ML20149E418

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Informs That No Attempt Was Made to Transmit Statement of Good Cause to Parties Due on 940506.Requests That Record of Transmission Be Checked & Appropriate Document Forwarded. W/Certificate of Svc
ML20149E418
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 05/12/1994
From: Doris Lewis
SHAW, PITTMAN, POTTS & TROWBRIDGE
To: Kohn M
KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
References
CON-#294-15052 OLA-3, NUDOCS 9405310085
Download: ML20149E418 (3)


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1 AEUTED CORRESPONDEN0g SHAW, PITTMAN, PoTTs & TROWBRIDdl0CHETED

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USNRC 2300 N STf9EET. N.W. tSO1 PARM CREQrT ORIVE cLE AN. VIRGtNtA22102 6004 WASHINGTON. O C. 20037-1128 * % gay (202) 683-8000 .

PAcasuiLa 201 LinertTV STREET. 8 W (202) 663-8007 LEESBUNG. VIRG4NIA 2207$ 2721 0FFICE CF SECRETARY o g y g .. DOCKETING ,1 QERVICE BRANCH May 12, 1994 Michael D. Kohn, Esq.

Kohn, Kohn & Colapinto, P.C.

517 Florida Avenue, N.W.

Washington, D.C. 20001 In the Matter of Georgia Power Company Vogtle Electric Generating Plant, Units 1 and 2 Docket Nos. 50-424-OLA-3 & 50-425-OLA-3 License Amendment for Transfer to Southern Nuclear

Dear Michael:

When we spoke on Tuesday, May 10, you indicated that you would call me back in a few minutes with your decision on our request for an extension of time to respond to certain filings.

I was therefore surprised to receive instead your May 10 letter responding to the request. >

In your letter, you suggest that I should have called you on Friday (May 6) to identify difficulties in receiving the fax transmissions. I have checked with our telecopy personnel and we did not have any difficulties receiving facsimiles on Friday evening. The transmission of your telecopy to us late on Friday was not interrupted and it appears that we received all the pages-that you sent. Because you did not identify'on the telecopy cover sheet the number of pages being sent, our personnel had no reason to believe otherwise. The certificate of service was located several-pages into the_ package, after the telecopy cover sheet and after the witness list, and therefore was~not noted by-our personnel. In addition, t.ecause you did not transmit the facsimile to my office about 6A .m., I had left for the day and I was unable -to check the docuinent myself.

Your letter asks when Shaw Pittman and Troutman Sanders received your various filings. Shaw Pittman received your " Wit-ness List Concerning Alienation of Control," " Motion to Compel and Reconvene Depositions," and certificate of service at about 6 p.m. on Friday, May 6. The telecopy to Troutman Sanders, also received late Friday, included only your witness list, certifi-cate, and telecopy cover sheet. In your telecopy cover sheet for DOC hhp 4 CSgh m

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SHAW. PITTM AN, PoTTs & TROWBRIDGE a Panthtm SMir shckv0iNG P AOf G S SION AL CORPORefl049 Michael D. Kohn, Esq.

May 12, 1994 Page Two the transmittal to Troutman Sanders, you specifically identified that only seven pages were being sent to Troutman Sanders. Seven pages corresponds to the length of the witness list, certificate and cover sheet.

On Monday morning, May 9, we obtained from the NRC Staff a copy of your transmission to the NRC. It contained the same pleadings that had been transmitted to Shaw Pittman on Friday (i.e., the witness list, the motion to compel, and certificate).

Further, your telecopy cover sheets to the Staff identified the number of pages that you had sent, which corresponded to the-number of pages of the motion to compel, witness list, and certificate. We were therefore confident that we had received all the documents that you had transmitted on Friday. It was not until Tuesday, May 10, when I received your Statement of Good Cause in the mail, that I learned that you had filed an additional document by mail. Troutman Sanders received your mailing on Wednesday, May 11.

I trust this answers your questions. Because you have sug-gested that your failure to comply with the Board's filing sched-ule was caused by difficulties with our receiving the facsimile, I request that you check the record of transmission printed by your telecopy machine on Friday to determine the number of pages that was sent by you to my office. I would appreciate receiving a copy of this' document. Based on my review of the situation, it-appears to me that you made no attempt to transmit your statement of good cause to any of the parties on Friday, when it was due.

Sincerely, David R. Lewis cc: Service List Mi/0329/045CRL.94

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.. fRATEDC^RRESPONDENCE DOCKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 34 MAY 16 P3 :05 Before the Atomic Safety and Licensing Board 0FFICE OF SECRETARY DOCKETING & SERVICE

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

) 50-424-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 i

SERVICE LIST Administrative Judge Office of the Secretary Peter B. Block, Chairman U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission ATTN: Docketing and Services Branch Washington, D.C. 20555 Charles Barth, Esq.

Administrative Judge Office of General Counsel James H. Carpenter One White Flint North Atomic Safety & Licensing Board Stop 15B18 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Director, Thomas D. Murphy Environmental Protection Division Atomic Safety & Licensing Board Department of Natural Resources U.S. Nuclear Regulatory Commission 205 Butler Street, S.E.

Washington, D.C. 20555 Suite 1252 Atlanta, Georgia 30334 Michael D. Kohn, Esq.

Kohn, Kohn & Colapinto, P.C. Office of Commission Appellate 517 Florida Avenue, N.W. Adjudication Washington, D.C. 20001 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stewart D. Ebneter Regional Administrator Adjudicatory File USNRC, Region II Atomic Safety and Licensing Board 101 Marietta Street, NW U.S. Nuclear Regulatory Commission Suite 2900 Washington, D.C. 20555 Atlanta, Georgia 30303 s:/oPcavelst.md