ML20149E429
| ML20149E429 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 05/18/1994 |
| From: | Kohn S, Mosbaugh A AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | GEORGIA POWER CO. |
| References | |
| CON-#294-15066 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9405310092 | |
| Download: ML20149E429 (19) | |
Text
l RetATED CORRESPONDENCE
~
4
/
00CKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '94 M?/ }g p3,.7
)
In the Matter of
)
)
Docket Nos. 50-424-OLA GEORGIA POWER COMPANY
)
50-425-OLA-3 e_t pl_,.,
)
)
Re: License Amendment (Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 INTERVENOR'S THIRD SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS TO GEORGIA POWER I.
INTRODUCTION Pursuant to 10 C.F.R.
SS 2.740b and 2.741, Allen L.
Mosbaugh, Intervenor, hereby requests that Licensee, Georgia Power Company, answer the following interrogatories in writing and under oath within 14 days of service of this document and produce all requested documents within 30 days of service of this document (documents must be made available for production in Washington, D.C.
'II.
INSTRUCTIONS A.
Each person listed is to answer the interrogatories in Section IV individually and distinctively.
1.
Ed Addison 2.
John Aufdenkampe 3.
Barney Beasley 4.
George Bockhold 5.
Mark Briney 6.
Kenneth Burr 7.
James Bailey 8.
Paul Burwinkle j
9405310092 940518 PDR ADOCK 05000424'-
0 0
L I
9.
Jimmy Paul Cash 10.
Charles Coursey 11.
Bill Chenault 12.
.A.W.
Dahlberg 13.
S.
Driver 14.
Christopher Eckert 15.
Georgie Fredrick 16.
Joseph Farley 17.
Thomas Greene 18.
George Hairston 19.
H.M.
Handfinger 20.
K.R. Holmes
- 21..
M.W. Horton 22.
W.F.
Kitchens
'I 23.
Paul Kochery 24.
R.L.
LeGrand
-l 25.
Harry Majors 26.
Ken McCoy 27.
Patrick Mcdonald 28.
Cliff Miller 29.
Rick Odom 30.
Paul Rushton 31.
Jackson Stringfellow 3 2. - William Shipman 33.
Kenneth Stokes 34.
Robert Sherrer 2
L
35.
J.E. Swartzwelder 36.
C.P.
Stinespring 37.
T.E. Webb 38.
Louis Ward 39.
Guss Williams 40.
Troutman Sanders 41.
GPC Corporate Representative B.
If you cannot answer a particular. interrogatory in full, after exercising due diligence to secure the information to do so, so state and answer to the extent possible, specifying and explaining your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portion.
C.
Each interrogatory is a continuing one, and should be supplemented as required by 10 C.F.R. 5 2.740(e).
D.
If you claim that any information which is required to be provided by you in your response to any of these interrogatories is privileged or immune from discovery:
1.
Identify the portion of the interrogatory to which such information is otherwise responsive; 2.
If the information-is a document or oral communication, identify the document's title or the oral ~
communication and state the general' subject matter of-the document or oral communication; 3'
x
3.
If the information is a document or. oral communication, state the date of the document or oral communication; 4.
If a document, identify its author (s) and the person (s) for whom it was prepared or to whom it was sent, including all persons who received copies; 5.
If an oral communication, identify all persons present at the time of the oral communication; 6.
State the nature of the privilege or immunity claimed; and 7.
State in detail each and every fact upon which you base your claim of privilege or immunity from discovery.
E.
In each case where you are asked to identify or to state the identity of a document or where the answer to the interrogatory refers to a document, state with' respect to each such document:
1.
The identity of the person who prepared it; 2.
The identity of all persons who' reviewed or approved it; 3.
The identity of the person who signed it, or over whose name it was issued; 4.
The identity of the addressee or addressees; 5.
The nature and substance of the document with sufficient particularity to enable the same_to be identified; 6.
The date of the document; and 4
f L
7.
The present location of the document and the identity and address of each person who has custody of the document.
F.
In each case where you are required to identify an oral communication, or where the answer to the interrogatory refers to an oral communication, state with respect thereto:
1.
The date and place thereof; 2.
The identity of each person who participated in or heard any part of the communication; 3.
If the communication was by telephone, so indicate and state who initiated the telephone call; 4.
The substance of what was said by each person who participated in the communication; and 5.
The location and the identity and address of the custodian of any document (including any mechanical, magnetic, electrical or electronic recording) that recorded, summarized, reported or confirmed the oral communication.
G.
In each instance where you are asked to identify or to state the identity of a person, or when the answer to an interrogatory refers to a person, state with respect to each such person:
1.
His or her name; 2.
His or her last known business and. residence addresses and telephone numbers; 5
3.
If an individual, his or her business affiliation
.l or employment at the date of the transaction, event or matter l
referred to; and 4.
If a corporation or association, the business or activity in which it was engaged at the date of the transaction, event or matter referred to.
H.
As used herein, the phrases " state in detail", " answer in detail" and " described in detail" shall mean that you are requested to state, with specificity, each and every fact,-
]
ultimate fact, circumstance, incident, act, omission, event and.
date, relating to or otherwise pertaining to the matters inquired i
l of in said interrogatory.
]
i I
III. DEFINITIONS A.
As used herein, the terms " Licensee", " Georgia Power Company", "The Southern Company", "SONOPCO",
"you", or "Your" and j
any synonym thereof and derivative therefrom are intended to, and shall, embrace and include each person listed, (answering Section IV of these interrogatories), individually and in their capacity as an agent or employee of Georgia Power Company, The Southern
]
Company, and/or SONOPCO, past or present, and counsel for each person listed (answering Section IV of these interrogatories). and Georgia Power Company, The Southern Company, and SONOPCO, their counsel and'all their respective agents, servants, associates, employees, representatives, private investigators, and others who are or have eeen in possession of or may have obtained 6
information for or on behalf of each person listed in any manner with respect to any matter referred to in the Petition.
B.
As used herein, the term " documents" includes any written, recorded or graphic matter, however produced or reproduced, of every kind and regardless of where located, including but not limited to any summary, schedule, memorandum, note, statement, letter, telegram, interoffice communication, report, diary, desk or pocket calendar or notebook, daybook,.
appointment book, pamphlet, periodical, work sheet, cost sheet, list graph, chart, index, tape, record, partial or complete report of telephone or oral conversation, compilation, tabulation, study, analysis, transcript, minutes, and all other memorials of any conversations, meetings, and conferences, by telephone or otherwise, and any other writing or recording which is in the possession, custody or control of the person listed cn any employees, representatives, attorneys, investigators, or others acting on his behalf.
C.
As used herein, the terms "and" and "or" shall each mean and/or.
D.
As used herein, the term "NRC" shall mean the U.S.
Nuclear Regulatory Commission,'an agency of the Federal Government.
E.
As used herein, the term " Petition" shall mean the Petition to Intervene and Request for Hearing, dated October'22,.
1992, filed by Intervenor in this proceeding.
7 tr-
-ir v
F.
As'used herein, the term " Amended Petition" shall mean the Amendments to Petition to Intervene and Request for Hearing, dated December 9, 1992, filed by Intervenor in this proceeding.
G.
As used herein, the term "GPC" shall mean the Georgia j
Power company, a subsidiary of The Southern Company.
H.
As used herein, the term "date" shall mean the exact day, month, and year, if ascertainable, or if not, the best l
approximation thereof, including relationship to other events.
I.
As used herein, the term " person" shall mean any i
individual, partnership, firm, association, corporation or other
]
government, legal or business entity.
J.
" Contact" means any and all communication by any means whatsoever that involved a transfer of information, whether written, oral or in any other form, including discussions, letters, memoranda, telephone calls, or telegrams.
K.
As used herein, the term "U.S.
Senate hearings" shall mean the hearings held in July 1993 before the U.S.
Senate Committee on the Environment and Public Works, Subcommittee on Clean Air and Nuclear Regulation to consider the NRC's handling of intimidation and harassment allegations by employees within the nuclear industry.
L.
The term "Vogtle Coordinating Group" or " Group" shall mean-the Vogtle Coordinating Group and all its respective agents, servants, associates, employees, representatives, and others who are or have been in possession of or may have obtained information for or on behalf of the Vogtle Coordinating Group.-
8
9 M.
The' term "OI Report" shall mean NRC Office of Investigations Report No. 2-90-020.
N.
The term " Notice of Violation" shall mean the May 9, 1990 Notice of Violation and Proposed Imposition of Civil Penalties issued against GPC.
IV.
INTERROGATORIES AND DOCUMENT REOUEST FOR PERSONS LISTED 1.
Identify all contacts, including but not limited to meetings, interviews, telephone conversations and correspondence, which you, your counsel, or counsel for GPC have had concerning the allegations in the Petition, the Amended Petition, the OI Report, the Notice of Violation, or any allegations which GPC intends to or may raise in this proceeding (other than communications related to the illegal license transfer. allegation and other than such communication which were identified to Intervenor in GPC's previous responses to interrogatories.in connection with this proceeding), including but not limited to
- those with:
a.
any employee of the NRC (particularly but not limited to employees within NRC's Office of Nuclear Reactor Regulation, Office of General.
Counsel and Office of Investigations);
b.
any employee or the U.S.
Department of Justice; M
c.
any member, staff person or other representative-of the U.S.
Congress; d.
any member of the Vogtle Coordinating Group; and R
i e.
any member of the press.
.i
- l 9
1 l
1
2.
With respect to each contact identified in interrogatory 1 above,' answer in detail the following:
a.
with whom was the contact made; b.
when did the contact take place; c.
what was the reason for the contact; d.
where did the contact take place; e.
how did the contact take place.
3.
With respect to each contact identified in interrogatory 1 above:
a.
if a written communication occurred then:
1) in addition to the information required by Instruction II.
E, identify all persons who received a copy of the communication; and 11) produce a copy of each such communication, l
including drafts.
b.
if other than a written communication, then:
i) in addition to the information requested by Instruction II.E, identify who-was made aware of the substance of the conversation.
11) state the sum and substance of such communication (s);
i i
lii) Produce any notes or memorandum that reflect the fact that the conversation occurred or which reflect any portio of the conversation.
4.
With respect to each contact identified in interrogatory 1 above, identify other documents which in any 10
manner discuss or relate to such communications and produce a copy of each document, including drafts.
With respect to each contact identified in interrogatory 1 above, answer in detail the following:
a.
with whom was the contact made; b.
when did the contact take place; 1
c.
what was the reason for the contact; l
d.
Where did the contact take place; e.
how did the contact take place.
V.
INTERROGATORIES AND DOCUMENT REOUEST TO GPC 1.
Excluding any and all tapes transcribed by NRC, l
identify every tape transcript in the control or possession of
~I GPC or its counsel that were compiled from any tape recording
)
prepared by Allen Mosbaugh.
For each such tape transcript:
a.
identify it by NRC tape No; b.
state the exact number of pages pertaining to each
~
individual transcription; c.
identify whether the transcription is full or partial, and if partial whether the full transcription ever existed, d.
produce a copy of all transcripts identified above that were not'previously produced tofIntervenor.
2.
Identify everyone known to GPC\\ Southern Nuclear that was a party to any portion of the 4-19-90 afternoon telephone conference call between the site and corporate offices.for which 11
~
J there is a partial transcript of the conference call in NRC Tape Transcript No. 58, between.page 8, line 7, and page 17, line 11.
a.
For each person identified above, state the location (including city, building and office) of each person during the call.
3.
With respect to the Plant Vogtle Unit 1 Emergency Diesel Generator 1A, start Nos. 139, 140, 141, 146, 148, and Generator 1B start Nos. 120, 121 123, 124, 132, 133, 134, 136, f
153, 156, 157, 160, 161, 162, 164, and 165, identify whether any problem or failure occurred during any start or run identified-l above.
For each such identified start or run, state in detail i
the following:
)
a.
Primary cause of any problem or failure that occurred during that start or run; b.
Secondary cause(s) of any problem or failure that
]
occurred during that start or run; 1
c.
Root cause of any problem or failure that occurred during that start or run.
.l d.
Identify each and every start listed above that was believed or suspected to have a common cause with the failures occurring during the 3-20-90 Site Area Emergency.
j 4.
For Plant Vogtle Emergency Diesel Generators 1A and 1B, state the starts by number which occurred during the Unit 1 1990 refueling outage which reflect:
1 12
0 t
l a.
when the diesel came out of " maintenance
. overhaul";
b.
when the diesel was " returned to service";
c.
When the diesel was " declared operable" d.
the starts that constitute " post maintenance start [s]".
S.
On 4-3-90 at approximately 5:15 a.m.,
problem (s)
- occurred in the Plant Vogtle Unit 1 Emergency Diesel Generator 1B systems, that resulted in the receipt of a maintenance lockout alarm due to low control air pressure.
For any and all problems or factors contributing to or causing any problem identify:
a.
all contributing factors; b.
The primary cause of any problem or contributing factor; c.
What the problem or contributing factor was; d.
Any secondary cause(s) of any problem'or contributing factor; c.
The root cause of any problem or contributing-factor.
6.
List the air quality and due point reading taken.
between 1989 and 1990 of-Vogtle Diesel Generators 1A, 1B, 2A or 2B.
With respect to this list:
a.
Identify all occasions, during 1989 and 1990, when the'Vogtle Diesel Generator.1A, 1B, 2A or 2B control air quality-(including the dewpoints) were not satisfactory.
13 e
1)
For each occasion, state the date, time and dewpoint measured for each diesel.
ii)
Identify all corrective action (s) taken to correct each instance where the dewpoint was considered to be less than satisfactory (i.e.
"not satisfactory").
iii) Identify every person who knew the dewpoint was less than satisfactory.
7.
Identify each occasion during 1989 and 1990 when the Vogtle Emergency Diesel Generators 1A, 1B, 2A and 2B, had a control air dryer (s) out of service and the associated compressor (s) in service.
a.
Identify every person who knew this condition existed.
4 Answer in detail the following pertaining to Mr.
Dahlberg's testimony in the Senate hearings:
a.
identify and produce all documents used in 3
preparing Mr. Dahlberg's Senate testimony, including drafts; 1
i b.
produce all documents relating directly or' i
indirectly to Mr. Dahlberg's Senate testimony, including drafts; l
c.
list all persons involved in preparing ir.
9ahlberg for hisLSenate testimony and the extent of their involvement.
I i
i 14 1
Y
9.
State in detail every specific fact Licensee is aware of which it believes'could adversely affect a determination concerning the credibility of Allen Mosbaugh, a.
For each such fact produce all relevart documents Licensee relied upon to reach its conclusion which GPC has in its control or possession; b.
For each such fact identify all relevant documents which GPC does not have in its control or possession but knows or believes to exist; c.
For each such fact state the identity of every person Licensee contacted to reach its conclusion.
10.
State in detail every contact Licensee has had with the Vogtle. Coordinating Group before and after.the Notice of Violation was issued.
Answer the following for each such contact:
a.
with whom was the contact made; b.
when did the contact take place; c.
what was the reason for the contact; j
d.
where did the contact take' place; e.
how did the contact take place, f.
what was the sum and substance of the contact.
11.
Produce all documents transmitted to the NRC, Congress or any other person concerning the matters in the Petition, Amended Petition, OI Report, or Notice of Violati'c. since responding to Intervenor's last request for discovery for production of documents.
15
m 12.
State whether the statements attributed to GPC in the May 13, 1994 article in the Atlanta Journal article "NRC:
Vogtle Chief Helped Water Down Accident Report", and in the May 11, 1994 article " Georgia Power Facing Fine in Vogtle Probe" are accurate.
If not, explain in detail the inaccuracies.
13.
Identify each person, other than those persons identified in previous responses to interrogatories in connection with this proceeding, whom you contend has any information or knowledge relating to any facts supporting or opposing any of the allegations made in the Petition, Amended Petition, OI Report, or Notice of Violation (other than the illegal license transfer allegation), and for each person identified, provide a brief summary of the knowledge or information possessed.
14.
Identify each person retained, employed, interviewed or consulted by you (or whom you plan to retain, employ, interview, or consult with) in preparation for the hearing of this matter (other than with respect to the illegal license transfer allegation) who is not expected to be called as a witness at the hearing.
15.
State whether Intervenor has ever been subjected to any i
form of background investigation, credit check, or any other type investigation or inquiry by GPC or its counsel or any entity knew to GPC or its counsel.
If the answer is yes:
a.
Identify all persons, companies or corporations I
(or other entities) GPC has ever employed to 16
f investigate Intervenor at any time.
For each such investigation undertaken by Intervenor:
1)
Identify the person (s) employed; li)
Identify what specific factual information they were to obtain; iii) Identify who authorized the investigation; iv)
Identify who knew of the investigation.
v)
Produce all information and documents obtained about Intervenor.
Respectf su.itted, Mfc6 Eel Kohn Stephen M.
Kohn Kohn, Kohn & Colapinto, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 Attorneys for. Intervenor 301\\ INT.PII 17
f RELATED CORRESPONDENCE 00Ch'ETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOJ W 18 P3:54 y
In the Matter of
)
$5-OCA4?QLA,3[
)
Docket N GEORGIA POWER COMPANY
)
st i,
)
RANCH""
)
Re: License Amendment (Vogtle Electric Generating
)
(transfer to Southern Nuclear)
Plant, Unit 1 and Unit 2)
)
)
ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that Intervenor's Third set of Interrogatories and Request for Documents to Georgia Power has been served on the 17th day of May, 1994 on the following by first class mail postage prepaid (and by hand delivery on May 17, 1994 on those persons designated with an "*"):
Administrative Judge Peter B.
Bloch, Chair Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Administrative Judge James H.
Carpenter 933 Green Point Drive Oyster Point Sunset Beach, NC 28468 Administrative Judge Thomas D.
Murphy Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Charles A.
Barth, Esq.
Office'of General Counsel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 John Lamberski, Esq.
Troutman Sanders Suite 5200 600 Peachtree Street, N.E.
Atlanta, GA 30308-2216
[ continued on next page) 1
(-
- Ernest L..Blake, Jr.
David R.
Lewis SHAW,'PITTMAN, POTTS &
TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 andsby first~c1Ess-mail on-May-2719947pon s-Office of the Secretary Attn: Docketing and Service U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 office of Commission Appellate Adjudication U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
/
/
/
By:
Stephen M.
Kohn KOHN, KOHN & COLAPINTO, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 J
(202).234-4663 301\\ cert.6
'f
.. i 2
'I
.