ML20149E442

Intervenors Second Set of Interrogatories & Request for Documents to Staff of Usnrc.* W/Certificate of Svc.Related Correspondence

ML20149E442
Person / Time
Site:	Vogtle
Issue date:	05/17/1994
From:	Kohn S, Mosbaugh A AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#294-15067 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9405310101
Download: ML20149E442 (14)

Text

F 1 M[ REtKfED CORRESPONDENCE DOCKETED 1

USHRC UNITED STATES OF AMERICA H NUCLEAR REGULATORY COMMISSION '94 fj.TI 18 P3 37 ATOMIC SAFETY AND LICENSING BOARD ,

Before Administrative Judges: 9fCI" ~ ~ ~

Peter B. Bloch, Chair bl Dr. James H. Carpenter Thomas D. Murphy

)

In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 at AL., )

) 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 SECOND SET OF INTERROGATORIES AND REQUEST FCR DOCUMENTS TO STAFF OF THE U.S. NUCLEAR REGULATORY COMMISSION I. INTRODUCTION Pursuant to 10. C.F.R. 52.720 and 92.744, Intervenor Allen Mosbaugh hereby requests that Staff of the Nuclear Regulatory Commission (hereinafter referred to as "NRC") answer the following interrogatories in writing and under oath and produce documents identified in response to the below identified interrogatory questions. Intervenor requests that responses be filed within 14 days from the service of this request and that all relevant documents be made available for inspection and copying within 14 days.

Intervenor asserts that the requested documents (1) are relevant to this proceeding because they relate to Intervenor's assertion that persons-associated with Southern Nuclear'do not-have the character, competence or integrity to operate a nuclear facility; and (2) are not available from any other source.

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_ II . INSTRUCTIONS A. If you cannot answer a particular_ interrogatory in full, after exercising due diligence to secure the informati'on to do so, so state and answer to the extent possible, specifying and explaining you inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portion.

B. Each interrogatory is a continuing one, and should be supplemented as required by 10 C.F.R. 52.740(e).

C. 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 the response;- l l

2. If the information is a document or oral 1 i

communication, identify the document's title or the oral communication and state the general subject matter of the document or oral communication;

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-1 present at the time of the oral communication; )

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6. State the nature of the privilege or immunity )

claimed; and

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7. State in detail' each and every fact upon'which you base your claim of privilege or immunity from discovery.  ;

D. In each case where you are asked to identify or to state l the identity of a document or where the answer to the interrogatory refers to a document, state with respect to each' (

J such document:

1. The identify 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 l

whose name it was issued

4. The identity of the addressee or addressees; S. The nature and substance of the document with sufricient particularity to enable the same to be identified;

6. The date of the document; and' .

7. The present location of the document and the identity and address of each person who has custody'of the-

' document.

E. 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;

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2. The identity of each person who participated in or heard any part of the communication;

3. If the communication was by telephone, s'o 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.

F. In each instance where you are asked to identify or state the identity of a person, or where the answer to an interrogatory refers to a person, state with respect to each such ,

person:

1. His/her name;

2. His/her last known business and residence addresses and telephone numbers;

3. If an individual, his/her business affiliation or employment at the date of the transaction, event or matter 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.-

G. As used herein,~the term " detail" and the phrases " state-in detail", " answer in detail" and " describe in. detail" shali mean that you are requested to state, with specificity, each'and-4

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every fact, ultimate fact, circumstance, incident, act, omission, event and date, relating to or otherwise pertaining to the matters inquired of in said interrogatory. l

!II. DEFINITIONS

1. The term "NRC" shall mean every past or present employee of the Nuclear Regulatory Commission, any' investigative body, office or subdivision of the Nuclear Regulatory Commission, every past or present Commissioner of the Nuclear Regulatory Commission.

2. 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 Ccordinating Group.

3. " Document" shall mean every instrument or device by

.which, through which or on which information has been recorded including those reflecting meetings, discussions or conversations; notes; letters; drawings; files; graphs; charts; maps; photographs; deeds; studies; data sheets; notebooks; books; appointment calendars; telephone bills; telephone messages; receipts; vouchers; minutes of meetings; pamphlets; -

computations; calculations; accounting (s); financial statements;-

voice recordings; computer printouts; and device or media on which or through which information of any type is transmitted, recorded or preserved. The term " document" also means every 5

copy of a document when such copy is not an identical duplicate of the original.

4. " 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.

5. The term " identify" means:

a. As to conversations, stating the parties of the conversation, the date of the conversation, the subject matter of the conversation, and the portions of the conversation responsive-to the particular interrogatory;

b. As to the individuals, stating their name, business address, position or job, their relation, if any, to the parties in this proceeding, and their present or former affiliation or contact with Respondent;

c. As to meetings and contacts, stating the date of each such meeting or contact, the participants and the titles of those participants, and the substance thereof. Identify all documents written during, or as a result of, such meeting or contact. Identify all communications preceding, during, and subsequent to such meeting or contact.

6. As used herein the-term "NRC investigation" shall-mean, . ,

included but not limited to, any inquiry, internal' discussion (s) or scrutiny by NRC. j l

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7. As used herein the term " Notice of Violation" shall refer to the Notice of Violation and Proposed Imposition of Civil Penalties, Docket # 50-424.

8. As used herein, the terms " Licensee", " Georgia Power Company", "The Southern Company", "SONOPCO", and any other derivative therefrom are intended to, and shall, embrace and include any agent or employee of Georgia Power Company, The -

Southern Company, and/or SONOPCO, past or present, their counsel and all their respective agents, servants, associates, employees, representatives, private investigators, and others who are or have been in possession of or may have obtained information for or on behalf of Georgia Power Company, The Southern Company, and/or SONOPCO.

III. INTERROGATORIES AND REOUEST FOR DOCUMENTS I

1. While Ken McCoy was stationed at the Grand Gulf facility, state whether Mr. McCoy (or as a result of anything attributed to Mr. McCoy , the ',icensee of the Grand Gulf facility) has ever been the subject of a NRC investigation for any act or  ;

I omission involving Mr. McCoy that in any way relates.or related to a potential or actual incident that in any way indicated that I I

Mr. McCoy did not or may not have the requisite character, H competence, integrity or honesty to continue in a' management role o I

at the Grand Gulf facility. 'If the answer is yes:

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a. Identify all past or current NRC employees i 1

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involved with the incident (s);  !

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b. Provide a written statement of all material and pertinent facts surrounding any such incident (s) ;

c. state whether the investigation or inqu'ry i was terminated as a result of Mr. McCoy's voluntary departure from that facility, or otherwise explain the current status and the reason for not commencing, terminating or concluding any such investigation.

d. produce all documents that in any way relate to this inquiry or investigation, including any and drafts of any memorandum, investigative notes, personal records, investigative summaries, compilation of materials, letters from individuals I

or any other documents of any sort related to Ken McCoy or NRC's investigation / inquiry of Mr. McCoy (on the licensee of the Grand Gulf facility). ,

2. Answer in detail the following pertaining to the Vogtle Coordinating Group:

a. .the purpose of the Vogtle Coordinating Group;

b. name all persons who are or have been members of j 1 the Vogtle Coordinating Group;

c. when was the need for the Vogtle Coordinating Group determined and why;

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d. when was it created; j

e. produce the following documents and.all documents, directly or indirectly, related to them: 1 1

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i) all documents pertaining to the January 4, 1994 Vogtle Coordinating Group presentation to the NRC management; ii) all documents pertaining to the February 2, 1994 meeting with the EDO; iii) the Group Charter of September 16, 1993; iv) the Group's Memorandum of December 17, 1993; v) all drafts of the February 9, 1994 Vogtle Coordinating Group Analysis; vi) all drafts of the documents listed in 1-v.

4. Answer in detail the following pertaining to the OI Report, Case No. 2-90-020R:

a. list all persons involved in its creation and the

. extent of their involvement;

b. produce all documents used in its creation or which resulted from its creation.

S. Answer in detail the following pertaining to the Notice of Violation:

a. list all persons involved in its creation'and-the extent of their involvement;

b. produce all documents used in its creation or which resulted from its creation;

c. produce all information reviewed by any member-of the Commission or the Commission's staff _ prior to the issuance of the of the Notice of Violation; 9 .

d. list every contact made portaining to the Notice of Violation,the subject of each such contact (s) and produce all documents, including dr'afts, pertaining to.such contact (s).

6. State what regulatory authority or authorities the NRC relied on to create the Vogtle Coordinating Group.

7. State in detail when the NRC Commission was first notified about the proposed findings of the Office of Investigations.

8. Provide all internal memorandum concerning the legality of creating the Vogtle Coordinating Group or any prior similar entity.

9. State in detail whether at the time the NRC Staff I

created the Vogtle Coordinating Group, the NRC Staff had been d advised of the Office of Investigation findings.

10. State what regulatory authority empowered the Vogtle Coordinating Group, or any other organization of the NRC Staff to' negate a finding of the Office of Investigation. Identify and produce all contacts and documents used and created in answering this interrogatory.

11. State in detail when.the NRC Commission was first-notified that senior officers of Georgia Power Company.may be j incriminated by the OI investigation. Answer in detail the following

a. who gave the notification;

b. why was the notification given; 10

c. produce all documents directly or indirectly related to the notification.

12. State in detail all contacts between the NRC and GPC  :

related to the OI Report. With respect to each contact identified answer in detail the following:

a. with whom was the contact made; U

b. when did the contact take place; -

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c. what was the reason for the contact; l

d. whern did the contact take place; j

e. how did the contact take place.

13. With respect to each contact identified in j i

interrogatory 12 above, if a written communication, in addition )

to the information required by Instruction II. D, identify all l

persons who received a copy and produce a copy of each such  ;

communication, including drafts.

14. With respect to each contact. identified in interrogatory 12 above, identify other documents which in any-manner discuss or relate to such communications and produce a copy of each document, including drafts.

15. State the date each of the Mosbaugh tapes in NRC's possession was released to GPC. For each such' tape released:

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a. Identify the corresponding NRC tape number;.

b. produce all communications to and from GPC concerning the release of these tapes.

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16. State the date each of the Mosbaugh tapes was in NRC's possession were released to Intervenor. For each such tape released:

d. Identify the NRC tape number of the tape;

b. produce all communications to and from GPC concerning the release of these tapes,

c. If all of the tapes in NRC's possession have not i

been released to Intervenor, state why.

l Respectf ly submitted, Stephen M. Kohn Michael D. Kohn KOHN, KOHN AND COLAPINTO 517 Florida Avenue, N.W. ,

Washington, D.C. 20001-1850 1 (202) 234-4663 Attorney for Intervenor j '

Dated: May 17, 1994 301\ inter 2.nrc l

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WTATED CORRESPONDENCE DOCKETED i UNITED STATES OF AMERICA U3NRC NUCLEAR REGULATORY COMMISSION

) WY 18 p3;57 In the Matter of )

) Docket Nos.

GEORGIA POWER COMPANY )

5 0 - 6 4~t q L [CRE 50-OSSfg$gg g 3y TARy DL Dls, ) E BRhNCF

) 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 Second set of Interrogatories and Request for Documents to Staff of the Nuclear Regulatory Commission has been served on the 17th day of May, 1994 on the following by first class mail postage prepaid upon the f'llowing:

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 Grpen 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

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• Ernest L. Blake, Jr.

David R. Lewis SHAW, PITTMAN, POTTS &

TROWBRIDGE 2300 N Street, N.W. .

Washington, D.C. 20037 dpi by first class-mail-on-May_2 4 994 upon:

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 V

By:

Stephen M. Kohn F0HN, KOHN & COLAPINTO, P.C.

1t7 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 301\ cert.7 2

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