ML20149F692
| ML20149F692 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 08/02/1994 |
| From: | Lamberski J GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#394-15520 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9408110079 | |
| Download: ML20149F692 (6) | |
Text
e f6520 00CKETED USHRC August 2, 1994 94 AUG -3 P 6 35 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONDOCW.E i
! T I~
,a, Before the Atomic Safety and Licensina Board
{
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, Units 1 and 2)
)
)
ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S RESPONSE TO INTERVENOR'S AUGUST 1, 1994 MOTION FOR CONTINUANCE Georgia Power Company ("GPC") opposes the lengthy extension requested by Intervenor's Motion for Continuance to File a Brief in Response to the Board's Memorandum and Order of July 28, 1994 (Motion to Accept Additional Factual Basis), dated August 1, 1994.
Intervenor's Motion requests the Licensing Board to grant a continuance of 25 days (from August 6 to August 31) for Intervenor to file its response to the Board's July 28 Order.
This request is unreasonable given that the sole justification for the length of the delay is that Mr. Mosbaugh is enjoying an extended vacation where, his counsel claims,8 he is inaccessible to his attorney.
8 GPC notes that, with respect to Mr. Mosbaugh's availability to consult with his counsel over the telephone during Mr. Shipman's deposition, Intervenor's counsel informed GPC counsel that he was expecting Mr. Mosbaugh to telephone him on or about August 2, 1994.
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Intervenor's Motion, at 2, lists three additional factors (items 1, 2 and 3) to justify its requested extension.
In i
essence, those factors assert that Intervenor's counsel is occupied over the next few days with filing briefs and attending f
depositions.
The fact that Intervenor's counsel is " busy" is insufficient justification for a delay, especially when Intervenor is receiving the support of four lawyers from the firm of Kohn, Kohn & Colapinto in this proceeding.2 Even were these reasons valid, they would not justify a delay in Intervenor's filing beyond a few days.
GPC is concerned that Intervenor would make himself inaccessible for nearly a one-month period and thereby adversely t
affect the schedule for this proceeding.8 No notice was served on GPC that Intervenor would be unable to participate in this proceeding during Mr. Mosbaugh's vacation.
Intervenor has engaged in extensive discovery over the past sixteen months,' and GPC has striven to respond in timely fashion and to otherwise f
l meet the schedules established by the Board.
At this point in the proceeding, it appears to be a small inconvenience for Mr.
Eurther, GPC understands Intervenor has already filed its 2
notices of deposition of NRC Staff witnesses and motion (s) to i
compel concerning NRC Staff responses to discovery requests.
3 All parties should be aware at this point of the Board's desire, consistent with the wishes of the Commission, to manage i
this case.
For that reason, in the January 27, 1994 str tus conference the Board had set a target for the completien of the adjudication of September.
Tr. 234-35.
- Egg Georgia Power Company's Proposed Schedule to Cramplete Proceeding (August 2, 1994) at 1-2.
2
~
___~.
Mosbaugh to make himself available to his counsel over the telephone to support the preparation of a brief in response to the Board's July 28 Order.
In the event that the Board determines, following the filing of Intervenor's brief, to accept the additional factual basis, th schedule for this proceeding will be greatly impacted, resulting in prejudice to GPC.
To minimize the harm to GPC that will result from further delays to the schedule, it is important for GPC to receive a ruling on Intervenor's Motion to Accept Additional Factual Basis as soon as possible.
A 25-day delay in the receipt of that decision is prejudicial in itself.
On August 2, 1994, counsel for GPC contacted NRC Staff counsel, to determine the NRC Staff's position on the requested extension, and was informed that the NRC Staff does not oppose an extension of time of five days from the Board's Aucust 6 deadline (i.e., August 11).
NRC Staff counsel indicated that the Staff would oppose an extension beyond August 11.
GPC believes that Intervenor could reasonably complete its brief in response to the Board's July 28 Order without placing an undue burden on Mr. Mosbaugh's vacation schedule.
Also, GPC believes this task could certainly be completed in a few days if Intervenor's counsel were not attending depositions of GPC personnel.
When the Board issued its July 28 Order, GPC believes the Board was unaware that Intervenor's counsel would be attending depositions away from his office between August 2 and August 6 (the date Intervenor's brief was required to be filed).
3
e 1
d Therefore, GPC would not oppose an extension of time beyond August 6 equal to the time during which Intervenor's counsel is l
l attending depositions of GPC personnel (the exact amount of time depends on whether or not Intervenor will opt to take Mr.
I 1
i Beasley's deposition on August 8).
GPC is opposed to any further extension of the deadline set by the Board's July 28 Order.
i l
l Respectfully submitted,
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James Joiner John Lamberski J
l TROUTMAN SANDERS 600 Peachtree Street, N.E.
Suite 5200 1
Atlanta, GA 30308-2216 (404) 885-3360 Ernest L.
Blake, Jr.
David R.
Lewis SHAW PITTMANN POTTS
& TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 (202) 663-8000 Counsel for Georgia Power Company Dated:
August 2, 1994 4
_ _ _, -... -.. _. ~.,.. __
00CKETED USNRC t
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 94 AUG -3 P6 :35 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OfflCE OF SECPETARY In the Matter of DOCKlflHG & EERVICE 0^
GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 l
21 A1 50-425-OLA-3 (Vogtle Electric Re: License Amendment Generating Plant, (Transfer to Southern I
Units 1 and 2)
Nuclear)
ASLBP No. 93-671-01-OLA-3 l
r CERTIFICATE OF SERVICE This is to certify that copies of the within and foregoing i
" Georgia Power Company's Response to Intervenor's August 1, 1994 1
Motion for Continuance" dated August 2, 1994 were served on a..
1
)
those listed on the attached service list by depositing same with an overnight express mail delivery service.
This is the 2nd day of August, 1994.
1 Af' hn Lambetski"
~
TROUTMAN SANDERS 600 Peachtree Street, N.E.
Suite 5200 l
Atlanta, GA 30308-2216 i
(404) 885-3360 i
5
.. _. _ _. _ _, -. _ _ _ _.,. -,. _.., - ~..
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e e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY, Docket Nos. 50-424-OLA-3 l
g_t al.
50-425-OLA-3 (Vogtle Electric Re: License Amendment Generating Plant, (Transfer to Southern Units 1 and 2)
Nuclear)
ASLBP No. 93-671-01-OLA-3 SERVICE LIST Administrative Judge Stewart D.
Ebneter Peter B.
Bloch, Chairman Regional Administrator Atomic Safety and Licensing USNRC, Region II Board 101 Marietta Street, NW U.S.
Nuclear Regulatory Suite 2900 Commission Atlanta, Georgia 30303 Two White Flint North 11545 Rockville Pike Office of the Secretary Rockville, MD 20852 U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.
C.
20555 James H. Carpenter ATTN:
Docketing and Atomic Safety and Licensing Services Branch Board i
933 Green Point Drive Charles Barth, Esq.
Oyster Point Office of General Counsel Sunset Beach, NC 28468 One White Flint North Stop 15B18 i
Administrative Judge U.S.
Nuclear Regulatory Thomas D. Murphy Commission Atomic Safety and Licensing Washington, D.
C.
20555 Board U.S.
Nuclear Regulatory
- Director, Commission Environmental Protection Two White Flint North Division 11545 Rockville Pike Department of Natural Rockville, MD 20852 Resources 205 Butler Street, S.E.
Michael D. Kohn, Esq.
Suite 1252 Kohn, Kohn & Colapinto, P.C.
Atlanta, Georgia 30334 517 Florida Avenue, N.W.
Washington, D.C.
20001 Of*1ce of Commission Appellate Adjudication One White Flint North 11555 Rockville Pike Rockville, MD 20852
-.