -

trust.the Southern Nuclear Operatin; Company with a license to ope' rate dangerous nuclear facilities.

Even without 'the specter of criminal misconduct at Southern Nuclear j Operating Company, the furisdictional and accountability issues surrounding this license transfer are troubling. We' decline to press these questions here i

lest it serve to' deemphasize our point - Southern Nuclear Operating Company is "

under criminal investigation at the higt.est level in the Unit'ed States for willful criminal misconduct related to. safety at Nuclear Plant,Vogtle.

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To transfer Georgia Power-Company's Vogtle operating license to Southern,

'Huclear Operating Company would. place the NRC in direct conflict with its mission tu protect the health-and safety of the' population from dangerous - j nuclear plants.

Thank you for hearing the public on this important issue'and for the full weight of your consideration to our words.

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

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing LB M&O (LIMITED APPEARANCE...)

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 adjudication Peter B. Bloch, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 i

Administrative Judge Administrative Judge James H. Carpenter Thomas D. Murphy Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 John Lamberski, Esq.

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

Atlanta, GA 30308 i

Ernest L, Blake,'Jr., Esq. Michael D. Kohn, Esq.

David R. Lewis, Esq. Stephen M. Kohn, Esq.

Shaw, Pittman, Potts & Trowbridge Kohn, Kohn & Colapinto, P. C.

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

Washington, DC 20037 Washington, DC 20001

Docket flo.(s)50-424/425-OLA-3 LB M10 (LIMITED APPEARAtiCE...)

C. K. McCoy V. President fluclear, Vogtle Project Georgia Power Company Post Office Box 1295 Birmingham, AL 35201 Dated at Rockville.- Md. this-28 day of January 1993

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-Office of the Secretary of the Commission I