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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196J3291999-06-28028 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Industry Codes & Standards ML20206M7291999-04-30030 April 1999 Comment Supporting Draft RG DG-1083, Content of UFSAR IAW 10CFR50.71(e). Licensee of Listed Plants in Total Agreement with Comments Provided to NRC by NEI HL-5717, Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC1998-12-18018 December 1998 Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC HL-5715, Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments1998-12-14014 December 1998 Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments HL-5702, Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols1998-10-23023 October 1998 Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols HL-5695, Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers1998-10-13013 October 1998 Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers HL-5690, Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC1998-10-0505 October 1998 Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC HL-5983, Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed1998-09-21021 September 1998 Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed ML20153B2391998-09-15015 September 1998 Comment on Draft NUREG-1633, Assessment of Use of Ki as Protective Action During Severe Reactor Accidents. Endorses NEI Comments HL-5682, Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute1998-09-15015 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute HL-5602, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds1998-04-0303 April 1998 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds HL-5586, Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps1998-03-0404 March 1998 Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps HL-5582, Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events1998-02-27027 February 1998 Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events HL-5564, Comment on Draft NUREG 1555, Updated Environ Standard Review Plan1998-01-30030 January 1998 Comment on Draft NUREG 1555, Updated Environ Standard Review Plan HL-5554, Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public1998-01-15015 January 1998 Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public HL-5546, Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements1997-12-31031 December 1997 Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements HL-5529, Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard1997-12-0101 December 1997 Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard ML20199J0031997-11-24024 November 1997 Comment Supporting Proposed Rule Re Financial Requirements for Decommissioning Nuclear Power Reactors & Draft RG 1060 HL-5424, Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions1997-07-0707 July 1997 Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions ML20148N0741997-06-19019 June 1997 Comment on Proposed Suppl to Bulletin 96-001 Re Control Rod Insertion Problems.Util in Complete Agreement That Incomplete Rcca Insertion Not Acceptable HL-5407, Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ1997-05-27027 May 1997 Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ ML20137C2581997-03-18018 March 1997 Summary of Director'S Decision Under 10CFR2.206 of Mb Hobby & AL Mosbaugh, ML20137C4261997-03-18018 March 1997 Director'S Decision Under 10CFR2.206 Re Petition Re Allegation of Illegal Transfer of OLs to Southern Nuclear Operating Co.Petitions Filed by Mb Hobby & AL Mosbaugh Denied HL-5268, Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols1996-11-27027 November 1996 Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols ML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20129J5481996-10-30030 October 1996 Order.* Extends Time within Which Commission May Take Sua Sponte Review of Memorandum & Order LBP-96-16 to 961129. W/Certificate of Svc.Served on 961030 ML20129K4291996-10-0202 October 1996 Comment Supporting Proposed Rule 10CFR25 & 95, Access to & Protection of Classified Info HL-5247, Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations1996-10-0101 October 1996 Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20128K2791996-09-30030 September 1996 Order.* Time within Which Commission May Take Sua Sponte Review of Memo & Order LBP-96-16 Extended Until 961030. W/Certificate of Svc.Served on 960930 ML20116J8921996-08-0202 August 1996 Withdrawal of AL Mosbaugh.* AL Mosbaugh Voluntarily Withdraws Intervention,Opposition & Contention in Proceedings.W/Certificate of Svc & Svc List ML20116J8551996-08-0202 August 1996 Joint Notice of Termination.* AL Mosbaugh Voluntarily Withdrew Intervention,Opposition & Contentions in Proceeding.W/Certificate of Svc & Svc List ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116N5881996-07-31031 July 1996 Comment Re Proposed Rule 10CFR26, Mods to Fitness-For-Duty Program Requirements. Supports NEI Comments ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20115H2671996-07-0808 July 1996 Comment Supporting Final Rule 10CFR51, Environ Review of Renewal of Nuclear Power Plant Operating Licenses HL-5195, Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors1996-06-24024 June 1996 Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc IA-95-211, Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-391996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 ML20129H7151996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 HL-5103, Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use1996-02-0606 February 1996 Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use ML20096A4911995-12-22022 December 1995 Georgia Power Co Reply to Intervenor & NRC Staff Proposed Findings of Facts & Conclusions of Law.* W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20095D9771995-12-0808 December 1995 Comment on Proposed Generic Ltr Boraflex Degradation in Spent Fuel Pool Starage Racks. Request for Licensees to Demonstrate Subcriticality Margin in Unborated Water,Seems Inconsistent W/Stated Benefit of Borated Water ML20094S2751995-11-30030 November 1995 Intervenor Final Statement of Fact & Conclusions of Law.* Board Finds That Util & Applicant Failed to Meet Burden of Proof Re Ultimate Issue of Character,Competence & Integrity. W/Svc List ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20094J9281995-11-0606 November 1995 Gap Proposed Findings of Fact & Conclusions of Law on Diesel Generator Reporting Issues.* Findings of Fact & Conclusion Accepted.W/Certificate of Svc ML20094J9201995-11-0101 November 1995 Affidavit of Ck Mccoy to Correct Info Contained in Intervenor Exhibit II-97,which Consists of Portions of Deposition in a Mosbaugh Complaint Against Gap 1999-06-28
[Table view] Category:PLEADINGS
MONTHYEARML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20093F9171995-10-13013 October 1995 Georgia Power Co Position on Effect of DOL Case 90 ERA-30.* Recommends Board Should Refrain from Considering or Giving Any Effect to Secretary of Labor Determination in 90 EAR-30. W/Certificate of Svc ML20093F9441995-10-13013 October 1995 Georgia Power Co Response to Intervenor Motion to Conduct Discovery Re Dew Point Instruments.* Recommends That Intervenor Motion to Conduct Discovery Re Dew Point Instruments Be Denied.W/Certificate of Svc ML20093F8681995-10-13013 October 1995 Intervenor Response to Board Memorandum & Order (Effect of DOL Case 90-ERA-30).* Bloomburg & Comanche Peak Precedents Demonstrate Applicability of Issue Preclusion to Matl Fact Containing to Hobby Decision.W/Certificate of Svc ML20093F9901995-10-12012 October 1995 Ga Power Company Response to Intervenor Motion to Admit Certain Admissions of Ga Power.* Intervenor Motion to Admit Certain Admissions of Ga Power,Dtd 951006,should Be Denied. W/Certificate of Svc & Svc List ML20093G1081995-10-12012 October 1995 Georgia Power Co Response to Intervenors Motion to Conduct Further Discovery Against NRC Staff.* Motion to Conduct Further Discovery Denied.W/Certificate of Svc ML20093F9751995-10-12012 October 1995 Ga Power Company Response to Intervenors Motion to Admit Exhibit II-247 (Transcript of Tape 99B).* Intervenor Motion to Admit Intervenor Exhibit II-247 Into Evidence Should Be Denied.W/Certificate of Svc & Svc List ML20093F9541995-10-12012 October 1995 Ga Power Company Response to Intervenor Motion to Strike Affidavit of H Handfinger.* W/Certificate of Svc ML20093B9301995-10-0606 October 1995 Intervenor Motion to Admit Certain Admissions of Georgia Power.* Intervenor Requests That Admission Responses & Corresponding OI Paragraphs Listed Be Admitted Into Record. W/Certificate of Svc ML20093B8901995-10-0606 October 1995 Intervenor Motion to Conduct Discovery Re Dew Point Instruments.* Intervenor Requests to Conduct Addl Discovery & to Obtain Further Relief.W/Certificate of Svc ML17311B3631995-10-0505 October 1995 Intervenor Motion to Admit Exhibit II-247 (Transcript of Tape 99B).* Intervenor Requests That Intervenor Exhibit II-247 Be Admitted Into Evidence.W/Certificate of Svc & Svc List ML20093B7101995-10-0505 October 1995 Intervenor Motion to Complete Discovery Against NRC Staff Expert Witness (Mgt Panel).* W/Certificate of Svc & Svc List ML20093B8291995-10-0505 October 1995 Intervenor Motion to Strike Affidavit of H Handfinger.* Affidavit of H Handfinger Should Be Stricken,In Entirety, from Record of Proceeding.W/Certificate of Svc & Svc List ML20098B7981995-10-0303 October 1995 Georgia Power Company Supplemental Response to Intervenor Addl Discovery Request Dtd 950905.* W/Certificate of Svc & Svc List ML20098B4671995-10-0202 October 1995 Intervenor Request for Continuance to File Response to Georgia Power Co Petition for Review.* W/Certificate of Svc ML20098B4691995-10-0202 October 1995 Intervenor Opposition to Georgia Power Company Petition for Review of Order to Produce Attorney Interview Notes.* W/Certificate of Svc & Svc List ML20092M6071995-09-26026 September 1995 Georgia Power Co Response to Intervenor Addl Discovery Request Dtd 950905.* Request Granted.W/Certificate of Svc ML20092H6571995-09-11011 September 1995 Georgia Power Company Opposition to Intervenor Motion to Strike Testimony of Hill & Ward & to Conduct Addl Discovery.* W/Certificate of Svc & Svc List ML20092H6771995-09-11011 September 1995 Ga Power Company Motion for Stay of Licensing Board Order Requiring Production of Attorney Notes of Privileged Communications.* W/Certificate of Svc & Svc List ML20092A4821995-09-0505 September 1995 Intervenor Motion to Strike Expert Testimony of Hill & Ward & to Conduct Addl Discovery.* Intervenor Requests That Hill & Ward Testimony Be Stricken & Gap File Expedited Responses to Requested Discovery.W/Certificate of Svc ML20091S3861995-08-22022 August 1995 Georgia Power Co Response to Intervenor Motion to Admit Certain Admissions & Sections of OI Rept Into Evidence.* Georgia Power Neither Admit Nor Deny Admissions.W/ Certificate of Svc & Svc List ML20087K2911995-08-15015 August 1995 Response to Licensee Motion for Reconsideration Re Notes of E Dixon Noted & Brief on Attorney Client Privilege.* Requests That Board Order Immediate Production of Interview Notes.W/Certificate of Svc & Svc List ML20087K2801995-08-14014 August 1995 Intervenor Response to Georgia Power Company Motion to Exclude Admission of OI Conclusions.* W/Certificate of Svc & Svc List ML20087K4731995-08-0808 August 1995 Gap Opposition to Intervenor Supplemental Motion to Compel Interview Notes & Other Documents Known to Gap Counsel When Preparing Response to Nov.* Informs That Motion Should Be Denied.W/Certificate of Svc & Svc List ML20087K4021995-08-0808 August 1995 Georgia Power Co Motion for Reconsideration of Order Re Request for Discovery Re E Dixon.* Believes That Board Should Deny Intervenor Motion.W/Certificate of Svc & Svc List ML20087K3501995-08-0404 August 1995 Licensee Position on Admissibility of Staff Exhibits II-5 & II-10.* W/Certificate of Svc & Svc List ML20087A6961995-07-28028 July 1995 Georgia Power Company Motion to Exclude Admission of OI Conclusions.* W/Certificate of Svc & Svc List ML20087A6871995-07-28028 July 1995 Ga Power Company Motion for Issuance of Subpoena.* W/Certificate of Svc & Svc List ML20087A5711995-07-24024 July 1995 Intervenors Supplemental Motion to Compel Interview Notes & Other Documents Known to Ga Power Company Counsel When Preparing Response to Nov.* Board Should Order Production of Notes of E Dixon.W/Certificate of Svc & Svc List ML20086P7801995-07-17017 July 1995 Georgia Power Co Response to Intervenor Motion to Compel Production of Licensee Notes of Interview of Ester Dixon.* Intervenor Motion Should Be Denied.W/Certificate of Svc ML20086P5961995-07-10010 July 1995 Intervenor Motion to Clarify Record.* Requests Board to Clarify Record to Reflect That on 950517,exhibits Identified in List of Stipulated Exhibits,Were Received Into Evidence. W/Certificate of Svc ML20086H2271995-06-30030 June 1995 Intervenor Motion to Compel Production of Licensee Notes of Interview of Ester Dixon.* W/Certificate of Svc & Svc List ML20085C8871995-05-29029 May 1995 Intervenor Response to Motion to Quash Subpoenas of C Coursey,M Hobbs & RP Mcdonald.* Motion to Quash Should Be Denied.W/Certificate of Svc & Svc List ML20084L2871995-05-24024 May 1995 Motion by Georgia Power Company Cl Coursey,Ml Hobbs & RP Mcdonald to Quash Subpoenas of C Coursey,Ml Hobbs & RR Mcdonald.* W/Certificate of Svc & Svc List ML20083R0291995-05-18018 May 1995 Georgia Power Company Brief on Inadmissibility of OI Rept or in Alternative Motion for Certification to Commission.* Advises That Exhibits Should Not Be Admitted Into Evidence in Proceeding.W/Certificate of Svc & Svc List ML20083C8421995-05-12012 May 1995 Intervenor Response to Util Motion for Order Preserving Licensing Board Jurisdiction.* Intervenor Requests That Commission Deny Util Motion for Order Preserving Licensing Board Jurisdiction.W/Certificate of Svc & Svc List ML20083C8461995-05-10010 May 1995 Georgia Power Co Response to Board Question Re 900410 IIT Questions.* Licensing Board Requests That Util Advise Board of Response to a Chaffee 900410 Request for Calcon Sensor Data.W/Certificate of Svc & Svc List ML20083C8241995-05-0909 May 1995 Georgia Power Co Response to Board Question Re Diesel Testing Transparency.* Util Believes That Cash Did Not Include Start 128-131 Since Starts Were Not Included on Typed List.W/Certificate of Svc & Svc List ML20083L7781995-05-0909 May 1995 Georgia Power Co Response to Board Question Re Definition of Successful Start.* W/Certificate of Svc ML20083L7251995-05-0707 May 1995 Intervenor'S Response to Gpc Motion to Strike Partially Intervenor'S Prefiled Testimony.* Requests That Gpc Motion to Strike Partially Intervenor'S Prefiled Testimony Be Overruled in Entirety.W/Certificate of Svc & Svc List ML20083K2971995-05-0202 May 1995 Intervenor Motion for Enlargement of Time.* Requests Enlargement of Time to Respond to Georgia Power Co Motion to Strike Partially Prefiled Testimony.W/Certificate of Svc & Svc List ML20082T3871995-04-27027 April 1995 Georgia Power Co Motion for Order Preserving Licensing Board Jurisdiction.* Requests That Commission Grant Relief Request.W/Certificate of Svc & Svc List 1996-08-02
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A 00CKETED October 13, WifjRC
- UNITED STATES OF AMERICA 7 OCT 16 A9 :57 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensino Board 0FFICE OF SECRETARY DOCKETING & SERVICE BRANCH In the Matter of ) Docket Nos. 50-424 0LA-3
) 50-425-OLA-3 GEORGIA POWER COMPANY, )
et al ) Re: License Amendment
) (Transfer to Southern Nuclear)
(Vogtle Electric Generating Plant, )
Units I and 2) ) ASLBP No. 93-671-01-OLA-3 GEORGIA POWER COMPANY'S POSITION ON THE EFFECT OF DEPARTMENT OF LABOR CASE NO. 90-ERA-30 Pursuant to the Board's October 3,1995 Memorandum and Order (Effect of Department of Labor Case No. 90-ERA-30), Georgia Power Company (" Georgia Power") hereby submits this position concerning the effect, if any, on this case of the August 4,1995, decision and re-mand order of the Secretary of Labor in Department of Labor (DOL) Case No. 90-ERA-30. Be-cause the issue of discrimination raised in DOL Case No. 90 ERA-30 was never included in the 1
contentions pleaded in this proceeding, it is outside the scope of this case, and consequently I should not be considered by the Board in this matter. Moreover, the complaint of discrimination involved in 90 ERA-30 is still in dispute and will be appealed by Georgia Power Company.
Consequently, it would be inappropriate to give any effect in this proceeding to the Secretary of Labor's determination.
9510180207 951013 PDR ADOCK 05000424 Q PDR
'(
Background
On September 25,1995, the NRC Staffissued Board Notification 95-16, informing the Board that on August 4,1995 the Secretary of Labor issued a Decision and Remand Order in DOL Case No. 90-ERA-30. The Board Notification indicated that
[t]he Secretary found that senior GPC managers discriminated against one of their employees, Mr. Marvin Hobby. This is an ap-parent violation of 10 CFR 50.7, Employee Protection, which pro-hibits discrimination against an employee for engaging in protected activities.
Board Notification 95-16 at 1. The Staff also noted that "[o]n September 1,1995, the NRC Staff issued a letter to GPC informing them that this issue is being considered for escalated enforce-ment action and that there would be a predecisional enforcement conference in the NRC Region 11 offices in Atlanta, Georgia . . . ." Id. On October 3,1995, the Board issued its Memorandum and Order (Effect of Department of Labor Case No. 90-ERA-30) giving the parties to this pro-ceeding an opportunity to file briefs concerning the effect, if any, on this case of the Secretary of Labor's August 4,1995 decision and remand order in DOL Case No. 90-ERA-30.
, Discussion j The Issues Involved in DOL Case No. 90-ERA-30 Have Not Been Raised Before the Licensing Board Here 4
i The Secretary of Labor's Decision and Remand Order in 90-ERA-30 should have no ef-fect on these proceedings. At issue in the DOL case were allegations by Marvin Hobby, former
[ General Manager of Georgia Power's Nuclear Operations Contract Administration (NOCA), that his job had been eliminated because he purportedly had engaged in protected activity. Secretary
{
of Labor's Decision and Remand Order, DOL Case No. 90-ERA-30 at 5-6.
4 i
i.-
This allegation has never been a part of this proceeding. Indeed, even when Mr. Hobby i
was still a co petitioner in this matter with Mr. Mosbaugh, before the Board denied Mr. Hobby standing to intervene, neither Intervenor nor Mr. Hobby made any attempt to raise the alleged discrimination as a contention in this matter. Sec Petition to Intervene and Request for Hearing of Allen L. Mosbaugh and Marvin B. Hobby (October 22,1992); Memorandum and Order (Pre-i hearing Conference; Filing Schedule), LBP-92-32 (November 17,1992) (denying Mr. Hobby I standing to intervene)u. In short, both Mr. Hobby and Intervenor were aware of the Department
- of Labor complaint and decided not to introduce this subject matter into controversy as a basis for the contention. Because Intervenor knew about and failed to raise this matter as a basis for i
l his contention, Mr. Hobby's Department of Labor complaint is beyond the scope of the admitted issues in this proceeding. As the Board ruled in its Memorandum and Order (Georgia Power Motion to Reconsider Scope of Proceeding), dated September 24,1993, Intervenor has voluntar-4 4 l
- ily excluded allegations that were not specifically discussed in his Amended Petition in this pro- 1 l ceeding. LBP-93-21,38 N.R.C.143,148 (1993). In this Memorandum and Order, the Board ruled that Intervenor had incorporated into his Amended Petition by reference only those por-tions of his section 2.206 petition which "were relevant to (Intervenor's) discussions of his con-tention in his Amended Petition." Id, at 150.
Attempts to Raise a New Issue Now Would Be Untimely The Board's September 24,1993 Memorandum and Order does not preclude Intervenor from moving to add additional matters as bases for his contentions, but requires a demonstration U The Board's Memorandum and Order (Prehearing Conference; Filing Schedule), an unpublished decision, may have been numbered incorrectly, as there exists another, published decision with the same number (Ohio Edison Co.
(Perry Nuclear Power Plant, Unit 1), LBP 92 32,36 N.R.C. 269 (1992)).
3 l
i*
S l that the additional matters are relevant and newly discovered. Here, such a showing is not possi-l 4
ble. First, Intervenor has known of the Department of Labor complaint since it was filed and yet l- has never sought to introduce the subject matter into this proceeding. Even after the Secretary of 4
Labor issued its Decision and Remand Order, now over two months ago, Intervenor has taken no
- action to raise this matter. Given Intervenor's inaction and the current posture of this NRC pro-
.,l ceeding now nearing completion, it would be unreasonable to inject a whole new issue into the j case at this very late date.
DOL Case No. 90-ER A-30 Is Still Being Contested i Finally, even if the issues in 90-ER A-30 and this proceeding were identical -- as, dis-1 i
cussed above, they are not -- it would be premature for the Board to give any effect to 90-ERA-30, for it is still being contested by Georgia Power, and the Secretary's decision may not J
be the final determination in the matter. The Secretary of Labor's decision is not yet final agency f action; until completion of the remanded proceeding, it is not a final order and not yet subject to 1
1 judicial review. Carolina Power & Light Co. v. U.S. Deo't of Labor,43 F.3d 912,915 (4th Cir. !
i
. 1995); Sun Shipbuilding & Dry Dock Co. v. Benefits Review Board,535 F.2d. 758,760 (3d Cir.
1976); Washington Metronolitan Area Transit Auth. v. Office of Workers' Comnensation Pro-1.
} gmms,824 F.2d 94,95-6 (D.C. Cir.1987). See generally Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737,744 (1976) (judgments have never been considered final where assessments of l damages or awarding of other relief remains to be resolved).
When a final order is issued after the remanded proceeding, Georgia Power fully intends i
i to pursue an appeal upon judicial review. The Secretary's decision in effect reversed administra-tive lawjudge determinations as to credibility, a matter recognized to be wholly within the 4
O I
k 6'
, province of the trier-of-fact who views the presentation of the evidence first-hand. Georgia Power believes its arguments are meritorious and will prevail on appeal.
= Accordingly, because the Secretary's decision and remand order in 90-ERA-30 is not fi-nal (and the allegation it considered is not identical to the specific issues raised in this proceed-ing), it would be inappropriate for the Board to give any effect to the Secretary's decision in 90-ERA-30.
Conclusion For all the above reasons, the Board should refrain from considering or giving any effect to the Secretary of Labor's determination in 90-ERA-30. In the event Intervenor moves to raise i
the subject matter of 90-ERA-30 as a new contention in this proceeding Georgia Power reserves !
1 its right to respond to the specific arguments that Intervenor might advance.
Respectfully submitted, I 1
M 'Pb n m,ch Ernest L. Blake,'Jr.'
David R. Lewis SHAW PITTMAN POTTS & TROWBRIDGE l 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8000 James E. Joiner John Lamberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E. I Atlanta, Georgia 30308-2216 (404) 885-3360 ,
l Dated: October 13,1995 l
5
1 00CKETED l October .3OUNRC '
UNITED STATES OF AMERICA .
NUCLEAR REGULATORY COMMISSION % DCT 16 A9:57 !
l Before the Atomic Safety and Licensing Board 0FFICE OF SECRETARY 00CKETING & SERVICE BRANCH 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 Nuclear)
(Vogtle Electric Generating Plant, )
Units 1 and 2) ) ASLBP No. 93-671-01-OLA-3 l
CERTIFICATE OF SERVICE I hereby certify that copies of" Georgia Power Company's Position on the Effect of Department of Labor Case No. 90-ERA-30" dated October 13,1995, were served upon the 1
persons listed on the attached service list by deposit in the U.S. Mail, first class, postage prepaid, l 4
or where indicated by an asterisk by hand delivery, this 13th day of October,1995. !
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David R. Lewis Counsel for Georgia Power Company 1 i
i 194594 01 / DOCSDC1 4
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(
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing 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 Nuclear)
(Vogtle Electric Generating Plant, )
Units I and 2) ) ASLBP No. 93-671-01-OLA-3 SERVICE LIST
- Administrative Judge Administrative Judge Peter B. Bloch, Chairman James H. Carpenter Atomic Safety and Licensing Board Atomic Safety and Licensing Board Two White Flint North 933 Green Point Drive 11545 Rockville Pike Oyster Point Rockville, MD 20852 Sunset Beach, N.C. 28468
- Administrative Judge Stewart D. Ebneter James H. Carpenter Regional Administrator, Region 11 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Two White Flint North 101 Marietta Street, N.W., Suite 2900 11545 Rockville Pike Atlanta, Georgia 30303 Rockville, MD 20852
- Administrative Judge Office of the Secretary ,
Thomas D. Murphy Att'n: Docketing and Service Branch Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Two White Flint North Washington, D.C. 20555 11545 Rockville Pike Rockville, MD 20852 Michael D. Kohn, Esq. Oflice of Commission Appellate Adjudication Kohn, Kohn & Colapinto U.S. Nuclear Regulatory Commission 517 Florida Avenue, N.W. Washington, D.C. 20555 Washington, D.C. 20001
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- Mitzi A. Young, Esq. Carolyn F. Evans, Esq.
- Charles Barth, Esq. U.S. Nuclear Regulatory Commission
- John T. Hull, Esq. 101 Marietta Street, N.W., Suite 2900 U.S Nuclear Regulatory Commission Atlanta, Georgia 30323-0199 Office of the General Counsel One White Flint North, Stop 15818 11555 Rockville Pike Rockville,MD 20852 Adjudicatory File Director, Atomic Safety and Licensing Board Environmental Protection Division U.S. Nuclear Regulatory Commission Department of Natural Resources Washington, D.C. 20555 205 Butler Street, S.E., Suite 1252 Atlanta, Georgia 30334 226781 01 / D0CSDCL 1
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