ML022490204

Letter from Anne E. Thar of Winston & Strawn Informing That Martin J. O'Neill Will Be Screened from Participating in or Discussing the Millstone Nuclear Power Station Unit 3 Proceeding with Any Winston & Strawn Personnel

ML022490204
Person / Time
Site:	Millstone
Issue date:	08/29/2002
From:	Thar A Winston & Strawn
To:	Szabo J NRC/OGC
Byrdsong AT
References
+adjud/rulemjr200506, 50-423-LA-3, ASLBP 00-771-01-LA, RAS 4812
Download: ML022490204 (5)

Text

' Zn§ 91I WINSTON & STRAWN 43 RUE DU RHONE 35 WEST WACKER DRIVE 21 AVENUE VICTOR HUGO 1204 GENEVA, SWITZERLAND CHICAGO, ILLINOIS 60601-9703 75116 PARIS, FRANCE 38TH FLOOR 1400 LSTREET NW 333 SOUTH GRAND AVENUE (312) 558-5600 WASHINGTON DTC 20005-3502 LOS ANGELES. CALIFORNIA 90071-1543 200 PARK AVENUE FACSIMILE (312) 568-5700 NEW YORK, NEW YORK 10166-4193 www winston corn DOCKETED USNRC ANNE E.THAR (312) 558-7910 September 4, 2002 (5:03PM))

athar@winston corn August 29, 2002 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Mr. John Szabo, Esquire United States Nuclear Regulatory Commission Mail Stop 15 D21 Washington, D.C. 20555-0001 Re: Martin J. O'Neill

Dear Mr. Szabo:

I am the Conflicts Partner of Winston & Strawn and am writing this letter concerning Mr. Martin J. O'Neill, a staff attorney with the United States Nuclear Regulatory Commission (the "NRC") since September, 2000.

Mr. O'Neill will join the Washington, D.C. office of Winston & Strawn as an associate on September 3, 2002. Mr. O'Neill has advised Winston & Strawn that while working at the NRC, he performed some limited work on behalf of the NRC Staff in a proceeding involving our clients, Northeast Nuclear Energy Company ("Northeast Nuclear Energy") and Dominion Nuclear Connecticut, Inc. ("Dominion Nuclear Connecticut"). The proceeding involves a license amendment to increase spent fuel pool storage capacity at the Millstone Nuclear Power Station Unit 3 (Docket No. 50-423-LA-3). Winston & Strawn partner David A.

Repka represents Northeast Nuclear Energy and Dominion Nuclear Connecticut in the NRC proceeding.

The above Winston & Strawn clients will be referred to hereafter as the "W&S Clients," and the above proceeding will be referred to hereafter as the "Screened Matter".

In accordance with Rule 1.11 of the District of Columbia Rules of Professional Conduct, Winston & Strawn has established an ethical screen to ensure that Mr. O'Neill will be screened from participating in or discussing the Screened Matter with any Winston & Strawn personnel. All attorneys and personnel of the firm have been advised that:

(1) No attorney or other person who has worked, is working or hereafter begins working on behalf of the W&S Clients on the Screened Matter will discuss with or reveal to Mr. O'Neill, any confidences, secrets or other material proprietary information relating to such representation.

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WINSTON & STRAWN August 29, 2002 Page 2 (2) Mr. O'Neill will not become involved in the representation of the W&S Clients on the Screened Matter.

(3) Mr. O'Neill will not discuss the Screened Matter with (A) any Winston & Strawn personnel, (B) any party, agent, officer or employee of the W&S Clients or (C) any identified witness for or against the W&S Clients on the Screened Matter.

(4) All files and documents relating to the representation of the W&S Clients on the Screened Matter have been or will be retained by attorneys representing the W&S Clients on the Screened Matter and may not be examined by Mr. O'Neill. 'All others in Winston & Strawn may examine these files and documents only on a need-to-know basis. Mr. O'Neill will not bring with him to Winston & Strawn any documents or legal memoranda, including in electronic form, relating to the Screened Matter.

A copy of my memorandum to firm personnel establishing the above procedures is enclosed.

As specified in Rule 1.11 of the District of Columbia Rules of Professional Conduct, Mr. O'Neill will not be apportioned any specific share of the fees derived from Winston

& Strawn's representation of the W&S Clients on the Screened Matter.

Should you have any questions or comments 'in this regard, please call me. Thank you.

Sincerely, Anne E. Thar cc: Monica L. David Martin J. O'Neill Attached Service List

SERVICE LIST Charles Bechhoefer, Chairman Dr. Richard F. Cole Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 (e-mail: cxb2@nrc.gov) (e-mail: rfcl @nrc.gov)

Dr. Charles N. Kelber Office of the Se6retary Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Attn: Rulemakings and Adjudications Staff Washington, DC 20555-0001 (original + two copies)

(e-mail: cnk@nrc.gov) (e-mail: HEARINGDOCKET@nrc.gov)

Office of Commission Appellate Adjudicatory File Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 "Washington,DC 20555 Ann P. Hodgdon, Esq. Nancy Burton, Esq.*

Office of the General Counsel 147 Cross Highway U.S. Nuclear Regulatory Commission Redding Ridge, CT 06876 Washington, DC 20555 (e-mail: NancyBurtonEsq@aol.com)

(e-mail: aph@nrc.gov)

Diane Curran Harmon, Curran, Spielberg & Eisenberg, L.L.P.

1726 M Street, N.W.

Suite 600 Washington, DC 20036 (e-mail: dcurran@harmoncurran.com)

MEMORANDUM To: All Attorneys and Personnel, All Offices From: Anne E. Thar Date: August 27, 2002 Re: D.C. Associate Martin O'Neill, Matter Involving the United States Nuclear Regulatory Commission and Representation of Northeast Nuclear Energy Company and Dominion Nuclear Connecticut, Inc.

Martin O'Neill, formerly an attorney with the United States Nuclear Regulatory Commission ("NRC"), will be joining the Washington, D.C. office of Winston & Strawn as an associate on September 3, 2002.

Winston & Strawn currently represents Northeast Nuclear Energy Company ("Northeast Nuclear Energy") and Dominion Nuclear Connecticut, Inc. ("Dominion Nuclear Connecticut") in connection with a proceeding before the NRC involving a license amendment to increase spent fuel pool storage capacity at the Millstone Nuclear Power Station in Connecticut. David A. Repka is the lead attorney representing Northeast Nuclear Energy and Dominion Nuclear Connecticut in the NRC proceeding.

While employed by the NRC, Mr. O'Neill performed some limited work on behalf of the NRC in the above proceeding. For purposes of this memorandum only, the above Winston & Strawn clients will be referred to hereafter collectively as the "W&S Clients," and the above matter will be referred to hereafter as the "Screened Matter."

Winston & Strawn has determined that: (a) our relationship with and representation of the W&S Clients on the Screened Matter will not be adversely affected by Mr. O'Neill's joining Winston & Strawn; and (b) we can exercise independent professional judgment on behalf of and represent zealously the interests of the W&S Clients on the Screened Matter despite Mr.

O'Neill's joining Winston & Strawn.

Nonetheless, in order to protect the independence and confidentiality of our work on behalf of the W&S Clients on the Screened Matter and the prior work of Mr. O'Neill and his former employer, the following procedures will be observed until further notice:

All Attorneys and Personnel, All Offices August 27, 2002 Page 2 (1) No attorney or other person who has worked, is working or hereafter begins working on behalf of the W&S Clients on the Screened Matter will discuss with or reveal to Mr. O'Neill, any confidences, secrets or other material proprietary information relating to such representation.

(2) Mr. O'Neill will not become involved in the representation of the W&S Clients on the Screened Matter.

(3) Mr. O'Neill will not discuss the Screened Matter with (A) any Winston & Strawn personnel, (B) any party, agent, officer or employee of the W&S Clients or (C) any identified witness for or against the W&S Clients on the Screened Matter.

(4) All files and documents relating to the representation of the W&S Clients on the Screened Matter have been or will be retained by attorneys representing the W&S Clients on the Screened Matter and may not be examined by Mr. O'Neill. All others in Winston & Strawn may examine these files and documents only on a need-to know basis. Mr. O'Neill will not bring with him to Winston & Strawn any documents or legal memoranda, including in electronic form, relating to the Screened Matter.

Finally, this memorandum confirms that no exchanges of confidential information have taken place in connection with the preparation of this memorandum or otherwise.