ML20093G108

Georgia Power Co Response to Intervenors Motion to Conduct Further Discovery Against NRC Staff.* Motion to Conduct Further Discovery Denied.W/Certificate of Svc

ML20093G108
Person / Time
Site:	Vogtle
Issue date:	10/12/1995
From:	Blake E GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
CON-#495-17206 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9510180292
Download: ML20093G108 (6)

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\4 DOCKETED USHRC October 12,1995

% OCT 16 P2:46 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY DOCKETING & SERVICE Before the Atomic Safety and Licensing Board BRANCH In the Matter of ) Docket Nos. 50-424-OLA-3

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

etal. ) Re: License Amendment

) (Transfer to Sov.hern Nuclear)

(Vogtle Electric Generating Plant, )

Units 1 and 2) ) ASLBP No. 93-671-0 b OLA-3 GEORGIA POWER COMPANY'S RESPONSE TO INTERVENOR'S MOTION TO CONDUCT FURTHER DISCOVERY AGAINST THE NRC STAFF Georgia Power Company (" Georgia Power") hereby responds to and opposes Intervenor's motion to conduct additional discovery against the NRC staff. Intervenor was afforded an op-portunity to depose the NRC Staff's management panel months ago (in April)2 and declined to take advantage of the opportunity. Because Intervenor failed to take advantage of this opportu-i nity in a timely manner, the Board should not allow Intervenor's attempt to delay completion of

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this proceeding, especially now, after all the witnesses have finished testifying and the parties are busy preparing proposed findings.

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Intervenor's Motion to Complete Discovery Against NRC Staffs Expert Witnesses (Management Panel)(Oct.

5,1995).

W Letter from M. Young to M. Kohn (March 29,1995).

9510180292 951012

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PDR ADOCK 05000424 0 PDR f*3

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i Nor should the Board accept Intervenor's excuse that he was not interested before in con-ducting the depositions without access to certain documents (relating mainly to the issuance of the issuance of a mosfieil Notice of Violation ("NOV") and settlement discussions). The Board pre-viously ruled that Imervenor had not demonstrated good cause for any reopened discovery based on the modification of the NOV. Memorandum and Order (Motion to Reopen Discovery), dated March 30,1995, at 4-6. The Board subsequently considered Intervenor's request for clarification (in effect a motion for reconsideration) and rejected Intervenor's argument that the management panel should be considered expert witnesses somehow required to produce these additional privi-i leged and predecisional documents. Memorandum and Order (Request for Clarification), dated April 4,1995, at 4. Intervenor's current motion is yet another motion for reconsideration -- in ef-fect, Intervenor's third bite at the apple.

Nor is t.9ere any basis for yet ariother round of reconsideration. The record does not sup-port Intervenor's assertion that "dming the course of testifying it became obvious that the NRC

management panel was providing expert testimony." Mr. Zimmerman merely stated that he be-lieved he was qualified as an expert on the character and integrity issues (Tr.15258), not that his i

prefiled testimony constituted expert testimony in the legal sense. And Mr. Reyes testified that his opinions were based on direct interface with the company and the specific individuals for over i

l nine years. Tr.15257 (Sept. 27,1995). Georgia Power submits that these NRC witnesses were not acting as technical experts, but rather as NRC management representatives sponsoring the of-ficial position of the agency.

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,s In any event, Georgia Power believes that Intervenor's argument is nothing more than 1

I smoke designed to cloud the real issue -- whether Intervenor should be permitted to invade prede- l 1

cisional documents reflecting the Staffs consideration of settlement. Intervenor has not now, nor  !

has it ever, made the exceptional showing of cause necessary to obtain such documents. See 10 C.F.R. 2.744(c). As the Board has already ruled on two prior occasions, settlement discussions should be protected. See Memorandum and Order (Motion to Reopen Discovery), dated March 30,1995, at 3; Tr.15166.

l For all of these reasons, Intervenor's motion to conduct further discovery against the NRC Staff should be denied.

Respectfully submitted,

,A D Ernest L. Blake, Jr.

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

Washington, D.C. 20037 4

(202) 663-8000 1

James E. Joiner John Lamberski TROUTMAN SANDERS d Suite 5200 600 Peachtree Street, N.E.

Atlanta, Georgia 30308-2216 (404) 885-3360 Dated: October 12,1995

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' DOCKETED USHRC October 12,1995 UNITED STATES OF AMERICA OCT 16 P2:46 NUCLEAR REGULATORY COMMISSION

_ 0FFICE OF SECRETARY Before the Atomic Safety and Licensing Board 00CKETgjERVICE l l

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 CERTIFICATE OF SERVICE I hereby certify that copies of" Georgia Power Company's Response to Intervenor's Motion to Conduct Further Discovery Against the NRC Staff" dated October 12,1995, were served upon the persons listed on the attached service list by deposit in the U.S. Mail, first class, postage prepaid, or where indicated by an asterisk by hand delivery, this 12th day of October, 1995.

e , _A David R. Lewis Counsel for Georgia Power Company 190694 01 / DOCSDCI

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4 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 1 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 II

! 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 1

• 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 l~ Two White Flint North Washington, D.C. 20555 1

11545 Rockville Pike Rockville MD 20852 J

Michael D. Kohn, Esq. Office 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 15B18 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 326101 01 / DOCSDC1 l

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