ML20080A365

Intervenors Motions to Postpone Depositions of NRC Personnel Until Conclusion of License Transfer Hearing.* Request for Postponement Approved.W/Certificate of Svc & Svc List

ML20080A365
Person / Time
Site:	Vogtle
Issue date:	10/17/1994
From:	Kohn M GEORGIA POWER CO., KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20080A344	List: ML20080A341 ML20080A365
References
CON-#494-15826 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9411010036
Download: ML20080A365 (5)

Text

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00CHETED USNRC

'94 OCT 18 P3 p,qtober 17, 1994 UNITED STATES ,hpkl.CA@E iAR Y NUCLEAR REGULATOR COMMISSION " V j L L ATOMIC SAFETY AND LICENSING'BbARD Before Administrative Judges:

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

)

In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 et al., )

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

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

INTERVENOR'S MOTIONS TO POSTPONE DEPOSITIONS OF NRC PERSONNEL UNTIL THE CONCLUSION OF LICENSE TRANSFER HEARING COMES NOW, Allen Mosbaugh, Intervenor in the above captioned matter, pursuant to 10 C.F.R. S2.740(d), and respectfully moves the Atomic Licensing and Safety Board to postpone the taking of depositions of NRC personnel until after the hearing concerning the transfer of control of the license is concluded. Intervenor makes this request for the following reasons:

1. The discovery on diesel generator issues should have been concluded on August 8, 1994, but NRC Staff did not make NRC personnel available for deposition before the close of discovery; i

I 9411010036 941017 PDR ADOCK 05000424 O PDR

2. The proceeding has been bifurcated. The first matter to be heard relates to transfer of control of the license, which is scheduled to commence on December 19, 1994 and Intervenor is devoting his efforts to prepare for the hearing. The second matter scheduled for hearing concerns the diesel generator issues, and is scheduled for hearing on March 15, 1994;

3. Depositions of NRC personnel were included in the schedule adopted by the Board at the last status conference and set for January 4-13, 1995 (August 12, 1994 ASLB Hearing Transcript at p. 636, 643); also see September 8, 1994 letter from John Lamberski at p. 2 (acknowledging that NRC witnesses to be deposed between January 4-13, 1995);

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4. Intervenor's counsel was not contacted to participate in calls taking place between NRC Staff and GPC's counsel and specifically did not agree or consent to changes in the timing of the taking of NRC depositions. Based on the current proposed schedule, 4

it appears that GPC anticipates conducting five depositions on five separate dates requiring two trips to Atlanta, Georgia outside the agreed to schedule of January 4-13, 1995;

5. The depositions of NRC personnel are limited to i

diesel generator issues. Intervenor is geared to bring license transfer issue to hearing. Preparing for 2

diesel generator depositions of NRC personnel, l including those Intervenor plans to conduct, will l strain Intervenor's legal resources to the extent that preparation of Intervenor's license transfer _ case _will l

be harmed;  !

6.

~

As a result of bifurcating the hearing, it would be an unfair burden on Intervenor to allow depositions I

of NRC personnel related to diesel generators to go I forward before the conclusion of the illegal license transfer portion of this proceeding. See August 12, 1994 ASLB Hearing Transcript at p. 637, 640.

CONCLUSION For the above stated reasons Intervenor respectfully moves this Honorable Board to postpone the taking of depositions of all NRC personnel regarding diesel generator issues until the conclusion of the hearing on the illegal license transfer.

Respectfully submitted, lVA [

Michael D. Kohn Mary Jane Wilmoth  !

KOHN, KOHN & COLAPINTO, P.C. l 517 Florida Ave., N.W. '

washington, D.C. 20001 (202) 234-4663 Counsel to Intervenor 3

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DOCKETED US"C CERTIFICATE OF SERVICE .c g p3 gj I hereby certify that INTERVENOR'S MOTIONS TO POSTPONE p [ r i g e r M C R E T/' T Y 4

DEPOSITIONS OF NRC PERSONNEL UNTIL THE CONCLUSIOhg g;Q CENSE [ s!CF BR n 1.:id TRANSFER HEARING was served via first class mail on October 17, 1994 upon the persons listed in the attached Service List; and that additional copies were served via facsimile that same day on persons identified with ("*")

By:

Mar.y .Tn t:e Wilmoth Ah ut.n l Neb d KOHN, KOHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 C:\ FILES \301\ MOTION.DGD 4

.o ..

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 et al., )

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 SERVICE LIST

• Administrative Judge Administrative Judge Peter B. Bloch, Chair James H. Carpenter Atomic Safety and Licensing Board 933 Green Point Drive U.S. Nuclear Regulatory Commission Oyster Point Washington, D.C. 20555 Sunset Beach, NC 28468

• Administrative Judge

• Charles A. Barth, Esq.

Thomas D. Murphy Office of General Counsel Atomic Safety and Licensing Board U.S. N.R.C U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 John Lamberski, Esq. y Ernest L. Blake, Jr.

Troutman Sanders David R. Lewis Suite 5200 SHAW, PITTMAN, POTTS &

600 Peachtree Street, N.E. TROWBRIDGE

' Atlanta, GA 30308-2216 2300 N Street, N..W.

Washington, D.C. 20037 office of the Secretary i Attn: Docketing and Service '

U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 l Office of Commission Appellate l Adjudication l U.S. Nuclear Regulatory Commission j Washington, D.C. 20555 )

301\ cert.lis l

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