ML20087K350

Licensee Position on Admissibility of Staff Exhibits II-5 & II-10.* W/Certificate of Svc & Svc List

ML20087K350
Person / Time
Site:	Vogtle
Issue date:	08/04/1995
From:	Lamberski J GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Atomic Safety and Licensing Board Panel
References
CON-#395-16973 93-671-01-OLA-2, 93-671-1-OLA-2, OLA-3, NUDOCS 9508230225
Download: ML20087K350 (6)

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fy Augus 5 UNITED STATES OF AMERICA 95 AB3 -8 P4 :01 NUCLEAR REGULATORY COMMISSION OFF!CE OF SECRETARY .

Before the Atomic Safety and Licensina Bohd'ETING & SERVICE  !

BRANCH i

In the Matter of ) Docket Nos. 50-424-OLA-3 '

) 50-425-OLA-3 GEORGIA POWER COMPANY, )

et al. ) Re: License Amendment s

) (Transfer to Southern (Vogtle Electric Generating ) Nuclear)

Plant, Units 1 and 2) ) l

) ASLBP No. 93-671-01-OLA-3  ;

i LICENSEE'S POSITION ON ADNISSIBILITY I OF STAFF EERIBITS II-5 kND II-10 )

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On July 20, 1995, during examination of Mr. Mosbaugh, two documents were identified by the NRC Staff which prompted renewed discussion of the scope of the instant proceeding. The two j documents are: Staff Exhibit II-5, a June'20, 1994 internal NRC memorandum from Charles A. Casto to Bruno Uryc reporting the results of an inspection conducted during May 1994, to address issues related to Allen Mosbaugh's 1994 allegation RII-94-A-0089; and Staff II-10, an NRC inspection report concerning the effectiveness of Licensee's corrective actions for 1990 diesel generator failures, based on the same May 1994 inspection discussed in Staff II-5. Licensee offered to provide in writing '

its views on the admissibility of these documents as a target for the other parties. The Board stated that it could admit the documents solely for the purposes of testing the validity of the 9508230225 950004 PDR ADOCK 05000424 3 0 PDR

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air; quality contentions'already in the proceeding. Although I

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. -Licensee acknowledged'that that may be the result, it. indicated l an intention to provide a filing on this subject which the Board said'it.would receive. Tr. 10301-05. j The issue of scope'has been addressed a number of times.

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Egg, e.a., LBP-93-5; LBP-93-15; LBP-93-21; LBP-94-15; Memorandum

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and Order (Scope of Discovery) of June 2, 1994; LBP-94-22; LBP-94-27; 'LBP-94-37; Memorandum and Order (Motion to Strike Mosbaugh Testimony) of May 11, 1995.. The specific issue of late-filed allegations and their impact on scope has also been considered. ,

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Sag, Memorandum and Order (Scheduling) of March 7, 1995; Tr.

2767.

Staff Exhibit II-5, the Casto memorandum, concerns a six- j part allegation apparently filed by Allen Mosbaugh in 1994.- It

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describes the result of the Staff's detailed inquiry into the.six technical areas cited by Mr. Mosbaugh as support for his view that the actual failure causes for the 1990 SAE at Vogtle were not accounted for in the Licensee's failure analysis or communications with the NRC. Given the Board's prior rulings on scope, particularly regarding root cause determinations8 and 3

The Board has ruled the root cause of the diesel generator failure on March 20, 1990 is not an issue in this proceeding.

Memorandum and Order (Motion to Strike Mosbaugh Testimony) dated May 11, 1995 at 21-22. In addition, the Board ruled.that "the issue on air quality is whether Georgia Power lied about defective instruments and the presence of water'in the control system.' The objective validity or invalidity of other theories, without reference to Georgia Power's knowledge 'when it made. specific representations, is irrelevant to this claim and we will exclude testimony on this subject by either party." Id. at 14.

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late-filed allegations, Licensee believes the Casto memorandum is.

st"ictly admissible only for the hearsay evidence reported in the penultimate paragraph on page 6. Given Mr. Mosbaugh's assertions on air quality, water, and air leakage, however, Sections 1 and 2 in their entirety may be seen to assist the record. In the event Staff II-5 is moved into evidence, Licensee will oppose its admissibility in other respects. Sections 3, 4, 5 and 6 discuss candidates for a technical root cause of the 1990 SAE, advanced by Mr. Mosbaugh in 1994. These subjects are not addressed in his contention or bases, nor in his prefiled testimony. They have <

not been addressed by Licensee or the Staff in their cases in chief. If they are now viewed by the Board as material or appropriate subjects for findings, Licensee will need to consider how to address them through additional rebuttal evidence.

Staff Exhibit II-10, the May 1994 inspection result, has previously been the subject of discussions and Board rulings on admissibility. Egg Tr. 7072-75, 7247-62 and 7652-50. Based on extended argument by the parties, the Board has admitted three ,

i sentences on page 5 (in Section 2.5.1), Section 3.1 and portions of Section 3.2. If further portions of this document are moved into evidence, Licensee will oppose their admissibility for the reasons previously stated in the above-cited portions of the transcript. If, however, other portions of this document are nevertheless admitted or viewed by the Board as material and appropriate subjects for findings, Licensee will need to consider l how to address them through additional rebuttal evidence.

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4 Respect,ully suba tted-

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ames E. J6'indr John Lamberski TROUTMAN SANDERS Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216 (404)-885-3360 Ernest L. Blake David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 (202) 663-8084 Counsel for Georgia Power' Company Dated: August 4, 1995

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'd UNITED STATES OF AMERICA DOCKETED r USNRC NUCLEAR REGULATORY COMMISSION  ;

H.efore the Atomic Safety and Licensina BoaES AtB -8 P4 :01  ;

) 0FFR'E OF SECRETARY In the Matter of ) Docket Nos. 500 kNL - ' ERVICE

) 50-425- '

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 CERTIFICATE OF SERVICE I hereby certify that copies of Licensee's Position on Admissibility of Staff Exhibits II-5 and II-10 dated August 4, ,

1995, were served by first class mail upon the persons listed on the attached service list this 4th day of August, 1995.

Additionally, courtesy copies were.telecopied to those individuals designated with an asterisk.

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. 1 UNITED STATES'OF AMERICA '

i NUCLEAR REGULATORY COMMISSION  ;

BEFORE THE~ ATOMIC SAFETY'AND LICENSING BOARD. l

, In the Matter of:

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- GEORGIA POWER COMPANY, ~* -

Docket Nos. 50-424-OLA-3 .l clal. 50-425-OLA  !

(Vogtle Electric Generating Plant, Re: License Amendment l Units 1 and 2) (Tmnsfer to Southerr Nuclear):

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• . - ASLBP No. 93-671-01-OLA >

SERVICE LIST  :

• Administrative Judge Office of Commission Appellate .l Peter B. Bloch, Chairman Adjudication l Atomic Safety and Licensing Board .One White Flint North ~.  ;

U.S. Nuclear Regulatory Commission 11555 Rockville Pike ,

Two White Flint North Rockville, MD 20852 .!

11545 Rockville Pike  !

Rockville, MD 20852 _

Stewart D. Ebneter

• Administrative Judge James H. Carpenter Regional Administrator- ,

Atomic Safety and Licensing Board USNRC, Region II-  ;

933 Green Point Drive Suite 2900 - 1 Oyster Point ~ 101 Marietta Stmet, N.W. . j Sunset Beach, NC 28468 Atlanta, GA 30303 l

~ Administrative Judge James H. Carpenter ' Office of the. Secretary  !

- Atomic Safety and Licensing Board -_U.S. Nuclear Regulatory Commission i!

U.S. Nuclear Regulatory Commission ATTN:' Docketing and Services Branch j Washington, DC 20555 Washington, D.C. 20555 - -i

• Administrative Judge 'Ihomas D. Murphy

• Charles Barth, Esq.

Atomic Safety 'and Licensing Board Mitzi Young, Esq. .

U.S. Nuclear Regulatory Commission Office of General Counsel  !

.Two White Flint North U.S. Nuclear Regulatory Commission  !

11545 Rockville Pike One White Flint North Rockville, MD 20852 Stop 15B18 ,

Rockville, MD 20555 '

• Michael D. Kohn, Esq. _ .

Kohn, Kohn & Colapinto, P.C. Director, Environmental Protection - 6 517 Florida Avenue, N.W. Division  !

Washington, DC 20001 Department of Natural Resources -

Suite 1252,205 Butler Street, S.E. l Atlanta, GA 30334 -

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