ML20035B554
| ML20035B554 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/26/1993 |
| From: | Frantz S NEWMAN & HOLTZINGER, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#293-13804 CPA, NUDOCS 9304020145 | |
| Download: ML20035B554 (22) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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Texas Utilities Electric
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Docket No. 50-446-CPA Company
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(Comanche Peak Steam Electric
)
. Station, Unit 2)
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i TEXAS UTILITIES ELECTRIC COMPANY'S l
RESPONSE TO THE COMMISSION'S ORDER OF MARCE 26. 1993
-l By Order dated March 26, 1993, the.U.S. Nuclear
)
Regulatory Commission (Commission or NRC) requested the NRC Staff i
and any other' interested party to address two issues..First, i
whether the Staff had received responses to a letter dated.
i January 12, 1993 from Thomas Murley, Director Office of Nuclear i
Reactor Regulation (NRR) to Texas Utilities _ Electric Company (TU Electric) and the former minority owners of the Comanche Peak-Steam Electric Station (CPSES) and, if so, whether the " responses provide reasonable assurance that the. employees and contractors of the former co-owners have been aware that they may bring safety concerns to the NRC."
Secondly, the' Commission requested
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the Staff to address the status of a 2.206 petition filed by the National Whistleblower Center raising the first issue.
TU Electric herewith files its response,to the first issue.
9304020145 930326 A
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PDR ADOCK 05000446 9
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Upon receipt of the January 12, 1993 letter, Mr. Wes Taylor, Executive Vice President of TU Electric, advised each of i
the former minority cwners that nothing contained in the agreements between the former minority owners was intended to restrict anyone from communicating a safety concern to the NRC.
In his letter to Brazos Electric Power Cooperative ("Brazos"),
for example, Mr. Taylor stated as follows:
Nevertheless in order to affirm and clarify TU Electric's intent and to resolve the NRC's Staff's concerns, TU Electric is hereby advising Brazos Electric Power Cooperative, t
Inc., that the subject provisions are not intended to prohibit the minority owners, their employees, or representatives from communicating safety concerns to the NRC, and accordingly TU Electric will not attempt to impose or enforce any such prohibition.
These individuals or organizations may, at any time, bring safety information to the NRC, if the individual or organization so chooses.
Letter from Wes M. Taylor, Executive Vice President, TU Electric to Mr. Richard E. McCaskill, Executive Vice President and General Manager, Brazos Electric Power Cooperative, Inc. (February 3, 1993).
Similar letters were also sent to Texas Municipal Power Agency ("TMPA") and Tex-La Electric Cooperative of Texas, Inc.
(" Tex-La") 1/
Subsequently on February 9, 1993 TMPA responded to the NRC's January 12, 1993 letter.
Tex-Law and Brazos responded by i
+
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Copies of TU Electric's letters to the former minority owners are attached.
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." i letters dated February 10, 1993. 2/
In its response Brazos
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explained that it had never interpreted its agreement with TU
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Electric "as prohibiting the communication of safety information l
t to the NRC and [Brazos has] taken no action to stifle any individuals or organizations in such regard." 1/
Similarly, in its letter of February 9, 1993, TMPA advised the NRC that it did not interpret its agreement with TU-t Electric as prohibiting anyone from bringing safety concerns to the attention to the NRC.
TMPA's letter provided in pertinent
[
part:
TMPA has obtained the written' assurance of TUEC.
. that TUEC does not interpret the agreement to prohibit TMPA, its employees or representatives from communicating safety concerns to the NRC.
Likewise, TMPA does not interpret the agreement to contain any such prohibition.
t TMPA is unaware.of any individual or organization connected with it who has interpreted the language in its February 12, 1988 agreement with TUEC to deprive the NRC of safety information with respect to the CPSES. A/
Additionally, by letter dated February 10,1993, Tex-La informed Dr. Murley that it had advised its consultants and 2/
Copies of the former minority owners responses to the January 12, 1993 letter are attached.
1/
Letter from Richard E. McCaskill, Executive Vice President and General Manager, Brazos Electric Power Cooperative, Inc.
to Thomas E. Murley, Director NRR (February 10, 1993).
A/
Letter from Ed L. Wagoner, Executive Director and General Manager, Twin Municipal Power Agency to Thomas Murley, Director NRR (February 9, 1993).
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4 attorneys who were aware of the terms of the settlement agreement with TU Electric, that the settlement agreement was not intended to restrict anyone from bringing safety concerns to the NRC and that the consultants and lawyers were "not precluded from communicating safety concerns relating to the CPSES to the NRC. " -
As these letters clearly show, TU Electric and each of the former CPSES minority has responded to Dr. Murley's January 12, 1993 letter.
These responses show that there is reasonable assurance that employees and contractors of the fonner CPSES minority owners are aware that they may bring safety concerns to the attention of the NRC 5/
[
Finally, the settlement agreements, which provided for the sale of the minority owners' share of CPSES, were executed in-1988-89.
Subsequently, TU Electric conducted extensive design and hardware validation programs for CPSES Unit 2. E/ These programs provide reasonable assurance of the adequacy of the design and construction of CPSES Unit 2.
E/
Letter from John H. Butts, Manager Tex-La Electric i
Cooperative of Texas, Inc. to Mr. Daniel J. Klectsman, Massachusetts Institute of Technology (February 10, 1993) attached to Letter from John H. Butts to Thomas E. Murley, Director, NRC (February 10, 1993).
1/
Egg letter TXX-92215 from William J. Cahill, Jr. (TU Electric) to NRC (Apr. 27, 1992); NRC Inspection Report 50-445/91-202; 50-446/91-201 (Mar. 31, 1992).
~
-5 Respectfully submitted, K
Robert A. Wooldridge, Esq.
George L. Edgar
/
Worsham, Forsythe, Sampels &
Thomas A. Schmutz Wooldridge Steven P. Frantz 2001 Bryan Tower Paul J.
Zaffuts Suite 3200 Newman & Holtzinger, P.C.
Dallas, TX 75201 1615 L. St, N.W.
(214) 979-3000 Washington, D.C. 20036 (202) 955-6600 Attorneys for TU Electric March 26, 1993 3
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NUCLEAR REGULATORY COMMISSION-
.I 93 WR 26 P4 :16 aEroRE THE COMMISSION
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!! E', /'s In the Matter of
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TEXAS UTILITIES ELECTRIC
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.i COMPANY
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Docket No. 50-446-CPA i
(Comanche Peak Steam Electric
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Station, Unit 2).
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q CERTIFICATE OF SERVICE l
I hereby certify that copies of " TEXAS UTILITIES j
l ELECTRIC COMPANY'S RESPONSE TO COMMISSION'S ORDER OF MARCH 26, j
l 1993" were served on' March 26, 1993, by.h'and, unless otherwise-6 indicated below, on each'of the following:
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Office of Commission Appellate Administrative Judge i
Adjudication; Morton B. Margulies, Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board..
Washington, D.C. 20555 U.S._ Nuclear Regulatory
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Commission Washington,'D.C. 20555 Office of the Secretary Administrative Judge' U.S. Nuclear Regulatory Peter S.. Lam l
Commission Atomic Safety and Licensing Washington, D.C. 20555 Board-1 Attentions Chief, Docketing U.S. Nuclear Regulatory and Service Section Commission (Original Plus Two' Copies)
Washington, D.C. 20555 i
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Administrative Judge Michael D. Kohn, Esq.*
James H. Carpenter Kohn, Kohn & Colapinto, P.C.
Atomic Safety and Licensing 517-Florida Avenue, N.W.
Board Washington, D.C.
20001 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i
Janice Moore, Esq.
R. Micky Dow*
Marian L.
Zobler, Esq.
Sandra Long Dow Michael H. Finkelstein, Esq.
506 Mountain View Estates Office of the General Counsel Granbury, TX 76048 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l
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- Served By Fax and by
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First Class Mail i /b,. f.gaffhts iHD Paul 7
1615 L Street, N.W.
Suite 1000 i
Washington, D.C.
20036 (202) 955-6600 Dated:
March 26, 1993 k
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E A-Log # TXX-93066 y9 File # 10076 1.
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7t/ ELECTRIC February 3, 1993 Wes M. Taylor rue.vw =4.
Mr. Ed Wagoner. General Manager Texas Municipal Power Agency "P. O. Box 7000 Bryan. TX 77805
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION (CPSES)
DOCKET N05. 50-445 AND 50-446 RESPONSE TO NRC REQUEST FOR INFORMATION
Dear Mr. Wagoner:
In a recent pleading filed by the Nuclear Regulatory Commission (NRC) Staff connection with the Comanche Peak Steam Electric Station (CPSES)'
Construction Permit Extension matter counsel for the NRC Staff took the position that' certain provisions of the CPSES minority owner litigation settlement agreements (Sections 9.2 and 9.7 [9.6 of the TMPA Agreement])
were in conflict with Commission policy. insofar as they preclude the minority. owners from bringing information of regulatory concern to the NRC.
On January 12. 1993.-the Director'of Nuclear' Reactor Regulation wrote each of the minority owners (Brazos. THPA, and Tex-La) and TU Electric expressing-concerns about the potentially restrictive provisions.of these settlement agreements and asking the minority cwners and TV Electric to inform.him of what actions have been or will be taken in order to assure that individuals and organizations do not believe that they are precluded by these settlement agreements from coming to the NRC with safety concerns.
TU Electric continues to believe that these settlement agreements, including the provisions cited-by the NRC Staff, are consistent with official Commission policy. More particularly. Section 9.7 of each of the settlement i
agreements specifically provides that each minority owner (as well as.those acting on behalf of the minority owners'. such as its' members, agents, servants, employees, officers, directors, consultants, attorneys, and representatives) was free to comply with Section 210 (now Section 211) of-the Energy Reorganization Act, which in turn reflects a policy to ensure that employees of nuclear licensees (such as the minority owners) are free to report safety concerns to the NRC.
Furthermore, in said'section of each agreement, each minority owner made affirmative representations and I
warranties-that.it did'not know of any violation, actual or alleged. of Section 210 that had not previously been disclosed to TU Electric in writing.
It was thus clearly the intention of TV Electric to insure that-all safety concerns had or would be made known to the NRC.
enforceable.
f f
2001 Bryan Tower Danes. Texas 75201 214 8124200 -
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Page 2 of 2
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Nevertheless, in order to af firm and clarify' TU Electric's intent and to resolve the NRC's Staff's concerns. TV Electric is hereby advising Texas Municipal Power Agency that the subject provisions are not intended to prohibit the minority owners, their employees, or representatives from communicating safety concerns to the NRC. and accordingly TU Electric will not attempt to impose or enforce any such prohibition.
These individuals or organizations may at any time, bring safety information to the NRC. if the individual or organization so chooses. To the extent that these provisions prohibit the minority owners from initiating or participating in litigation involving Comanche Peak, including litigation before the NRC. they will continue to be effective and enforceable.
Yours truly.
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Wes M. Taylor RSB/ds t
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Log # TXX-93065 r7 File # 10076
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7UELECTRIC February 3. 1993-
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Wm M.Taybr Lmuriw nn twmww Mr. Richard E. McCaskill
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, Executive Vice President and General Manager j
Brazos Electric Power Cooperative. Inc.
-2404 LaSalle Avenue Waco. TX 76702-2585 j
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SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION (CPSES) l DOCKET N05. 50-445 AND 50-446 RESPONSE TO NRC REQUEST FOR INFORMATION
Dear Mr. McCaskill:
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In a recent pleading filed by the Nuclear Regulatory Commission (NRC) Staff in connection with the Comanche Peak Steam Electric Station (CPSES) 1 Construction Permit Extension matter, counsel for the NRC Staff took the i
position that certain provisions of the CPSES minority owner litigation settlement agreements (Section 9.2 and 9.7 [9.6 of the'1HPA Agreement]) were l
in conflict with Commission policy, insof ar as they. preclude the minority j
owners from bringing information of regulatory concern to the NRC.
On j
January 12, 1993, the Director of Nuclear Reactor Regulation wrote each of the minority owners (Brazos. TMPA. and Tex La) and TU Electric expressing i
concerns about the potentially restrictive provisions of these settlement-agreements and asking the minority owners and TU Electric to inform him of what actions have been or will be taken in order to assure that individuals and organizations do not believe that they are precluded by these settlement agreements from coming to the NRC with safety concerns.
j TU Electric continues to believe that these settlement agreements, including the provisions cited by the NRC Staff, are consistent with official j
Commission policy. More particularly. Section 9.7 of each of the settlement agreements specifically provides that each minority owner (as well as those acting on behalf of the minority owners, such as its members, agents.
servants, employees, officers, directors, consultants, attorneys, and 3
representatives) was free to comply'with Section 210 (now Section 211) of the Energy Reorganization Act, which in turn reflects 'a pol ~ icy.to ensure that employees of nuclear licensees (such as the minority owners) are free j
to report safety concerns to the NRC.
Furthermore. in said same section of l
each agreement. each minority owner made affirmative representations and warranties that it did not know of any violation. ' actual or alleged of Section 210 that had not previously been disclosed to'TU Electric in writing.
It was thus clearly the intention of TU Electric to insure that all safety concerns had or would be made known~ to the NRC.
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2001 BryanTomar Dallas, Texas 75201 21A 812-8200 i
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'TXX-93065 j
Page12 of 2-i
'l Nevertheless, in order to affirm and clarify TV Electric's intent and 'to resolve the NRC's Staff's concerns, TU Electric is hereby advising Brazos.
't Electric Power Cooperative, Inc. that the subject provisions are not-intended to prohibit the minority owners, their employees or l
representatives from communicating safety concerns to_the NRC, and
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accordingly TU Electric will not attempt to impose or enforce any such j
' prohibition.
These individuals or organizations may. at any time, bring safety information to the NRC, if the individual or= organization so chooses.
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To the extent that these provisions prohibit the minority owners from initiating or participating,in litigation involving Comanche Peak, including l
litigation before the NRC. they will continue to be effective and
]j enforceable.
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Yours truly, i
l Wes H. Taylor.
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ggggugggg Log # TXX-93067 f
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File # 10076
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7UELECTRIC February 3. 1993 Wa htTesbr tm.m v.n ranker
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Mr. John H. Butts. Manager Tex-La Electric Cooperative of Texas. Inc.
1 P. O. Box 1623 i
Nacagdoches.
TX 75963-1623
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION (CPSES)
DOCKET NOS. 50-445 AND 50-446 RESPONSE TO NRC REQUEST FOR INFORMATION
Dear Mr. Butts:
l In recent pleading filed by the Nuclear Regulatory Commission (NRC) Staff in connection with the Comanche Peak Steam Electric Station (CPSES)
Construction Permit Extension matter, counsel for the NRC Staff took the position that certain provisions of the CPSES minority owner litigation settlement agreements (Sections 9.2 and 9.7 [9.6 of'the TMPA Agreement])
were in conflict with Commission policy, insofar as they preclude the'
[
minority owners from bringing information of regulatory concern to the NRC.
On January 12. 1993, the Director of Nuclear Reactor Regulation wrote each i
of the minority owners (Brazos. TMPA. and Tex-La) and TU Electric-expressing i
concerns about the potentially restrictive provisions of these settlement agreements and asking the minority owners an TU Electric to inform him of what actions have been or will be taken in order to assure that. individuals and organizations do not believe that they are precluded by these settlement agreements from coming to the NRC with safety concerns.
TU Electric continues to believe that these settlement agreements. ' including the provisions cited by the NRC Staff, are consistent with official Commission policy.
More particularly. Section 9.7 of each of the settlement.
i agreements specifically provides that each minority owner (as well as those 1
acting on behalf of the minority owners, such as its members, agents.
servants, employees, officers, directors, consultants. attorneys, and representatives) was free to comply with Section 210 (now Section 211) 7f the Energy Reorganization Act, which in turn reflects a policy to, ensure that employees of nuclear licensees (such as the minority owners) are free to report safety concerns to the NRC.
Furthermore, in said same section of j
each agreement, each minority owner made affirmative representations and i
warranties-that it did not.know of any violation, actual or alleged, of Section 210 that had not previously been disclosed to TU Electric in writing.
It was thus clearly the intention of TU' Electric to insure that i
allisefety concerns had or would be made known to the NRC.
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2001 Bryan Tower Danes,Tesas 75201 284 812-a200
Page 2 of 2 L
Nevertheless. in order to affirm and clarify TU Electric's intent and to resolve the NRC's Staff's concerns, TV Electric is hereby advising Tex-La Electric Power Cooperative of Texas. Inc. that the subject provisions are not intended to prohibit the minority owners, their employees, or representatives from communicating safety concerns to the NRC, and
.accordingly TU Electric will not attempt to impose or enforce any such i
prohibition. These individuals or organizations may, at any time, bring safety information to the NRC, if the individual or organization so chooses.
To the extent that these provisions prohibit the minority owners from initiating or participating in litigation involving Comanche Peak, including litigation before the NRC, they will continue to be effective and en f o rce a bl e.
Yours trul Wes H. Taylor RSB/ds t
y-Servino the ciDes of Bryan. Denton, Garland & G/eenville.
p Mr. Thoma's E. Murley, Director office of Nuclear Reactor Regulation United States Nuclear Regulatory Comission Washington, D. C.
20655
Dear Mr. Murley:
This will acknowledge receipt of your letter of January 12, Municipal Power Agency ("TMPA") does not now take, nor has it ever taken 1993.
Texas Corporation ("TUEC") on February 12, position that the agreeme g
, the 1988, prohibits either TMPA, bringing safety information or concerns to the Nu someone
("HRC"). k TMPA respectfully disagrees with your conclusions that contained in the TMPA/TUEC agreement could have caused a " chilling effe being depvived of safety information.past or may cause such a " chil Your letter states, "Accordingly, TMPA should take actions to ensure that a individuals and organizations that could be affected by the potentially restricti g
may, at an,ve provisions in the TMPA agreement clearly understand that...anyon y time, bring safety information to the NRC...."
the only parties to the agreement, are the only entities or organizations bo by its tehns.
TMPA has obtained the written assurance of TUEC, attached hereto that TUEC';does not interpret the agreement to prohibit TMPA, its employ representatives from comunicating safety concerns to the NRCl does not interpret the agreement to contain any such prohibition.Likewise, TMPA THPA is uitaware of any individual or organization connected with it who h interprete'd the language in its February 12, 1988 the NRC of safety information with respect to the CPSES. agreement with TUEC to deprive
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Very truly yours,
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Ed L. Wagoner EW/dv l
Executive Director and General Manager 4
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2 THE STATE OF TEXAS 5
E COUNTY OF GRIMES This instrument was acknowledged before me on the _ 9th day of February
, 1993, by Ed L. Wagoner.
jarA %. Osj7 bas
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Texas L L ____
Wanda M. Callahan (Printed Name of Notary)
My Comission Expires:
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Mr. Richard E. McCaskill Executive Vice President and General Manager Brazos Electric Power Cooperative. Inc.
2404 LaSalle Avenue Waco, Texas 76702-2585 Mr. William J. Cahill, Jr.
Group Vice President, Nuclear Texas Utilities Electric Company 400 North Olive Street, L.B. 81 Dallas. Texas 75201 I
Mr. John H. Butts, Manager Tex-La Electric Cooperative of Texas. Inc.
P.O.% Box 1623 Nacopdoches, Texas 75953-1623 I
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ud GenetalMnuger February 10,1993 Mr. Thobas E. Murley, Director Office of Nuclear Reactor Regula00n United States Nuclear Regulatory Commission Washington, D.C. 20555 Re:
Docket Nos. 50-445 and 50-446
Dear Mr. Murley:
Your January 12,1993 letter addressed to me as Executive Vice President and General Manager of Brazos Electric Power Cooperative, Inc. requires me to Inform you in writing and under oath or affirmation of what actions Brazos Electric has taken or is taking in order to ensure that Individuals and organizations do not believe that they are precluded from coming to the NRC w!!h safety concems.
Brazos Electric has never read any of the pro /isions of its July 5,1988 agreement with Texas. Utilities Sectric Company (TUEC) as prohibiting the communication of safety information to the NRC, and we have taken no action to stifle any Individuals or organizations in such regard. Wrth regard to the experts and consu!tants working for Brazos sectric in the Comanche Peak matter, on July 6,1988 they were informed that an agreement with TUEC had been teached and, in these words, 'Brazos will no longer be requiring the professional services of you and your associates, and directs that you immediately cease. york on any projects undertaken at Brazos' attorneys' direction."
So that our representatives will be aware of NRC's and TU Sectric's positions, Brazos sectric has provided its Comanche Peak litigation attorneys with a. copy of your January 12,1993 letter and a copy of a February 3,19931stier to me from Wes M. Taylor, Executive Mee President of TU Electric, which I understand to have been written as a result of your January 12,1993 letter to TU Bectric. In his letter, Mr. Taylor states as fo!!ows: i I
- Nevertheless, in order to affirm and clarifyTU Electric's intent and to resolve.
the'NRC's Staff's concerns, TU Bectric is hereby advising Brazos Sectric L
4 C
Mr. Thomas E. Murley February 10,1933 Page Two Power Cooperative, Inc. that the subject provisions are not intended to prohibit the minority owners, their employees, or representatives from communicating safety concems to the NRC, and accordingly TU Electric will not attempt to impose or enforce any such prohibition. These indMdus!s or organizations rnay, at any time, bring safety information to the NRC, if the Individual or organization so chooses."
I trust this information meets your requirements. If you require anything further, please let me know.
Yours very tru!y, f
l Richard E. McCaskill REM:ab:
cc:
Wes M. Taylor, Executive Vice President TU Electric i
OATH I
THE STATE OF TEXAS E
COUNTY OF McLENNAN 5 BEFORE ME, the undersigned authority, on this day persona!!y appeared RICHARD E. McCASKILL, Executive Vice President and General Manager of Brazos Electric Power Cooperative, Inc., who, being by me duty swom, upon oath, stated that the Information provided in the foregoing letter ' true and correct.
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N., by'the'said Richard E. McCaskill. SIGNED AND SWORN TO before me on the /8 day
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d tex LA ELECTMic COOPERATIVE OF TEXAS. INC.
l February 10, 1593 Mr. Thomas I, Murley
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3 Director, ofrice of Nuclear Reactor l
Regulation U.S. Nuoloar Regulatory commission l
Washington, D.C.
20555 I
e Re Decket Mos. 50-445 and 50-446
Dear Mr. Murley:
Attached hereto is a docunant entitled " Declaration of John l
N. Butta" which is being submitted by Tax-La Electric cooperative
-l of Texas, Inc. (" Tex-La") in response to your letter dated.
'i January 12, 1993.
We believe the Declaration and attachments l
thereto will satisfy the concerns awpressed in your letter.
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nrcMRATIctf oF JcMM M. BUTTS l
The Declarant, John H. Butts, hereby affirma undar _ cath as follows:
I am Manager of Tex-La Electric Cooperative of Texas, f
1.(aTex-La"), an electric generation and transmission l
Inc.
. cooperative located in Nacogdoches, Tozas.
I 2.
By separate letters dated January 14, 1993, Thomas E.
Marley, Director of the office of Nuclear Reactor Regulation of l
the Nuclear Regulatory Commission ("NRC*), informed Texas Utilities Electric Company ("TU Electric"), Tex-La and other former owners of the Comanche Peak Steam Electric station
("CPsssa) that certain provisions of settlement agressente
- between TU Electric and those minority owners of CPsES are unacceptable to the NRC.
This Declaration is being submitted in response to Mr. Murley's January 14 letter.
The provision of the settlement agreement between Tex-La 3.
section and TO Electric of concern to the NRc is section 9.2(d).
9.2(d) provides.that Tex-Za will menoonrage and solicit its t
attorneys... not to oppose, or assist any third party. in i
opposing, TU Zlectric in connection with any matters relating to The same section also provides that Tax-La "will take (CPsts)."
all such action se may be necessary or appropriate in order to prevent the consultants and attornays... from participating.cr assisting in any manner adverse to Tex-La's duty of cooperation
.... a gas settlement Agreement at i f.2(d).
4.
By letters dated March 28, 1989, Foster De Reitsee, an attorney then with the law firm of Earon, Burchette, Ruckert &
Rothwell, notified the consultants.vbo had assisted Tex-La in the i
litigation between Tex-La and TU Electric that they were l
requested not to oppose or assist. any, third party in opposing TU Electric in connootien with any matters relating to CPats.. The 4
letter did not, either explicitly or implicitly, osamunicate to l
the recipients that they ware prohibited from taking safety j
concerns to the NRC.
t 8.
By letters dated February 10, 1993 Tex-la notified the a
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sans consultants who received the March 28, 1989. letters that the-i NRC had taken the position that i S.I(d) of the settlemar.t agreement is potentially restrictive because it could be.
interpreted to prohibit individuals-from taking safsty concerns-Further, Tau-La has informed those individuals that to the NRC.
the settlement agreement was not intooded to restrict Tex-La's j
oonsultants from taking safety concerns to the unc.
A sample 1
copy of one of the letters (without attachments) sent by,me, on l
behalf of Tax-IA, is attached hereto as Attachment A.
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its counsel, Willian X. Durchette, that the settlematst agreement
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should not be interpreted to restrict the submission of safety i
concerna to the NRC.
A copy of that letter (without attachment)-
l i.s attached hereto at Attachment 3.
rrect to the best-I declars that the foregoing is trup and T
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of r.y knowledge.
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/ John.1lf. But!W Subscribed and sworn to before me this M day of l
Tabruary, 1993.
Len.br ob Notary Public
.'My Commission Expires I
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ATTACHMENT A 1
i tex LA ELECTRIC Co0 PERATIVE OF texas, INC. _
[
February 10, 1993 i
Mr. Daniel.7. Kleitman j
Massachusetts Institute of Technology j
Department of Mathanatics Room 2-336 l
cambridge, MA 03138 t
Rol Tar-12 Plactric coonmentiva af Taram. Yne.
t Dear Mr. Kleitaans i
The purpose-of this letter is to advise you of j
correspondence recently received by Tax-14 ElectriosCooperative
(" rex-La") from the Nuolour Regulatory commission j
of Texas, Inc.
i
("NRc") which has a bearing on a letter which you received from Tex-I4's attorneys in March,1989. ' Copias of the letters from. '
Tax-La's attorneys and from the NRC are attached hereto.
You should note that, in response to a petition filed by the the NRC National Whistleblever canter and certain of its clients, ion of has taken the position that, according to-its interpretat j
certain taras of a settlement agressant between Tex-La and Texas Utilities Electric Company ("TU Electrio"). which settled the
-l partiss' disputes surrounding the comanche Peak Steam-Electric Station ("CysES"), those terns are unenforceable.
Specifically, i
the NRC states.in its letter that language.in'the settlement agreement restricting Tax-La's right to oppose any aspect of.
i cpsss and requiring Tax-14-to 8 encourage and solicit its -
attorneys and consultante not to oppose, or assist any third ITU Electric) in connection with any matters j
party in opposing, relating to cys38" could have a " chilling effect" on NRC's~ access Thus, according to the NRC.these I
to safety information.
restrictiva provisions are " void and-unenforbeable and..
i anyone any, at any time, bring safety information.to the NRC, or l
assist third parties to do so....-.*
l This letter is sent to you to' satisfy the NRc8s requirement s
that Tex-La inform individuals and organisations that they are-not preclud'ad from Soamunicating safety.ooncerns relating to l
Cysts to the NRC..The 1989 letter te you fros our attorneys did
?
not intend to imply that Tex-La'has the right to prevent or cause l
any action en'your part.
Rather, our obligation under the CPSES l
settlement agreement is only to "ancourage and solisit your n of this matter.
- i cooperation." Thank.you for your considerat rs,! I f
a os 1
ye i
John
. Butts Manager j
1 l-Tax-Electr o cooperative r
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xtfacha.ntsv)..nolosures P.O. B0X 631623
- NACOGDOCHES, TEXAS 759831823
- 400/580 9531' aaL-usmo ounan v'm s13ya Q
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- 2Dr44 tset cFF 82:Cl ts.'s gew_
ATTACEMrNT'3
- +
tex LA ELECTRIC CooPERAnVE OF Texas, INC. -
i
?
February 10, 1993 William M. Durchette, Esq.
Erickfield, Burchette & Ritts, P C.
I 1025 Thomas Jefforson St., N.W
~
Suits 400 East Washington, D.C.
20007 i
s i
Daar aill:
.t The purpose of this letter is te notify you of a letter
(" Tex-La")
which Tex-La Electrio cooperative of Texas, Inc.
received recently from the Nuclear Regulatory Commission ("NRC").-
j A copy of the letter is attached for your review.
J As you can see from the letter, the NRC believes that the provisions of the settismant agraament betvaan Texas Utilities Electric company ("TU Electrio*) and the minority owners of
)
Comanche Peak Stean Electric station ("CPSES") could be interpreted in a manner that might have a
- chilling.effect" on individuals desiring to take safety concerns to tha NRC.- The:
?
purpose of this letter is -to reaffiris to you that the settiament l
agreement does not limit your ability to notify the-NRC of CPSES-related safety concerns, if you so choose.
i; sincere}yyours,-
0 h-A t
J
-Johg[M.
u ta f
Attachment y
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i P.O. BOX 631623
- NAC0GDOCHES. TEXAS 759631613
- 409/560 9532 i
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