ML100810353
| ML100810353 | |
| Person / Time | |
|---|---|
| Site: | Bellefonte  |
| Issue date: | 03/22/2010 |
| From: | Chandler L Morgan, Morgan, Lewis & Bockius, LLP, Tennessee Valley Authority |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-438-CP, 50-439-CP, ASLBP 10-896-01-CP-BD01, RAS 17598 | |
| Download: ML100810353 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket Nos. 50-438 (CP) and 50-439 (CP)
TENNESSEE VALLEY AUTHORITY )
) March 22, 2010 (Bellefonte Nuclear Power Plant, Units 1 and 2) )
)
NOTICE OF SCREENING Notice is hereby given of the actions taken by Morgan, Lewis & Bockius LLP (The Firm) pursuant to D.C. Rules of Professional Conduct 1.11 to screen Karen D. Cyr from the above-captioned proceeding. The actions taken by the Firm are described in the attached letter to Stephen G. Burns, General Counsel and Designated Agency Ethics Official, U.S. Nuclear Regulatory Commission, dated March 8, 2010.
Respectfully submitted, signed (electronically) by Lawrence J. Chandler Lawrence J. Chandler, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, D.C. 20004 Phone: 202-739-5780 Fax: 202-739-3001 E-mail: lchander@morganlewis.com COUNSEL FOR TVA
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of )
) Docket Nos. 50-438 (CP) and 50-439 (CP)
TENNESSEE VALLEY AUTHORITY )
) March 22, 2010 (Bellefonte Nuclear Power Plant, Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that on March 22, 2010, a copy of NOTICE OF SCREENING was served by the Electronic Information Exchange on the following recipients:
U.S. Nuclear Regulatory Commission Andrea Z. Jones, Esq.
Atomic Safety and Licensing Board Panel David E. Roth, Esq.
Mail Stop: T-3F23 Office of the General Counsel Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Mail Stop O-15D21 G. Paul Bollwerk, III, Chair Washington, DC 20555-0001 Administrative Judge E-mail: andrea.jones@nrc.gov E-mail: paul.bollwerk@nrc.gov E-mail: david.roth@nrc.gov Dr. Anthony J. Baratta Administrative Judge E-mail: ajb5@nrc.gov Dr. William W. Sager Administrative Judge E-mail: william.sager@nrc.gov
Office of the Secretary Louis A. Zeller Attn: Rulemakings and Adjudications Staff Representative of Blue Ridge Environmental U.S. Nuclear Regulatory Commission Defense League (BREDL) & Bellefonte Mail Stop: O-16G4 Efficiency and Sustainability Team (BEST)
Washington, DC 20555-0001 P.O. Box 88 E-mail: hearingdocket@nrc.gov Glendale Springs, NC 28629 E-mail: BREDL@skybest.com Office of Commission Appellate James B. Dougherty, Esq.*
Adjudication Counsel for the Petitioners U.S. Nuclear Regulatory Commission 709 3rd St. S.W.
Mail Stop: O-16G4 Washington, DC 20024 Washington, DC 20555-0001 E-mail: jimdougherty@aol.com E-mail: ocaamail@nrc.gov Signed (electronically) by Lawrence J. Chandler Lawrence J. Chandler, Esq.
Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Phone: 202-739-5780 Fax: 202-739-3001 E-mail: lchandler@morganlewis.com COUNSEL FOR TVA
Morgan. lewis & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Morgan Lewis COUNSELORS AT LAW Tel: 202.739.3000 Fax: 202.739.3001 www.morganlewis.com Jay M. Gutierrez 202-739-5466 jgulierrez@morganlewis.com March 8, 2010 Mr. Stephen G. Bums General Counsel and Designated Agency Ethics Official U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Re: NOTICE PURSUANT TO DISTRICT OF COLUMBIA BAR RULE 1.11
Dear Mr. Bums:
Morgan, Lewis & Bockius LLP ("The Firm") hereby provides notice to you as the Designated Ethics Official for the U.S. Nuclear Regulatory Commission, of actions taken by the Firm pursuant to District of Columbia Bar Rule 1.11.
As you know, Karen D. Cyr joined the Firm as a Senior Counsel within our Firm's Energy Practice, on January 4, 2010. Prior to joining the Firm, Ms. Cyr served as General Counsel in the Office of the General Counsel, U.S. Nuclear Regulatory Commission, and in that capacity, she has advised us, she participated personally and substantially (or may be perceived as having done so) in the following matters pending before the U.S. Nuclear Regulatory Commission, including its Atomic Safety and Licensing Boards in which the Firm has entered an appearance:
- Cogema Mining Inc. (Irigaray and Christensen Ranch Facilities), Docket No. 40-08502-MLR
- EnergySolutions, Inc. (Radioactive Waste Import/Export Licenses), Docket Nos. 110-05711 (Import) and 110-05710 (Export)
- Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3),
Docket Nos. 50-247-LR and 50-286-LR
- Luminant Generation Company, LLC (Comanche Peak Nuclear Power Plant, Units 3 and 4), Docket Nos. 52-034-COL and 52-035-COL.
Mr. Stephen G. Bums March 8, 2010 Morgan Lewis Page 2 COUNSELORS AT LAW
- Shaw AREVA MOX Services, LLC (Mixed Oxide Fuel Fabrication Facility Possession and Use License), Docket No. 70-3098
- South Carolina Electric and Gas Co. and South Carolina Public Service Authority (Also Referred to as Santee Cooper) (Virgil C. Summer Nuclear Station, Units 2 and 3), Docket Nos. 52-027-COL and 52-028-COL
- Southern Nuclear Operating Co. (Vogtle Electric Generating Plant, Units 3 and 4),
Docket Nos. 52-025-COL and 52-026-COL
- South Texas Project Nuclear Operating Co. (South Texas Project Units 3 and 4), Docket Nos. 52-0I2-COL and 52-0 13-COL
- Tennessee Valley Authority (Bellefonte Nuclear Power Plant, Units 1 and 2), Docket Nos. 50-438-CP and 50-439-CP
- Tennessee Valley Authority (Bellefonte Nuclear Power Plant, Units 3 and 4), Docket Nos. 52-014-COL and 52-015-COL
- U.S. Department of Energy (High Level Waste Repository), Docket No. 63-001-HLW In light of Ms. Cyr's involvement in these matters, the Firm has taken the following actions:
- 1. Ms. Cyr has been and will be screened from all participation in the foregoing matters.
The Firm's File Room personnel have been instructed not to grant Ms. Cyr access to the files relating to these matters, and the applicable files have been or will be labeled accordingly. She will not share in any fees attributable to these matters. Moreover, Ms.
Cyr has not revealed any information regarding the noted matters that she obtained while General Counsel in the NRC's Office of the General Counsel to anyone in the Firm.
- 2. The Firm has represented the above-described clients in the noted matters before Ms. Cyr joined the firm, as the Firm had a pre-existing Nuclear Energy Practice prior to the arrival of Ms. Cyr.
Mr. Stephen G. Bums March 8, 2010 Morgan Lewis Page 3 COUNSELORS AT LAW I attest that all affiliated lawyers are aware of the requirement that Ms. Cyr be screened from participating in or discussing the above-noted matters and representation.
Copies of this Notice will be served on all of the participants in the above listed proceedings in which the Firm has entered an appearance.
Sincerely, JayM.
Morgan, Lewis & Bockius LLP Pursuant to District of Columbia Bar Rule 1.11 (d), I attest that I will not participate in any manner in the above-described matters or representations, will not discuss them with any partner, associate or of counsel at the Firm, and will not share in any fees for those matters or representations.
cc: C. D'Agostino Annette Vietti-Cook, Secretary, U.S. NRC