ML20024E331
| ML20024E331 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/02/1983 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Bloch P, Jordan W, Mccollom K Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8308100256 | |
| Download: ML20024E331 (12) | |
Text
,
- 7 CASE
=#M 214/946-9446 9
aUG (CITIZENS ASSN. FOR SOUND ENERGY) g
&G83 >
August 2, 1983 c,-
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Administrative Judge Peter B. Bloch
.Dr. Kenneth A. McCollom>,/peq_.< s U. S. Nuclear Regulatory Commission Division of Engineering >AichitEclure 4350 East / West Highway, 4th Floor and Technology Bethesda, Maryland 20014 Oklahoma State University Stillwater, Oklahoma 74074 Dr. Walter H. ~ Jordan 881 W. Outer Drive Oak Ridge, Tennessee 37830 Gentlemen:
SUBJECT:
In the Matter of Application of Texas Utilities Generating Company, et al. for An Operating License for Comanche Peak Steam Electric Station Units #1 and #2 (CPSES)
Docket Nos. 50-445 and 50-446 ASLB Memorandum and Order Dated July 6,1983 (Collateral Estoppel, Atchison Case)
On page 2 of subject Order, there begins a discussion regarding the uncertainty about privity, followed by the Board's reasons for concluding that there was privity of parties in the two litigations involved.
Certain information has recently come into CASE's possession which appears to add further support to the Board's decision in this regard, which we believe the Board should be made aware of.
We are therefore attaching the following items for the Board's information:
(1) Copy of a HOUSTON POST newspaper article dated July 26, 1983, which indicates that T..L. Austin, Jr., Chairman of the Board and Chief Executive Officer of Texas Utilities Company Llf, is replacing-Thomas J. Feehan as President and Chief Executive Officer of Brown
& Root, Inc. g/, effective August 1,1983.
I Texas Utilities Company is the parent company of Texas Utilities Generating Company, Texas Utilities Services Inc., Dallas Power & Light Co., Texas Power & Light Co., and Texas Electric Service Company, the primary owners of Comanche Peak and'the primarv Applicants in these proceedings.
2 Brown & Root is the contractor for Comanche Peak, which was directly responsible for the firing of Charles Atchison.
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e3 (2) Copy of portions of Texas Utilities Company Report of the 1983 Annual Meeting of, Shareholders, which confirms that Mr. Austin would be retiring.
(3) Copy of an affidavit (marked Exhibit A) by Peter R. McLain, the attorney for Brown & Root regarding the Atchison case, in which he refers to "a March 23, 1983 letter from Susan J. Vogel, an attorney with Trial Lawyers For Public Justice, to Nicholas S.
Reynolds, an attorney with Debevoise & Liberman which represents Texas Utilities Generating Company in the U. S. Nuclear Regulatory Commission's licensing hearings for Comanche Peak." He further states that "(a) copy of this March 23, 1983 letter from Susan J.
Vogel is attached hereto as Exhibit B."
-(4) Copy of " Exhibit B" referenced in the preceding, the letter from Ms.
Vogel to Mr. Reynolds, and a copy of a March 25, 1983, letter from Nicholas S. Reynolds to Peter R. McLain, which states:
Dear Peter:
"I tried to contact you earlier this week without success.
I wanted to advise you that I had received a call from an attorney with Trial Lawyers for Public Justice, an anti-business group founded by Tony Roisman when he left the Carter Administration. The attorney wanted to obtain a copy of the Atchison v. Brown & Root DOL tran-script. She stated that her organization was exploring whether to represent Atchison in a civil law suit against Brown & Root.
I made no commitment to do so.
"Today I received a letter from her advising that she had obtained the transcript elsewhere (see attached).
"I thought you would be interested to know of this development.
" Sincerely, (signature) Nick, Nicholas S. 'Reynolds" Respectfully submitted, CASE (Citizens Association for Sound Energy)
Mrs.) Juanita Ellis President cc: Service List e
a IIOUSTON POST Jttly 26, 1983 Brown & Root Inc. makes 2 appointments ggy,w. ""l Thomas J. Feehan, a veteran executive of Feehan joined Brown & Root in 1947 as a Brown & Root 1.2 a subsidiary cf 11a111 burton eid Brown & Root Inc., has been named chairman process and project engineer after sersing in of Dallas.
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n _. of the flouston-based engineering and con-the United States Marine Corps. The New Or.
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j struction firm, and former ut!!!ty executive leans native is a graduate of Tulane AUSTIN, C1, SPENT 30 YEARS with Dal-t
,'[g,51 n f T.L. Austin Jr. will succeed Feehan as presi-University.
las-based Texas Utilitics Co. In May, he an-
,nounced his retirement as chairman and dt.
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} dent and chief executive officer.
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y.,a Ile was elected a vice president in 19CS, a rector, effective Aug. L U
Drown & Root's board of directors made senior vice president in IMO, and became a lie became president and chief executhe
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X both appointments effective Aug.1, it was group vice president in 1W2.
officer of Texas Power & Light, a TUC subsid.
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j announced Monday.
The office of chairman of the board has lary, in 1967. Five years later, he was elected been vacant since the retirement in IW4 of president of TUC, and elevated to chairman in Qt FEEHAN, H, llAS SERVED as president George it. Brown, who with brother, IIerman, 1W5.
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and chief executive, and as a member of the built the Gl-year-old company into one of the Austin, a native of Trenton, Tenn., holds a board of directors and executive committee, world's biggest engineering-construction con-mining engineering degree from the Univers!-
FEEHAN.
since IW7.
cerns. George Brown died last Jan. 22.
ty of Alabama, i
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TEXAS UTILmES COMPANY TEXAS UTILITIES COMPANY REP
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OF SHAREHOLDERS System Etectnc yg,gy4y DALLAS @
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to BOARD OF DIRECTORS MEETING 11 l
OUESTIONS AND COMMENTS January 1,1984., a management Later in the day, the Board j
Following the transaction of change now will allow a much of Directors elected Perry G.
business, Mr. Austin opened the smoother transition into the new Brittain chairman of the board meeting to questions.
organization than making such and chief executive officer, One shareholder asked a change next March. He also succeeding Mr Austin. The I
when the Company would have said that his confidence in the Board also elected Jerry j
another stock split. Mt Austin System's future, based on a Farrington resident of the gj%,,,,
i replied that he could not predict capable and dedicated group Company to fill the position held a stock split.
of employees and a strong by Brittain.Tne Board reelected Perry G Bntrarn (lett). chairman of the Another shareholder asked management team and finan-Burt B. Hulsey, Jr., vice chairman 37e'#',"#'j/g*"*, "g',1/e,'t I
about revenue generated from cial position, influenced his of the Board; Erle Nye, Michael j
leasing space on electric utihty retirement decision at this time.
D. Spence and L.S. Turner, Jt, poles to cable television Arepresentativeof theInterna-executive vice presidents; H. A.
l companies. Mt Austin stated tional Brotherhood of Electrical Horn, treasurer and assistant j
that System utilities have Workers addressed the meeting, secretary; S.S. Swiger, contro!!er j
agreements with cable television expressing appreciation for Mr.
and Peter B. Tinkham, secretary r-'
j companies to lease space on Austin's service to the System.
and assistant treasurer.
distribution poles and that these Brittain has been president leases do generate certain since 1981 and prior to that revenue. Mr. Austin also said he time had been executive vice would provide details to the presidentof theCompanysince j
shareholder if he wanted them.
1974. He had previously served i
l At the conclusion of questions, as an officer of The Service 8,,
Mt Austin announced his deci-Company and of Dallas Power, sion to retire as chairman and where he began his careerin j
chief executive of the Company.
1949 following graduation from In his announcement, Austin the University of Texas at Austin noted that he would reach 65 with a degree in electrica!
N1 executive)in March 1984. Aus-engineering.
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(when he must retire as chief tin stated that, since the re-organization will be in place
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STATE OF TEXAS S
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BEFORE ME, THE ' UNDERSIGNED AUTHORITY, on this day appeared the person known to me to be Peter R. McLain, who, after being duly sworn, did depose and state as follows:
1.
I am employed by Brown & Root, Inc. as an attor-ney, holding such position during all relevant times herein.
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2.
I am familiar with and directly have performed work in various legal proceedings involving Charles A.
A'tchison and Brown & Root, Inc., wherein Charles A. Atchison has alleged that his April 12, 1982 termination from employ-i ment with Brown & Root, Inc., was unlawful.
These proceed-ings have involved a Texas, claim for unemployment compen-sation, a discriminatory termination claim under the Energy l
l Reorganization
- Act, 42 U.S.C.
'S 5851, before the U.S.
B Department of Labor, and this present case.
3.'
Based on information received, I have reason to believe. that Mr. Atchison is represented by out-of-state counsel in his civil action against Brown & Root, Inc.
I have reason to believe that Charles A. Atchison has retained legal representation from Trial Lawyers For Public Justice, I
a Washington, D.C.
law firm.
This knowledge was derived from a
March 23, 1983 letter from Susan J.
- Vogel, an 9
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- Justice, to Nicholas S. Reynolds, an attorney with Debevoise & Liberman which represents Texas, Utilities Generating Company in the
..c' U.S. Nuclear Regulatory Commission's licensing hearings for Coinanche Peak.
A copy of this March 23, 1983 letter from Susan J.
Vogel is attached hereto as Exhibit B.
A press report in the Fort-Worth Star-Telegram confirms that Mr. Atchison has retained Trial Lawyers for Public Justice to represent him in this matter.
A copy of this article is attached hereto as Exhibit C.
4.
During my research on the background of the law firm of Trial Lawyers for Public Justice and on its attor-neys I have not found any information which indicates that any attorney associated with. Trial Lawyers For Public Justice is licensed to practice law in the State of Texas.
Further affiant saith not.
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PETER R. McLAIN 4,
SUBSCRIBED AND SWORN TO BEFORE ME on this the,*, day
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Notary Public in and for Harris County, T E X A S My Commission expires:
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TRIAL LAWYERS FOR Pusuc JumCE. P.C COUlstLLOtt Af bw SUITE 6H 2000 P STREET. NCATHWEST WASHINGTON. D. C 200M oon au-uae i
March 23, 1983 Mr. Nicholas S. Reynolds Debevoise & Liberman 1200 17th Street, N.W.
Suite 700 Washington, D.C.
20036
Dear Mr. Reynolds:
In reference to our conversation of March 21, I wanted to inform you that I was able to obtain a copy of the Atchison v. Brown and Root transcript through alterna-tive means. I appreciste your taking the time to discuss this matter with me.
Perhaps we may meet in the near t
future regarding subsequent litigation.
Sincerely, N.6d usan J. Voq l i
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March 25, 1983
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l Peter R. McLain, Esq.
2rown & Root, Inc.
Post Office Sox Three Houston, Texas 77001 l
Dear Peter:
I'tried to contact you earlier this week without success. I wanted to advise you that I had received a call fron an attorney with Trial Lawyers for Public Justice. an anti-business group founded my Tony Roisnan when he left the Carter Administration. The attorney wanted to obtain g copy of the Atchison v. Brown & Root DOL transcript. She stated that her organization was exnloring whether to represent Atchison in a civil law t
suit against Brown & Root.
I made no co:=nitment to do so.
Today I received a letter fron her advising that she had obtained the transcript elsewhere (see attached).
- *'~ ght you would be interested to knoa< of this development.
Sincer ly,
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j Nichol' S. Reynolds NSR/er Attachment t
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Received too late to be included with letter of 8/2/83.
Sent to Service List - Docket 50-445 and 50-446 with 8/2/83 letter to Licensing Board w_
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Saturday, July 30, 1983
. BRIEFING From Staff and Wire Reports Brown & Root elects Feehan to post -
flouston. based Brown & Root Inc., a Italliburton subsidiary, has elected Thomas J. Feehan to the position of chairman of the board of the company and TI, Austin Jr. of Dallas to succeed Feehan as president and chief executive officer. Austin is former chairman and a former director of Texas Utilities Co. Both appointments are effective Aug.1. Austin, who has been with the Texas Utilities sys-tem since 1953, announced his retirement from the company at the May shareholders' meeting. lie became president and chief execu-tive officer of Texas Power & Light in 1967, was elected president of Texas Utglities Co. in 1972 and chairman of the board in 1975.
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