ML20078F964

Notification to Commission of Miami Valley Power Project Misrepresentation in 831003 Motion for Reconsideration of ASLB 830915 Order.No Util Counsel Communicated W/Govt Accountability Project.Certificate of Svc Encl

ML20078F964
Person / Time
Site:	Zimmer
Issue date:	10/06/1983
From:	Conner T CINCINNATI GAS & ELECTRIC CO., CONNER & WETTERHAHN
To:
References
NUDOCS 8310110269
Download: ML20078F964 (4)

Text

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t 00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and LicensingMom-7 A10:34 0FflCE 0F SECRGor' In the Matter of ) 00CMETING A SERVIU.

BRANCH

)

The Cincinnati Gas & Electric )- Docket No. 50-358 Company, et al. )

. -)

(Wm. H. Zimmer Nuclear Pcwer )

Station) )

NOTIFICATION TO CCMMISSION OF MISREPRESENTATION BY MIAMI VALLEY POWER PROJECT IN ITS PETITION FOR RECONSIDERATION 'OF SEPTEMBER 15, 1983 ORDER Today the undersignsd counsel learned that Miami Valley Power Project ("MVPP") had filed a motion dated October 3, 1983 for reconsideration of the Atomic Safety and Licensing Board's September'15,,1933 order. This petition at page 10 states, in pertinent part,'"On T,hursday, September 29, 1983 through counsel, MVPP, communicated an offer '(to the Applicant) to stipulate limitations on its proposed contentions . . .

for some proposed hearing. A referenced letter dated October 3, 1983 also refers to some meeting of Septemb6r 22, 1983.

This will notify the' Board tha't no person in the firm of Conner & Wetterhahn, P.C. has in any way been involved in any communication with anyone from MVPP_, Gov 5rnment Accountability Project (" GAP"), or anyone representing them. The Cincinnati Gas & Electric Company advises that'no other counsel representing it was-involved in any such communication. Accordingly, the e310110269 831006 '

PDR ADOCK 05000358 O PDR

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T -

l statement by Thomas Devine, Legal Director, GAP, misrepresents the facts. -

It is further noted that such a communication to an officer of the Applicant, if it occurred, is a violation of SDR 7-104 of the Code of Professional-Responsibility, and also Ethical Consideration 7-18 which prohibits a lawyer "from communicating or causing another to communicate on the subject of the represen-tation with a party he knows to be represented by a lawyer in that matter unless he has the prior consent of the lawyer representing such other party or is authorized by law to do so."

For the record, it is noted that although the certificate of service signed by Mr. Devine reflects service by mail upon the undersigned on October 3, 1983, no such service'has been received. A response will be filed to this latest in the series of motions by'the intervenors in accordance with the Rules of Practice.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

' ~

Troy . onner, Jr.

Counsel for the Applicants October h , 198 3 -

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine Board In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H . Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Notification to Commission of Misrepresentation by Miami Valley Power Project in its Petition for Reconsideration of September 15, 1983 Order," dated October 6, 1983, in the captioned matter, have been served on the following by deposit in the United States mail this th day of October, 1983:

Alan S. Rosenthal, Chairman Dr. Frank F. Hooper Atomic Safety and Licensing Chairman of Resource Appeal Board Ecology Program i U.S. Nuclear Regulatory School of Natural Commission Resources Washington, D.C. 20555 University of Michigan Ann Arbor, MI 48104 Stephen F. Eilperin Atomic Safety and Dr. M. Stanley Livingston Licensing Appeal Board Administrative Judge U.S. Nuclear Regulatory 1005 Calle Largo Commission Sante Fe, NM 87501

Washington, D.C. 20555 Chairman, Atomic Safety l

Howard A. Wilber and Licensing Appeal L Atomic Safety and Board Panel Licensing Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety Judge John H. Frye, III and Licensing Board Chairman, Atomic Safety and Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

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.. e Charles A. Barth, Esq. David K. Martin, Esq.

Counsel for the NRC Statf Assistant Attorney General Office of the Executive Acting Director Legal Director Division of U.S. Nuclear Regulatory Environmental Law Commission Office of Attorney General Washington, D.C. 20555 209 St. Clair Street Frankfort, Kentucky 40601 Deborah Faber Webb, Esq.

7967 Alexandria Pike George E. Pattison, Esq.

Alexandrin, Kentucky 41001 Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq. 462 Main Street Attorney at Law Batavia, Ohio 45103 200 Main Street Batavia, Ohio 45103 William J. Moran, Esq.

Vice President and Lynne Bernabei, Esq. General Counsel Government Accountability The Cincinnati Gas &

Project /IPS Electric Company 1901 Q Street, N.W. P.O. Box 960 Washington, D.C. 20009 Cincinnati, Ohio 45201 John D. Woliver, Esq. Docketing and Service Clermont County Branch Office of the Community Council Secretary U.S. Nuclear Box 181 Regulatory Batavia, Ohio 45103 Commission Washington, D.C. 205b5 Brian Cassidy, Esq.

Regional Counsel Stephen H. Lewis, Esq.

Federal Emergency U.S. Nuclear Regulatory Management Agency Commission Region I Region III John W. McCormick POCH 799 Roosevelt Road Boston, MA 02109 Glen Ellyn, Illinois 60137 TroyfB. Conner, Jr.

cc: Robert F. Warnick cc: Commissioners Director, Enforcement U.S. Nuclear Regulatory and Investigation Commission NRC Region III Washington, D.C. 20555 799 Roosevelt Road Glen Ellyn, Illinois 60137

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