ML20070H823

Gap Responses to Intervenor Fourth Interrogatory & Document Request.* W/Certificate of Svc & Svc List.Related Correspondence

ML20070H823
Person / Time
Site:	Vogtle
Issue date:	07/20/1994
From:	Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	AFFILIATION NOT ASSIGNED
References
CON-#394-15449 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9407220102
Download: ML20070H823 (35)

Text

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Tfh REIATED CORRESPONDENCE 00CKETED July 2dI,SI$,994 UNITED STATES OF AMERICA ,

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NUCLEAR REGULATORY COMMISSION

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3EFORE THE ATOMIC SAFETY AND LICENSING BO g'gh-(f,RElAih

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[3iin XH In the Matter of

• GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3 gi 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 GEORGIA POWER COMPANY'S RESPONSES TO INTERVENOR'S FOURTH INTERROGATORY AND DOCUMENT REOUEST I. INTRODUCTION.

Georgia Power Company ("GPC") hereby responds to Interven-or's Fourth Interrogatory and Document Request to Georgia Power, dated June 29, 1994 (the " Fourth Request").3 This response addresses only Interrogatories Nos. 1-4, 18, and 20-32 and Document Request No. 5. GPC's response to the remaining document requests (Nos. 6-17 and 19) will be provided by July 29, 1994. j A number of GPC's responses to these interrogatories state objections on the ground that Intervenor seeks information which 1 l

is outside the scope of discovery established by the Board's l Memorandum and Order (Scope of Discovery), dated June 2, 1994. l l

Also, in several cases, Intervenor requests GPC to provide 1

8 By agreement of the parties, the date for GPC's response  ;

to the interrogatories contained in Intervanor's Fourth Request was extended until July 20, 1994.

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l Also, in several cases, Intervenor requests GPC to provide information which requires GPC to perform analyses that Intervenor is able to perform himself. GPC objects to performing such analyses on the grounds of 10 C.F.R. S 2.740 (b) (3) .

II. GENERAL OBJECTIONS.

A. GPC objects to Instruction D of the Fourth Request (p.

3) which requires GPC provide detailed information with respect each document referred to in any of the interrogatory responses.

Given that Intervenor is intimately familiar with most of these documents, GPC objects to providing detailed information about those documents on the grounds that it would be unduly burdensome and oppressivo.

B. GPC also objects to Instructions E (pp. 3-4) and F (on

p. 4) of the Fourth Request which require detailed information ,

concerning every oral communication and person referred to in each of GPC's responses to interrogatories. Compliance with such instructions would be unduly burdensome and oppressive given that a number of the responses refer to tape recordings made by Intervenor in 1990. Intervenor is intimately familiar with such tapes and the persons whose voices are recorded thereon.

C. As a general matter, GPC objects to Intervenor's definition of " Licensee," " Georgia Power Company," "The Southern Company," and "SONOPCO," and consequently to interrogatories which request information known to "GPC" as defined by Intervenor. Intervenor defines these terms-as' including every i

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1 agent or employee of GPC, The Southern Company, and/or SONOPCO, I past or present, their counsel and all their respective agents, I

servants, associates, employees, representatives, and private investigators, and others who are or have been in possession of ,

or may have obtained information for or on behalf of any of those entities. As a result, Intervenor would have GPC conduct an investigation as to the knowledge of every employee, agent or representative of each of these companies and individuals. Such an investigation of each of Intervenor's interrogatories would be unduly burdensome and oppressive. Without waiving this objection, GPC has endeavored to respond to Intervenor's interrogatories and document requests by making a reasonable inquiry of those individuals who GPC believes have material information related to these requests.

D. GPC generally objects to the identification, or disclosure, of those communications and documents which are sub-ject to the attorney work product doctrine or the attorney-client communication privilege. GPC has been defending actions initiat-ed by Intervenor since mid-1990. In addition to this proceeding, such actions include (1) NRC inspections, an NRC Office of Inves-tigations ("OI") investigation, and an NRC enforcement action re-specting those allegations lodged by Intervenor in the Hob-by/Mosbaugh Petition related to the diesel generator statements issue, (2) three separate actions before the Department of Labor, (3) an investigation by the Department of Justice, and (4) an inquiry by a Congressional Subcommittee. GPC's legal counsel has l l

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l been heavily involved in the defensa of these actions and, as a result, has generated a large number of documents in preparation of such defenses. It would be oppressive and unduly burdensome and expensive for GPC to identify each and every one of such documents which are subject to either or both of (1) the attorney work product doctrine (i.e., they were prepared by legal counsel in anticipation of litigation and their disclosure would reveal the mental impressions of legal counsel), or (2) the attorney-client communication privilege (i.e., communications from GPC to its legal counsel made in confidence for the purpose of obtaining legal advice and counsel).

IV. RESPONSES TO INTERROGATORIES.

1. In connection with the NRC Notice of Violation, dated May 9, 1994, or the Demands for Information, the following contacts have been made with representatives of the NRC since May 9, 1994 (in addition to those contacts identified in GPC's Response to Allen L. Mosbaugh's Third Set of Interrogatories, dated June 10, 1994): )

(i) (Franklin) Telephone call by Allen Franklin to Stewart Ebneter on or about May 10, 1994 notifying Mr. Ebneter of i

GPC's receipt of the Notice of Violation and Demands for '

Information.

(ii) (Hairston) Telephone call from W. G. Hairston, III to l

Mr. James Taylor, NRC Executive Director of Operations, on

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l May 27, 1994 informing Mr. Taylor of GPC's written request to Mr. James Lieberman for an extension of time to respond to the Notice of Violation and Demands for Information. <

(iii) (Morris) Telephone call by Bruce Morris, Esquire, to Mr. Joseph Gray of the NRC to confirm that the extension of time for GPC to respond to the Notice of Violation and Demands for Information extended to the individuals named in the Demands for Information.

(iv) (Domby) Brief discussion between Charles Barth and Arthur Domby in the presence of Darl Hood on or about the first week of June, 1994, in Atlanta, Georgia, concerning whether the Office of Enforcement had reviewed transcripts developed by the NRC's Incident Investigation Team prior to issuance of Violation B contained in the Notice of Violation.

2. (Franklin, Hairston, Morris, and Domby) Other than those documents previously produced to Intervenor by Georgia Power Company's Response to Allen L. Mosbaugh's Third Set of Interrogatories, dated Jtme 10, 1994, GPC is unaware of any document produced directly as a result of contacts referred to in response to Interrogatory No. 1.

3. (Bailey) GPC believes that a document, which is substantially similar to the document identified as Exhibit 13 during the deposition of John Aufdenkampe on June 14, 1994, was provided by GPC to the NRC Incident Investigation Team during the time period March 20, 1990 through April 14, 1990. That document (Bates Nos. 062499-502) is identified as IIT #143 in the bibliography of documents collected by the IIT. That document does not have on it the hand-written note which appears at the top of Exhibit 13.

4. (Bailey) The daily high and low outdoor temperature of each day between March 1, 1990 and June 30, 1990 as recorded at Plant Vogtle is identified on the attached meteorological station records.

5. (Domby) The correspondence requested was previously produced to Intervenor by Georgia Power Company's Response to Allen L. Mosbaugh's Third Set of Interrogatories, dated June 10, 1994.

18. (Bailey) GPC has previously produced to Intervenor the

" blue folder" file maintained for the April 9, 1990 GPC letter (Bates Nos. 057742 through 057827), which contains drafts of the letter. In addition, GPC is aware of another draft of the letter, dated April 7, 1990 (Bates Nos. 006225-28), which is the first draft in which the "18 and 19" starts statement appears.

Other than the information which appears in these documents, GPC is unaware of information responsive to this interrogatory.

. i l

20.a. (Domby) GPC previously addressed the basis of the quoted portion of the GPC's April 1, 1991 response to Intervenor's 2.206 petition in an October 3, 1991 supplemental response, a copy of which has been previously produced to Intervenor. The supplemental response states, in part, that the documents prepared in August, 1990 and provided to the NRC Operational Safety Inspection Team as well as Mr. Hairston's recollection (as of April 1, 1991) were the foundation for the l

footnote statement.  !

20.b. (Domby) If this interrogatory was intended to ask GPC whether any affidavits were utilized during the preparation of the April 1, 1991 response to the 2.206 petition, the answer l

is yes.

20.c. (Domby) The drafter of the quoted phrase was Arthur Domby, Esquire, counsel to GPC. Reviewers included John

Lamberski,. Esquire, W. G. Hairston, III, R. Patrick Mcdonald, and i

C. Kenneth McCoy. Collectively, these individuals relied upon j the facts as set forth in this response and their recollections .

of the underlying events.

21. (McCoy) GPC is unaware of any tape segments on Tape 58 which-resulted in a revision to any portion of the quoted phrase.

The quoted phrase is the final language included in LER 90-006 and transmitted to the NRC on April 19, 1990. Further, GPC objects to performing additional analyses of tapes when Intervenor is able to perform this task himself.

22. (McCoy) Tape 58 contains discussions of the phrase

" comprehensive test program" with respect to LER 90-006, which was under discussion on April 19, 1990. GPC believes there were other discussions concerning the phrase " comprehensive test program." The portion of the conference call between site and corporate office personnel during which the phrase " comprehensive test program" was discussed is only partially recorded and the context of the recorded portion suggests this phrase may have been discussed before Mr. Mosbaugh joined the discussion. GPC i also notes that later discussions recorded on Tape 58 refer to an earlier apparently unrecorded discussion among George Bockhold, William Shipman and John Aufdenkampe concerning the meaning of the phrase. Participants in these conversations, however, no longer have sufficient recollections of any unrecorded discussions to identify the substance.

23. (Stringfellow, Aufdenkampe) GPC interprets this interrogatory as seeking information concerning the identity of individuals in the Birmingham office who were advised of Mr.

Bockhold's definition of the completion of the " comprehensive test program," as reflected in the discussion among Messrs.

Shipman, Aufdenkampe, Mosbaugh and Stringfellow on Tape 58, dated April 19, 1990. Based on a review of the transcript of Tape 58, GPC is aware that Messrs. Shipman, Aufdenkampe, Mosbaugh and Stringfellow were advised of Mr. Bockhold's definition. GPC is unaware of anyone else who was advised of that definition.

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23.a. (Bockhold, Aufdenkampe) Based on a review of Tape '

58, Mr. Bockhold believes that he informed Messrs. Shipman and Aufdenkampe of his definition and Mr. Aufdenkampe believes he ,

1 relied on Mr. Bockhold for his definition. Other than the statements on Tape 58, GPC is unaware of any other information provided.

23.b. (Bockhold) The start number for each of the Unit 1  ;

l diesel generators which corresponds to Mr. Bockhold's definition is set forth in Georgia Power Company's Response to the NRC Staff's First Set of Interrogatories, dated August 9, 1993, at 3.

23.c. (Bockhold) on April 19, 1990, Mr. Bockhold believed his definition was being independently verified. However, GPC is unaware that Mr. Bockhold's definition was independently verified.

24.a. (Stringfellow) GPC is unaware that any individuals in the Birmingham office learned, on or before April 19, 1990, that the statement in the April 9, 1990 letter related to the number of starts could or did constitute a material false j statement. GPC observes that Tape 57 contains discussions between individuals in the Birmingham offices and the Plant Vogtle site, including Intervenor, concerning the statement in the April 9, 1990 letter related to "no problems or failures i I

during any of these starts." Based on a review of Tape 57, GPC '

believes that Messrs. Shipman and Stringfellow learned that the "no problems or failures" language might be inaccurate.

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! 24.b. (Stringfellow) The source of their knowledge was statements made by Messrs. Aufdenkampe and Mosbaugh on April 19, 1990. l l

24.c. (Stringfellow) GPC is unaware of any information responsive to this interrogatory. l l

25. (McCoy) Other than the discussions which are recorded ]

on Tapes 57 and 58, GPC is unaware of any steps taken by anyone in Birmingham between April 9 and April 30, 1990 to determine whether the April 9, 1990 letter contained a material false '

statement.

26. (McCoy) Other than the discussions which are recorded on Tapes 57 and 58, GPC is unaware that anyone in Birmingham intended to take any action to correct the April 9, 1990 letter before Allen Mosbaugh requested such action in an April 30, 1990 memorandum to Mr. Bockhold. However, Mr. McCoy believes that he contacted Ken Brockman of the NRC on April 19, 1990 at 4:12 p.m.

EST, as reflected by conversations among Messrs. Aufdenkampe, Mosbaugh, Shipman and Stringfellow on Tape 58, to confirm that the April 9 letter was not misconstrued by the NRC.

27. (McCoy) GPC interprets this interrogatory as requesting information concerning whether individuals in Birmingham were aware of Mr. Mosbaugh's April 30, 1990 memorandum to Mr. Bockhold at that time it was presented or shortly thereafter. GPC is 1

unaware of any manager stationed in Birmingham who was aware of Mr. Mosbaugh's April 30 memorandum when it was presented or shortly thereafter.

28.1 (Bailey) No. 10 C.F.R. S 50.9 only requires a report to the Commission of information which a licensee has identified as having for the regulated activity a significant implication for public health and safety or common defense and security.

Further, such notification is not necessary if the information is already required to be provided to the Commission by other reporting or updating requirements.

28.1.a. (McCoy) GPC is unaware that Southern Nuclear or GPC personnel notified the Regional Administrator of NRC Region II of any misleading, false or materially incorrect information in the April 9, 1990 letter within two working days of April 9, 1990.

28.2 (McCoy) GPC interprets this interrogatory as requesting information concerning discussions which occurred between April 9, 1990 and April 30, 1990. GPC is unaware of any managers in the Birmingham corporate offices who discussed whether 10 C.F.R. S 50.9 applied to filing a correction to the confirmation of action response letter of April 9, 1990.

29.a. through 29.c. (Bockhold) Exhibit 44 to the December 20, 1993 OI Report is the final draft of " white papers" developed l

in response to the August, 1990 special NRC Operational Safety j 1

l

Inspection. During this inspection, the NRC identified specific areas of concern and an NRC contact person. GPC designated Vogtle contact persons to coordinate GPC's response to the NRC's concerns. Generally, the NRC contact persons identified particular issues being examined, including the documentation previously reviewed by the agency. GPC prepared company position statements in response to the issues identified. GPC also attempted to identify in most instances additional documentation that the Company believed would be helpful to the NRC in its review of the issues. For some issues, the NRC posed questions which GPC was requested to answer. GPC's position statements were reviewed for accuracy during meetings involving many of the plant managers as well as some corporate managers. GPC is unaware of any draft of Exhibit 44 that identified Mr. McCoy as a participant in response to questions 3 or 5. In addition, the only earlier draft of which GPC is aware did not identify other participants who are not listed in the response to questions 3 or 5 as set forth in Exhibit 44.

29.d. (Bockhold) Each GPC employee who attended meetings to review draft responses to NRC questions 1, 3 and 5 had an individual responsibility to identify any inaccuracy or incompleteness in the information to the best of their knowledge.

In addition, GPC counsel specifically asked the participants in l one of the review meetings which was taped by Intervenor whether anyone other than the identified individuals participated in the  !

l discussions referred to by questions 3 and 5. )

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29.e. (Frederick) Mr. Frederick coordinated GPC's response to the questions posed in Exhibit 44. Since Mr. Frederick was not a participant in the matters referenced by questions 1, 3 and 5, Mr. Frederick relied on the recollections of others with respect to the accuracy of those answers.

29.f. (Domby) Except to the extent disclosed on the tape recording identified in the response to Interrogatory 29.d, GPC objects to this interrogatory on the grounds that the information requested is protected by the attorney-client communication privilege and attorney work product doctrine.

29.g. (McCoy) Mr. McCoy participated in the review of GPC's response to questions 3 and 5. GPC is unaware of whether Mr. McCoy was specifically asked if he participated in any phone conference between site management and corporate management regarding the final revisions of LER 90-006 or the addition of 1

the words " subsequent to this test program" in such LER. l l

29.h. (Hairston) GPC does not believe Mr. Hairston was j specifically asked if he participated in a phone call between i

site management and corporate management regarding the final i revisions of LER 90-006 or the addition of the words " subsequent to this test program" in such LER.

30. (Bockhold) Mr. Bockhold believes this response accurately portrays that Mr. Burr assisted Mr. Bockhold with preparing for the April 9, 1990 presentation to the NRC. GPC acknowledges that Mr. Burr has a differing recollection.

30.a. and 30.c. (Bockhold) Please see the response to Interrogatory No. 29.a. through 29.c. GPC is unaware that the earlier draft of which GPC is aware, or document used when preparing such earlier draft or the final document, identified or had deleted any other participants who are not listed in the response to question 1 as set forth in Exhibit 44.

30.d. through 30.f. Please see the response to Interrogatory No. 29.d through 29.f.

30.g. (Burr) GPC does not believe Mr. Burr was specifically asked if he should be identified in the answer to question 1.

31.a. (McCoy) Yes. Southern Nuclear personnel first learned of this when Tape 58 became available in December of 1993.

31.b. No. Please see the response to Interrogatory No.

28.1.

32. (Hairston) Mr. Hairston recalls that, on April 19, 1990, information was imparted to him that everyone involved in the development of the LER concurred that the LER, as finalized, was accurate.

32.a. and 32.b. (Hairston) Mr. Hairston does not have a specific recollection of how he determined that everyone agreed, but based on practice believes that the LER was represented as accurate when provided to him for signature. The LER would have been presented to him by corporate office personnel, although he does not have'a recollection of any specific individual.

32.c. (Hairston) Mr. Hairston first' learned'that, on April 19, 1990, "not everyone agreed" when he became aware of the contents of Tape 58 following GPC's receipt of a copy of that tape from the NRC in December, 1993. That is, Tape 58 indicates that Mr. Mosbaugh held concerns as to the accuracy of the language in the final LER but did not take exception to the submission of the LER in his final discussion with Mr. Shipman on April 19, 1990. In addition, Mr. Hairston became aware of Mr.

Mosbaugh's allegations concerning the April 19, 1990 LER when GPC received a copy of Intervenor's Section 2.206 petition in.

September of 1990.

t 1

Dated: July 20, 1994 ohn Lamberski '

TROUTMAN SANDERS Suite 5200  ;

600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 l

'l (404) 885-3360 '

Ernest L. Blake David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20337 (202) 663-8084 counsel for Georgia Power Company i

l 4

00CKETED UNITED STATES OF AMERICA USHRC NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensina Board 0FFICE OF SECRETARY

) 00CKEllNG & SER /!CF In the Matter of ) Docket Nos. 50-424-OLA-3R ANCH

) 50-425-OLA-3  !

GEORGIA POWER COMPANY, )

et al. ) Re: License Amendment

) (Transfer to Southern '

(Vogtle Electric Generating ) Nuclear)  !

Plant, Units 1 and 2) ) l

) ASLBP No. 93-671-01-OLA-3 l l

CERTIFICATE OF SERVICE I hereby certify that copies of Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document j Request, dated July 20, 1994, were served by express mail upon the persons listed on the attached service list or, where l l

indicated by an asterisk, by hand delivery, this 20th day of l July, 1994.

m_

hn" Lamb (rski

I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GEORGIA POWER COMPANY,

• Docket Nos. 50-424-OLA-3 at al.

• 50-425-OLA-3 1

)

(Vogtle Electric

• Re: Liriase Amendment '

Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

I ASLBP No. 93-671-01-OLA-3 EERVICE LIST  ;

Administrative Judge Stewart D. Ebneter Peter B. Bloch, Chairman Regional Administrator Atomic Safety and Licensing USNRC, Region II Board 101 Marietta Street, NW i U.S. Nuclear Regulatory Suite 2900 l Commission Atlanta, Georgia 30303 '

Two White Flint North 11545 Rockville Pike Office of the Secretary Rockville, MD 20852 U.S. Nuclear Regulatory i Commission l Administrative Judge Washington, D. C. 20555 l James H. Carpenter ATTN: Docketing and l Atomic Safety and Licensing Services Branch Board 933 Green Point Drive Charles Barth, Esq.

Oyster Point Office of General Counsel Sunset Beach, NC 28468 One White Flint North Stop 15B18 Administrative Judge U.S. Nuclear Regulatory Thomas D. Murphy Commission  ;

Atomic Safety and Licensing Washington, D. C. 20555 i Board l U.S. Nuclear Regulatory Director, l Commission Environmental Protection l 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 I Roswell Holiday Inn Atlanta, Georgia 30334 l 1075 Holcomb Bridge Road Roswell, GA 30076 Office of Commission Appellate Adjudication One White Flint North 11555 Fockville Pike Rockville, MD 20852

l l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• l l

GEORGIA POWER COMPANY, Docket No. 50-424-OLA-3

• 50-435-OLA-3 et al.  !

(Vogtle Electric Re: License Amendment Generating Plant, * (Transfer to Southern  !

Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 1

AFFIDAVIT OF H. ALLEN FRANKLIN l l

I, H. Allen Franklin, being duly sworn, state as follows: i

)

1. I am employed by Georgia Power Company as President and Chief Executive Officer.

2. I am duly authorized to verify Georgia Power company's .

Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended. l 1

I hereby certify that the statements and opinions in such  !

responses are true and correct to the best of my personal knowledge and belief.

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k) J '

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H. Allen Franklin Sworn to and subscribed before me this /9d' day of Jul, 1994.

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?{p6ary Pt:blic "A<m

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My commission expires [: (f 97

1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 91 al.

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF W. GEORGE HAIRSTON. III I, W. George Hairston, III, being duly sworn, state as follows:

1. I am employed by Southern Nuclear Operating Company, Inc.

as President and Chief Executive Officer and Georgia Power Company as Executive Vice President.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

W.

bl. tw

~G irorg'e Hairston, III Y 1 Sworn to and subscribed before me this /'7A day of

, July, 1994.

. terto w L N6tary Pifblic '

My commission expires: / elf /5/Ch

/

[

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j In the Matter of

• j

• l GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 l gt al.

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment l Generating Plant, *

(Transfer to Southern )

Units 1 and 2)

• Nuclear) I l

• ASLBP No. 93-671-01-OLA-3  ;

AFFIDAVIT OF BRUCE H. MORRIS I, Bruce H. Morris, being duly sworn, state as follows:

1. I am a partner in the law firm of Finestone, Morris &

Wildstein and I am duly admitted to practice law before the Courts of the State of Georgia and all the federal courts in Georgia.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief. f O -

s L. A <.- hC Bruce H. Morris Sworn to and subscr,1 bed before me.this /VN day of July, 1994:.

\1 r Notary Public~~

My commission expires:

TVETTERit MIARY PUBUC Delsh 0mmty.

4 esammens heres ces.17,

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• l

• 1 GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 l nt;, gl.

• 50-435-OLA-3 .

• l (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF ARTHUR H. DOMBY I, Arthur H. Domby, being duly sworn, state as follows:

1. I am a partner in the law firm of Troutman Sanders, where I have practiced law since being admitted to the State Bar of Georgia in 1979. I hm also admitted to practice in the State of New York.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

- . r Arthur H. Domby Sworn to and subscribed before me thisjo W day of July, 1994, s hN Notary Public kN Qx My commission expir ]us:

-- - . _ _ _ - . -- . ~ . - . . . . - . - . . . .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 el .a_1

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 l AFFIDAVIT OF JAMES A. BAILEY 1

I, James A. Bailey, being duly sworn, state as follows: I

1. I am employed by Southern Nuclear Operating Company, Inc.

l as Manager, Licensing, Vogtle Project.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

W -

/

James A. Bailey Sworn to and subscribed before me this / //M. day of

, 1994.

w M.

Hghry Public My commission expires:

& . /9, 1992 i

i l

1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 g t; g l .

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF C. KENNETH McCOY I, C. Kenneth McCoy, being duly sworn, state as follows:

1. I am employed by Southern Nuclear Operating Company, Inc.

as Vice President-Vogtle Project and by Georgia Power Company as Vice President-Vogtle. I

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such l

responses are true and correct to the best of my personal knowledge I and belief.

(?. 5011 L#

C. Kenneth McCoy ,.e Sworn to and subscribed l before me this /@ day of July, 1994. ,

11LLu Notary PuSlic tw- 1ff My commission expires: bl-// N 1

4 m.- ~-re,- , -s.- .----c, -e.- a

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 gt al.

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF N. JACKSON STRINGFELLOW I, N. Jackson Stringfellow, being duly sworn, state as follows:

1. I am employed by Southern Nuclear Operating Company, Inc.

as Project Engineer, Nuclear Licensing, Vogtle Project.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

~

i

. O

's/

N. ckson Stringfell Sworn to and subs,gribed before me this /7 day of July, 1994.

Not'ary @ublic-My commission expires: g . ,7,,

g i

I

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 91 al.

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF GEORGE BOCKHOLD, JR.

I, George Bockhold, Jr., being duly sworn, state as follows:

1. I am employed by Southern Nuclear Operating Company as General Manager, Nuclear Technical Support.

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief, b

George Bockhold, Jr.

Sworntoandsupscribed before me thisgolkday of July, 1994. -

>% kib k j

liotary PubTic My commission expires:

* ~ $1

.SENLBJHLogR 49,, ,,,_,, ,_ , , j7-19-94';4:24PNi TROUTNAN. SANDERS $ '1 205 877 7885:# 2 UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION BEFORE TNE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• GEORGIA POWER COMPANY,

• Docket No. 50-424-0IA-3 at 31

• 50-435-OLA-3 (Vogtle Electric

• Re License Amendment Generating Plant, * (Transfer to Southern .

Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF JOHN G. AUFDENKAMPE I, John G. Aufdenkampe, being duly sworn, state as follows:

1. I an employed by southern Company services, Inc. as Design Team Leader-Vogtle Project. *

2. I am duly authorised to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge .

and belief.

M

/

/ John G.

/

Aufdenkampe

/

Sworn to and subscribed before me this /9 day of July 1994.

AA GY4 W tary Pu Mycommis$1cnon expirest NY ColmssmD71RESmrJl#.(12,1597

l l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l

In the Matter of

• GEORGIA POWER COMPANY,

• Docket No. 50-424-OLA-3 91 A1

• 50-435-OLA-3 l (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern  !

Units 1 and 2)

• Nuclear) l j

• ASLBP No. 93-671-01-OLA-3 )

AFFIDAVIT OF GEORGE R. FREDERICK I, George R. Frederick, being duly sworn, state as follows:

1. I am employed by Georgia Power Company as Manager of Maintenance, Plant Vogtle.

2 I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request;.

specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

&2n"fl

/

lf L George R. Frederick Sworn to and subscribed before me this /Y day of July, 1994. ,

"o nI! Yo Jm kJ Notary Public My commission expires:

cury mese w ca.ney.w.

MF h4*=o Om 2c,1saa l

r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

• GEORGIA POWER COMPANY, Docket No. 50-424-OLA-3 e_t al .

• 50-435-OLA-3 (Vogtle Electric

• Re: License Amendment Generating Plant, *

(Transfer to Southern Units 1 and 2)

• Nuclear)

• ASLBP No. 93-671-01-OLA-3 AFFIDAVIT OF KENNETH S. BURR I, Kenneth S. Burr, being duly sworn, state as follows:

1. I am employed by Southern Nuclear Operating Company, Inc. ,

Birmingham, Alabama, as Senior Project Engineer

2. I am duly authorized to verify Georgia Power Company's Response to Intervenor's Fourth Interrogatory and Document Request; specifically, those responses to which my name as been appended.

I hereby certify that the statements and opinions in such responses are true and correct to the best of my personal knowledge and belief.

1 M. '

f W

'h Kenneth S. Burr Sworn tc and subscribed before me this 19 day of July 1994, i b& &

Notary Pu611c My commission expires:  :!m":r/C Cr; swr:2f!2,1537

j l

j 31 ARCH 1990 MINIMUM AND MAXIMUM TEMPERATURES (DEGREES F)

MAXIMUM _

f DATE MINIMUM l 47.8 63.3 1

l 46.3 60.4 2

51.7 60.3 f 3

44.6 66.6 4

44.8 70.0 5 l 47.3 70.6 6

47.3 54.9 __

7 41.9 47.0 8 f 46.3 55.2 1 9

52.8 78.5 10 55.9 83.1 11 58.2 83.7 12 59.0 83.2 _

13 55.7 79.6 14 60.4 80.1 __

15  ;

55.6 71.0 16 46.8 69.8 17 ,

43.4 11.4 18 f 36.6 57.1 19 35.1 64.4 20 71.3 21 40.4 _

50.6 78.0 22 53.5 78.9 23  :

55.5 79.1 24 55.3 74.1 __

25 50.0 61.1 26 46.9 63.2 _

27 51.8 58.0 28 58.2 29 48.1 _

55.3 66.7 __

30 51.8 79.4 31 ,

m.

l APRIL 1990 MINIMUM AND MAXIMUM l TEMPERATURES (DEGREES F) _

DATE MINIMUM MAXIMUM 59.5 83.4 1

73.6 '

1 2 57.3 _

l 3 46.7 63.7 4 35.2 64.8 f

44.3 78.4 5

58.3 77.2 l 6 _

44.2 59.6 7

8 39.4 65.4 __.

44.6 70.6 9

58.4 75.8 10 11 50.6 65.7 '

37.6 62.5 12 13 39.0 66.8 14 48.3 67.6 59.3 76.5 15 __

52.2 79.1 16 51.3 83.8 17 18 52.3 70.4 19 51.1 60.4 20 55.8 73.1 53.0 77.9 21 _

58.1 78.8 22 77.5 l 23 55.0 l

51.6 82.3 24 54.4 84.7 25 57.1 86.5 26 27 54.5 85.8 58.4 75.0 28 53.1 75.6 29 62.2 85.9 30

! vetturett294

l MAY 1990 MINIMUM AND MAXIMUM TEMPERATURES (DEGREES F)

DATE MINIMUM MAXIMUM 1 65.3 89.7 2 62.8 91.2 __

3 67.0 86.4 4 69.5 84.5 _

5 66.0 16.2 -

6 54.7 65.2

~i 7 49.8 75.5 l

~

8 50.4 76.6 9 61.8 72.9  ;

10 59.2 83.7 11 48.6 76.9 12 55.4 80.7 13 63.5 78.9 14 60.8 85.7 1$ 63.9 87.5 16 65.0 90.2 M 68.3 87.1 20 67.7 89.4 21 66.2 88.0

'22 63.6 78.9 23 55.1 76.1 _

24 56.0 79.9 25 57.9 82.5 26 62.6 87.4 27 68.9 90.1 28 66.9 83.2 -l 29 62.9 77.0 f 30 58.3 79.0 31 60.7 79.4 4

..l V0 TEMP 071294 l 1.

- . . . __. ._ a

e _.

JUNE 1990 MINIMUM AND MAXIMUM TEMPERATURES (DEGREES F) - - - ,

DATE MINIMUM MAXIML%1 1 60.4 82.7 2 65.4 79.7 3 68.1 89.5 4 70.5 88.4 5 67.4 84.4 6 65.0 87.4 7 71.3 91.1 8 69.5 92.7 9 67.7 88.2 to 70.5 92.5 11 68.5 84.5 12 66.2 83.7 13 61.2 83.6 14 64.8 90.9 15 73.8 92.2 16 71.9 81.2 17 69.1 85.8 ._

18 66.2 91.9 19 72.4 95.5 20 68.8 94.6 21 72.3 100.0 22 76.6 95.3 23 70.9 86.1 24 65.7 88.9 __

25 66.9' 90.5 26 68.3 89.6 _.

27 67.6 91.2 28 68.5 93.2 29 70.2 97.3 30 74.0 98.1 I

y.~-4 - - -