ML20099B693
| ML20099B693 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/15/1984 |
| From: | Reynolds N BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#484-161 OL-2, NUDOCS 8411190254 | |
| Download: ML20099B693 (6) | |
Text
,_
74 5 4'
y' r e, November 15, 1984 UNITED STATES OF AMERICA, NUCLEAR REGULATORY COMMISSIONI,.,1_:
P3 :29 BEFORE THE ATOMIC SAFETY AND LICENSING-BOARD.,y U0ChEiivi a $EFTfJ.
EJ unm In the Matter of:
)
)
TEXAS UTILITIES ELECTRIC
). Dockets Nos. 50-445-2 and COMPANY, et al.
_)
., _5,0-4 4 6, _2,
)
(Comanche Peak Steam Electric.
)
(_ Applications for Station,. Units 1 and 2)
)
Operating Licenses)
APPLICANTS' MOTION TO CONTINUE CONFERENCE AND TO REQUIRE INTERVENOR TO FILE ITS MOTION IN WRITING Applicants Texas Utilities Electric Company, et al.
move the Board to postpone the conference now scheduled for 10:00 a.m.
Friday, November 26, and to require Intervenors to file the motion proposed to be argued at that conference in writing.
1.
During the afternoon of Wednesday, November 14, counsel for Applicants was advised by an NRC secretary that the Board had scheduled a conference call for 10 : 00 a.m.
Friday morning to argue an Intervenor motion to disqualify Mr. Gallo from representing Joseph J.
Lipinsky in hearings.
At our request, the secretary ascertained that Intervenor had not reduced the motion to writing, and had no plans to do so.
8411190254 84111U PDR ADOCK 05000445 O
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-.2 2.
Ap'plicants' counsel advised the secretary of our belief that a motion to disqualify should be filed in writing.
At a minimum, we suggested, Intervenor should be required to provide the parties with a written summary of the factual and legal bases for the motion prior to argument.
Counsel repeated these concerns to the Board's Chairman in a telephone conference a few minutes later.
3.
At the Chairman's prompting, counsel for Intervenors convened a conference call with counsel for Applicants and NRC staf f--but without counsel fo r O. B.
Cannon--to review the factual and legal bases for Intervenors' motion to disqualify.
Intervenor referred to certain J.J.
Lipinsky diary notes, to a November 28, 1983 letter from R.D.
Roth to Nicholas S.
Reynolds, and miscellaneous memoranda and notes.
Intervenor cited a Canon of the Model Code of Professional Responsibility, a Disciplinary Rule, and one appellate case as the legal bases for the motion to disqualify, and indicated that Intervenor might cite additional authorities at the Friday conference, as disclosed by additional research.
4.
Intervenor identified what it perceives to be the conflict of interest issue as early as mid-October, based on Intervenor's review of documents produced in discovery by l
0.B.
Cannon & Son on October 10.
We understand that nothing in the testimony of the O.B.
Cannon witnesses, filed on November 5, caused Intervenor to change its view of the l
b~
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-. con flict issue as it relates to Mr. Gallo and Mr. Lipinsky.
Intervenor could, and should, there fore, have subnitted its B
motion long before the eve of hearings on these witnesses.
The late date of the motion forces hasty preparation by counsel and hasty consideration by the Board.
5.
We request the Board to order Intervenor to submit its motion in writing, with an opportunity-for written responses, so that the Board may consider the facts and
- authorities with deliberate consideration.
A motion to disqualify counsel represents no casual matter, and may require the presentation and evaluation of complex and subtle material, both factual and legal.
In Applicants' view, oral argument is inadequate to the task.
6.
For the foregoing reasons, we move the Board to continue the conference scheduled for 10:00 a.m.
- Friday, November 16, and to order Intervenors to present its motion in writing.
7.
Postponement of consideration of Intervenor's motion to disqualify Mr. Gallo's representation of Mr.
Lipinsky necessarily requires postponement of Mr. Lipinsky's appearance before the Board.
Applicants propose that hearings regardi.ng Mr. Roth, Mr. Norris, and Mr. Trallo go forward, as scheduled, commencing on November 19, with Mr.
Lipinsky's appearance to be rescheduled as appropriate.
We propose postponement of Mr. Lipinsky's appearance
- e reluctantly.
Had Intervenor. raised this issue earlier, as it could have,: the matter could have been. resolved without the postponement of any witness' appearance.
Respectfully submitted,
)
J Nicholas S.
Reynolds McNeill Watkins II Bishop, Liberman, Cook, Purcell & Reynolds 1200 Seventeenth Street, N.W.
Washington,.D.C.
20036 (202) 857-9800 Counsel for Applicants November 15, 1984 a
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
.o n f c.,, - P3 :29
- ia BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
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)
00cKET!NG & SEPvtrJ TEXAS UTILITIES ELECTRIC
)
Docket Nos. 50-445-2 EnWC4 COMPANY, et al.
)
50-446-2
)
(Comanche Peak Steam Electric
)
( Application. for Station, Units 1 and 2)
)
O p e r a t i n g L i c e n s e.s ). _,...._
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing document in the above-captioned matter was served upon the following persons by hand-delivery,* overnight delivery,** or by deposit in the United States mail,*** first class, postage prepaid, this 15th day of November, 1984:
i
- Peter B.
Bloch, Esq.
- Chairman, Atomic Sa fety and Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.
S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
'20555
- Mr. William L.
Clements
- Dr.
Walter H. Jordan Docketing & Services Branch 881 West Guter Drive U.
S.
Nuclear Regulatory Oak Ridge, Tennessee 37830 Commission Washington, D.C.
20555
- Herbert Grossman, Esq.
U.
S.
Nuclear Regulatory
- Stuart A.
Treby, Esq.
Commission Office of the Executive Washington, D.C.
20555 Legal Director U.
S.
Nuclear Regulatory
- Mr. John Collins Commission l
Regional Administrator 773 5 Old Georgetown Road Region IV Room 10117 U.S.
Nuclear Regulatory Bethesda, MD 20814 Commission 611 Ryan Plaza Drive
- Chairman, Atomic Safety and Suite 1000 Licensing Board Panel Arlington, Texas 76011 U.S.
Nuclear 7gulatory Commission Washington, D.C.
20555
s 4 ***Renea Hicks, Esq.
- Anthony Z. Roisman, Esq.
Assistant Attorney General Executive Director Environmental Protection Trial Lawyers for Public Justice Division 2000 P.
- Street, N.W.
P.O.
Box 12548 Suite 611 Capitol Station Washington, D.
C.
- Ellen Ginsberg, Esq.
- Juanita Ellis Atomic Safety and Licensing President Board Panel CASE U.
S.
Nuclear Regulatory 1426 S.
Polk Street Commission Dallas, TX 75224 Washington, D.
C.
20555 McNeill Watkins II cc:
Homer C. Schmidt John W.
Beck Robert Wooldridge, Esq.
2 l
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