ML20046D114

Intervenor Rept on Status of Discovery.* Requests That Board Issue Order Requiring Release of Transcripts Reviewed &/Or Signed by Interviewees.W/Certificate of Svc

ML20046D114
Person / Time
Site:	Vogtle
Issue date:	08/09/1993
From:	Kohn M GEORGIA POWER CO., KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:
References
CON-#393-14195 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9308160149
Download: ML20046D114 (7)

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Dated: Augustsfjhf03 I

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '93 AUG 10 P3 :29 ATOMIC SAFETY AND LICENSING BOARD .

Before Administrative Judges: ' if4 *o' ,

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 gt 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 REPORT ON THE STATUS OF DISCOVERY On July 21, 1993, the Board issued a Memorandum and Order (Case Management), which requests the parties to report by August 9, 1993, any outstanding discovery questions that have not been resolved through negotiations.

1. SCOPE OF THE PROCEEDING Given the Board's Order of July 21, 1993, the most significant outstanding matter relates to the scope of Phase I. The parties differ on what the intended scope of these proceedings should be.

The factual bases raised by Intervencr are set out in his Amendments to Petition to Intervene and Request for Hearing, dated December 9, 1992 (" Petition Amendment") . Therein, Intervenor cites to and relies upon a September 11, 1990 2.206 Petition and a July 8, 1991 amendment thereto as part of the factual bases of the 9308160149 930809 PDR ADOCK 05000 4 })ggq]

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admitted contention.1 Moreover, on July 14, 1993 the Commission issued CLI-93-15, concerning Petitioner's 2.206 Petition and the amendments thereto. On page 4 of CLI-93-15, the Commission correctly notes therein that the " issues raised in the petition

[and the July, 1991 Amendment] generally concern the integrity of ,

GPC or Southern Nuclear officers and the corporate organization [

responsible for operation of the Hatch and Vogtle plants." Indeed, the intent and purpose of Petitioner's citation to and reliance on the 2.206 Petition in the body of the Petition Amendment was to make sure that all of the facts set out in the 2.206 Fetition '

became apart of the factual bases of this proceeding. Petitioner l i

relied upon the 2.206 Petition in his factual bases and, as such, ,

Intervenor seeks to include the issues raised therein into the

" Phase I" portion of this proceeding. In particular, Intervenor seeks to raise the following issues during Phase I: 2

1. Matters related to the Diesel Generators, including:

a. Southern Nuclear's April 9, 1990 oral presentation to the NRC during which time false information related to the reliability and start-up of Vogtle's Unit 1 Diesel Generators was stated to the NRC; I

1 The Board should review Page 5-6 at footnote 2 (incorporating the entirety of the September 11, 1990 and July 8, 1991 2.206 Petitions); Pages 7-10, 12-13 (repeated citation to I exhibits attached to the 2.206 Petitions) ; Page 16 at footnote 11 l (incorporating the September 11, 1990 2.206 Petition and exhibits '

thereto); Page 18 (incorporating the entirety of the July 8, 1991-2.206 Petition). In this respect, the issues raised in the 2 206 Petitions are apart of the factual bases of the admitted contention.

2 Additional information regarding the issues listed below are set out in response to Intervenor's response to GPC Interrogatory No. l'2.

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b. Issuance of Confirmation of Action Response, wherein the then Southern Nuclear Senior Vice President (currently' the Southern Nuclear President), George Hairston, stated to NRC that the Vogtle Unit 1 diesels have been started'"18 and 19 times each" and that "no problems or failures" have occurred on "any of these starts."

c. Issuance of LER 90-006, Rev.0, wherein it states that " subsequent to this program, DGIA and DGIB have been started at least 18 times each:and no failures or problems have occurred'during any of these starts."

d. Submission of false Information in the cover letter accompanying the revision to LER 90-006.

e. False statements contained in the " White Paper" submitted to NRC in August of 1990, during the '

course of an OSI Inspection. l

f. Submission of false statement to the NRC when {

responding to allegations related to the diesel generator in the September 11, 1990 2.206 Petition; ,

2. Matters generally related to the illegal transfer of control over plant Vogtle from GPC to Southern Nuclear. .

3. Matters generally related to the veracity of witnesses who will testify before the Board, including: +

a. Mcdonald's Presentation of False testimony in DOL proceedings; L

b. McCoy's Presentation of False testimony in DOL l proceedings and before the NRC;

c. McCoy's false statements to the NRC during an ,

enforcement Conference held at the Plant Vogtle site on May 22, 1990 l

d. Mcdonald's March 30, 1989 False Statement to the Commission.

4. Matters related to intentional violation of safeguards reporting requirements.

5. Matters related to intentional violation of technical specifications, particularly with respect to Technical Specification 3. 4. '. .2 (including NRC-OI's determination of intentional wrongdoing).

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i The parties have differing opinions on-the scope of Phase I.

Nonetheless, the parties have recently been willing to try to resolve discovery disputes before seeking guidance from the Board.

Intervenor therefore believes that once the scope of Phase I is clarified by the Board, the parties will discuss among themselves I whether there is a need to supplement response (s) to interrogatory and document requests that have or will be filed. l

2. AFFIDAVITS IN THE POSSESSION OF GPC Intervenor and GPC have briefed the discovery dispute related to the affidavits currently in the possession of GPC. Intervenor believes that GPC's response contains false assertions. Intervenor suggests that GPC be required to submit sworn af fidavits to support the factual assertions set out in its response to Intervenor's motion to compel. f

3. INTERVENOR'S AUGUST 5, 1993 LETTER On Augus* 5, 1993, Intervenor's counsel requested of GPC's counsel that documentation concerning a presentation GPC made to the U.S. Attorney's office be produced. On August 9, 1993, GPC's counsel produced this documentation and stated to Intervenor's counsel that all of the documentation provided to the U.S.

Attorney's office has been made availabl.a to Intervenor.  !

4. TRANSCRIPT INTERVIEWS TAKEN BY NRC-OI During the course of the first discovery conference NRC Staff was unable to agree to release copies of transcripts of the testimony presented to NRC-OI during the course of its investigation. Nonetheless, GPC's counsel agreed to make available 4

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to Intervenor upon receipt from the NRC, any transcripts taken by NRC-OI that relates to the Diesel Generator controversy.3 Intervenor believes that he is entitled to obtain copies of.

these transcripts once they are signed by the witnesses. Release of this documentation will not interfere with NRC-OI's investigation and would otherwise assist the parties and help narrow the factual issues that will ultimately be contested.

Intervenor requests that the Board issue an order requiring the release of transcripts reviewed and/or signed by the interviewees.

Respectfully submitted, YV Michael D. Kohn KOHN, KOHN AND COLAPINTO, P.C.

517 Florida Avenue, N.W.

Washington, D.C. 20001-1850 (202) 234-4663 Attorney for Intervenor 054\aslb.1 3

Intervenor understands that copies of some or all of these transcripts have been reviewed by GPC's counsel.

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1 UNITED STATES OF AMERICA d r i f :..

NUCLEAR REGULATORY COMMISSION M RC ATOMIC SAFETY AND LICENSING BOARD i

) ~93 wG 10 P3 :30 In the Matter of )

) Docket Nos. 50-424-OLA-3 , i t. . v GEORGIA POWER COMPANY ) 50-425-OLA$3tM - '" J et al., )

Wu

) 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 on July 9, 1993 a copy of Intervenor's Report On the Status of Discovery was served via First Class Mail upon the following:

Administrative Judge Peter B. Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Dr. James H. Carpenter Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555  !

Administrative Judge  ;

Thomas D. Murphy  ;

Atomic Safety and Licensing Board l I

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Office of General Counsel l U.S. Nuclear Regulatory Commission j Washington, D.C. 20555 John Lamberski, Esq.

Troutman Sanders l Suite 5200 l 600 Peachtree Street, N.E. l Atlanta, GA 30308-2216

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7 4 Ernest L. Blake, Jr. j David R. Lewis  !

SHAW, PITTMAN, POTTS &

TROWBRIDGE  !

2300 N Street, N.W.

Washington, D.C. 20037

• Office of the Secretary (* Original and two copies)

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

,.- y V- .}

Michael D. Kohn Kohn, Kohn & Colapinto, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 _.

I (202) 234-4663 L

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