ML20069P398

Intervenor Proposed Agenda for 940623 Status Conference.* Intervenor Requests Items Listed Be Included in Conference Agenda.W/Certificate of Svc & Svc List

ML20069P398
Person / Time
Site:	Vogtle
Issue date:	06/22/1994
From:	Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:
References
CON-#294-15242 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9406240182
Download: ML20069P398 (9)

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" UNITED STATES OF AMERICA USNRC i NUCLEAR REGULATORY COMMISSION 4 ATOMIC SAFETY AND LICENSING BOARD

'94 JM 22 P3 :28

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In the Matter of )

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) Docket Nos. 50-42Mf6dM-Gi $P 'r grqy GEORGIA POWER COMPANY ) 50-42NdhJ3/G i J hmr '

at al., ) -!WP

.. ) 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 PROPOSED AGENDA f FOR JUNE 23, 1994 STATUS CONFERENCE i Intervenor.hereby respectfully request the following items 4

! he included on the agenda for the June 23, 1994 status conference:

1. Whether Licensee's response to Intervonor's third set J

of interrogatories are evasive and non-responsive (Sgg j 0 Intervenor's Motion to compel Licensee's Responses to I Interrogatory questions,(to be' filed by close of business, June 22, 1994');

2. Whether NRC Staff should respond to the outstanding interrogatory questions and document request filed by Intervenor (See Intervonor's Motion to Compel NRC Staff Response to Interrogatory Questions and Documents (filed on June 22, 1994);

3. Whether Licensee's request for and NRC Staff's granting a 60 day continuance to Licensee to response to the May 9, 1994 Notice of Violation ("NOV") and Demands for Information wan l inconsistent with discovery (Sligationa pending before the ASLD I

as set forth during the last status conference held before the Board on May 26, 1994. A copy of NRC Staff's letter approving the extension is attached (see June 2, 1994 letter from NRC to 9406240182 940622

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Georgia Power Company -- a copy of which was not served upon Intervenor until June 16, 11994 when its existence was learned during the course of a deposition). )

4. Whether Licensee should be compelled to produce Mr.

George Frederick to answer questions objected to by counsel to licensee during thn course of the deposition of Mr. Frederick. l This line of questioning concerns communications between the NRC l Augmented Inspection Team and Plant Vogtle management and whether Plant Vogtle management intentionally deceived the Augmented Inspection Team about safety precautions that had to be followed I

in response to the Site Area Emergency. In particular, the ,

l questioning concerned whether NRC's Augmented Inspection Team on or about March 20, 1990 instructed Plant Vogtle management that i the Plant Vogtle Unit 1 containment hatch could not be opened  !

until such time as-one diesel generator was declared operable, l and that after committing to the NRC Augmented Inspection Team that the hatch would*not be opened until such time as at least one diesel generator was declared operable, Plant Vogtle management intentlonally violated that commitment to the l

Inspection Team and opened the containment hatch fully cognizant 1

of the fact that both diesel generator 1A and 1B were declared i inoperable and that a "LCO" (" Limiting Condition of Operation")

had been recorded in the control room log book with respect to both diesels. See Intervenor Deposition Exhibit 39 (Transcript of NRC Tape No. 25, Side B, shown to Mr. Frederick during the course of his deposition) (attached) . Intervenor is particularly l 2 i

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I troubled by the fact that Licensee had agreed to allow 1

questioning to commence and then abruptly terminated questioning l once the tape segment was identified and played for the witness. j Intervonor advised counsel to Licensee that cutting off the questioning at this juncture would prejudice.Intervonor's ability to effectively examine the witness about this important incident.

Intervenor argued that the questioning war clearly within the scope of the Board's June 2, 1994 Memorandum and Order (Scope of Discovery). To wit, Intervenor advised counsel to Licensee on the record that the June 2, 1994 Order specifically provides that

" questions related to whether the representations to the NRC were the whole truth may be raised in this proceeding," including 1

questions concerning "how Georgia Power has attempted to fulfill l l

its safety obligations with respect to diesel generators," and what " Georgia Power's safety obligations were." San June 2, 1994 Memorandum, Section 2, QupRtions About the Site Area Emercency or violations of Technical Specifications, at pp. 2-3.

m l Respectfully submitted, h

Michael D. Kohn Stephen M. Kohn David K. Colapinto Kohn, Kohn & Colapinto, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 (202) 234-4663 301\s':hord3 3

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• UNITED STATES

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NUCLEAR REGULATORY COMMISSION

l. WASHINGTON. O.C. 2066M001

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Docket No. 50-424 j EAs93-304, 94-036,94-037, and j 94-052 1

Georgia-Power Company .

W. G. Hairston, III i 40 Inverness Center' Parkway

Post Office Box 1295 i

Birmingham, Alabama 35201

Dear Mr. Hairston:

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SUBJECT:

REQUEST FOR EXTENSION OF TIME FOR RESPONSE 4

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$ I have received you letter of May 27, 1994, in which you request a sixty day extension .for Georgia Power Capany's (GPC) response to the May 9,1994 ,

Notice of Violation and Proposed Imposition of Civil Penalties and responses l

i to three Demands for Information. This is to advise that, after due l consideration and consultation with the NRC staff. I have decided .o grant your request for a ' sixty day extenlon. Accordingl'y, responses on these matters are due no later than August 8, 1994. I would urge you to provide GPC's responses as far in~ advance o'f that date as ppssible.

Sincerely, j Lib -

! ames Lieberman, Director l ffice of Enforcement

.l .ce: Mr. J. D. Woodward j Senior Vice President

Georgia Power Company Nuclear Operations 1 P. O. Box 1295 i Birmingham, AL 35201 J. B. Beasley General Manager. Plant Vogt'le Georgia Power Company P. O. Box 1600

Waynesboro, GA 30830 Pw v,.s i

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TAPE #25 Side B Frederick : I haven't figured out yet how, what the justi'ication was.

' Mosbaugh: Well Frederick : Though I've had it explained to me twice that

,s , managt nent knew about it.

Mosbaugh:. . L.ackey and Beasley told you that they weren't going io-

- They actually told- 1 just-That was just an impression that I had but they actually told you they weren't going to put the hatch on.

Frederick :

Because I was arguaing- I walked-What happened,. v was, I walked into the War Room, uh, the afternoon of the event and uh , the evenino of the event and it was late that that day and Mike was dimmsinkwith %

oeoore the'feihova} of the hatch.' And I 'sdid "How $an you disduss the removing the hatch? We need to keep our barriers.", and he recognised that I had a concern and so he went and got Barney and then I (g1 g

think Skip mentioned it to me, slightly. And then we had the big brief with the NRC.

Mosbaugh: Um huh.  ;

" Frederick' : And basically, at the meeting I thought that the final discussion that I got from George and Skip, because they said it 4 times for clarification, I rememberit had

' to be said 4 times before everybody understood, that we wouldn't reopen the hatch until we hasthe

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diesel and thi RAT. And we neyer got the dieseC That night they wrote an LCO00 it.

Mosbaugh :

Yeah. The diesel was just declared operable 2 days ago.

Frederick : But they wroto an LCO that night, I mean an actual LCO saying that it was inoperable and B was torn apart.

Mosbaugh : Yeah.

Frederick :

So there was no way that they could say that they had the diesel, and the next mornino when I canwirfaru: .

found out that the hatch was open. Uh, I ask those*

questions again and uh, Mike, uh, I said how could you all do that, management briefed the NRC. He said, "No, management said we could go ahead".

Mosbaugh : I ask the-

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Frederick : That's not what I heard.

Mosbaugh : 1, I,1 voiced the same concems in the morning. When I found that the hatch was open in the morning i voiced the same concern.

Frederick : I remember, because you didn't know. You said-Mosbaugh : I didn't know because, I was the duty manager.

Frederick : Said we breached it in the opposite way and they had to go rebreach it.

Mosbaugh : That's right.

. Frederick : Right. I'thidk we're going to-1 think @*gt when they get

'~a i6unis tb'theTvent I th?nk thst's aViis'take_. ~ ' ' e '

.Mosbaugh: Yep, and I would say deliberately, I mean you know the pressurizer hatch SNAFU bere uh I think was, is a very bad you know situation done out of the chain of.

command and all that, but I don't think that it was done deliberately.

Frederick : Right.

Mosbaugh : No body deliberately put that hatch on to put the Plant in a less safe condition.

Frederick : Right Mosbaugh : Okay, it was done out of the chain of command it was a major SNAFU. But, but the hatch really puts the Plant in a less safe the containment hatch puts the Plant in a less safe condition and we did it on curraose.

- Frederick : Yeah, I'm of tile opinion that the hatch should still be shut richt ncE never have bee,n reopened, they could

have cone then, well they might have had a little dificultity with leak rate-Mosbaugh

The hatch, in my opinion the hatch could have only, to be safe, should have only be recoened once the diesel was operable.

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! a DOCKETED i I

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

' '94 JUN 22 P ? 28

)

In the Matter of )

) Docket Nos. 50-424gpF4 tai a JFii.,RY i

) 50-42509 W 3 C r

- it ' U l GEORGIA POWER COMPANY > , 4 'i' h et 31,., ) _

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

Plant, Unit 1 and. Unit 2) )

) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that Intervenor's Proposed Agenda and l

l Intervenor's Mot. ion to Compel Responses to Interrogatories From NRC have been served this 22nd day of June, 1994, by first class mail upon the persons listed in the attached Service List (additional service by facsimile indicated by "*").

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By: [ b 84W 4fi) /

'Ma'ry Jfr)6 Wilmoth,' Esq.

KOHN, KOmi & COLAPINTO, P.C.

317 Florida Ave., N.W.

! Washingtor., D.C. 20001

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(202) 234-4663 I

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DOCKETED UNITED STATES OF AMERICA USNPC NdCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

'94 JUN 22 P 3 :28 ,

) I In the Matter of )

i GEORGIA POWER COMPANY eg p_1_ ,

)

)

)

Docket Nos. 50-4 2 4 -OLJ 50-425-OL) 3f"__7 p'

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d'7

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. ) Re: License Amendment (Vogtlo Electric Generating ) (transfer to Southern Nuclear) i l

P.1.a n t , Unit 1 and. Unit 2) ) l

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

l SERVICE LIST

• Administrative. Judge Peter B. Bloch, Chair Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission )

i Washington, D.C. 20555 Administrative Judge James H. Carpenter 933 Green Point Drive Oyster Point Sunset Beach, NC 28468 i

• Administrative Judge l Thomas D. Murphy l Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Charlec A. Barth, Esq. _"

Office of General ~Councel "

l U.S. Nuclear Regulatory Commission

Washington, D.C. 20555 John Lamberski, Esq.

I Troutman Sanders Suite 5200 600 Peachtree Street, N.E.

Atlanta, GA 30308-2216

• Ernest L. Blake, Jr.

David R. Lewis SHAW, PITTMAN, POTTS %

TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037 2

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Ju 4-22-l u i 11:c5 ...

• office of the Secretary 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 301\ cert.'lis l

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