ML20115G446

Responds to 850409 Allegations Re FOIA Request to Selective Svc Sys.Nothing Illegal,Unethical or Unprofessional About FOIA Inquiry.Info Will Not Be Used to Harm Recipient. Related Correspondence

ML20115G446
Person / Time
Site:	South Texas
Issue date:	04/17/1985
From:	Newman J NEWMAN & HOLTZINGER
To:	Sinkin L SINKIN, L.A.
References
CON-#285-608 OL, NUDOCS 8504220203
Download: ML20115G446 (3)

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ROGERT LOwENSTEIN OF COwss E Mr. Lanny Alan Sinkin 3022 Porter Street, N.W. 4304 Washington, D.C. 20008

Dear Mr. Sinkin:

I had hoped that our prior correspondence regarding the Freedom of Information Act (FOIA) request to the

(, Selective Service System had put this matter to rest.

However, in order to ensure that no misunderstanding about this matter exists among those participating in the South Texas Project licensing proceeding, I feel that I l should respond to the allegations contained in your April 9, l 1985 letter.

l As to the reason for the request, there is an adage --

applicable to the world of litigation as well as other human endeavors -- that one should try to "know one's opponent".

As you know, the late Sixties and early Seventies was a period during which there was a lot of antiwar activism and unrest in the United States. We felt that the information that was publicly available from the Selective Service might provide some insights concerning the origins of your opposition to the South Texas Project and perhaps your credibility as l well. If you recall, on June 18, 1980, you were deposed in connection with the South Texas-Project proceeding. The transcript of that deposition indicates that you were some-what vague about your activities and whereabouts during this period.

As to the actual filing of the request by Mr. Yenouskas, l

you surely must know that law firms (and others) routinely l file FOZA requests to obtain information which might or might n'ot turn out to be useful. Law firms frequently make 8504220203 850417 gDR ADOCK 05000498 PDR O h

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Mr. Lanny Alan Sinkin April 17, 1985 Page Two such requests through their employees or other intermediaries in order to attempt to protect the identity of their clients and avoid misunderstandings.and unnecessary publicity --

none of which.we appear to have accomplished in this instance.

In any event, there is certainly nothing illegal, unethical or unprofessional about either making'an FOIA inquiry of the type here involved or doing so.in a manner which attempts to protect the identity of the interested client or law firm.

We have found nothing in the D.C. Code of Professional Responsibility, the ABA Model Rules of Professional Responsi-bility or in any interpretative opinions under the Code or the Model Rules which suggests otherwise.

I am sorry that you feel as strongly as you apparently do about this incident. I can assure you that we never intended to utilize the publicly available information provided in response to this FOIA request in any unethical or unprofessional manner which would harm you personally or professionally. I can also assure you that neither this firm nor Houston Lighting & Power Company has any intention of doing so in the future.

Sincerely yours, lab mn ck R. Ne an cc: Service List-l l

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e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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HOUSTON LIGHTING AND ) Docket Nos. 50-498 OL POWER COMPANY, ET AL. -) 50-499 OL (South Texas Project, )

Units 1 and 2) )

Service List Gary J. Edles, Esquire Thomas S. Moore, Esquire Chairman, ASLAB Administrative Judge j U.S. Nuclear Regulatory Comm. U. S. N. R. C. -

Washington, D.C. 20555 Washington, D.C. 20555

'? Dr. W. Reed Johnson Joseph Yenouskas

Administrative Judge Newman and Holt:inger, PC i U. S. Nuclear Regulatory Comm. 1615 L St., N.W.

Washington, D.C. 20555 Washington, D.C. 20036 Charles Bechhoefer, Esquire Brian Berwick, Esquire Chairman Asst. Atty. Gen.

Atomic Safety and Licensing Board State of Texas U.S. Nuclear Regulatory Commission Environmtl. Protection Washington, D.C. 20555 P. O. Box 12548, Capitol Sta.

Austin, Texas 78711 Dr. James C. Lamb, III

( Administrative Judge Oreste Russ Pirfo, Esquire 313 Woodhaven Road Office of the Exec. Leg. Dir.

Chapel Hill, North Carolina 27514 U.S. Nuclear Regulatory Comm.

j Washington, D.C. 20555 i

Ernest E. Hill Administrative Judge Jack R. Newman, Esquire Hill Associates 1615 L Street NW, Suite 1000 210 Montego Drive Washington, D.C. 20036 Danville, California 94526 l Melbert Ichwar=, Esquire i

Bakt? a*,; Botts Mrs. Peggy Buchorn 3000 Joe Shell Plaza 3 Executive Director, C.E.U. Houston, Texas 77002 Route 1, Box 1684 Bra:oria, Texas 77422 Atomic Safety and Licensing Bd.

U.S. Nuclear Regulatory Comm.

William S. Jordan, III, Esq. Washington, D.C. 20555 Harmon, Weiss & Jordan 2001 S Street, N.W., Suite 430 Atomic Safety and Licensing Washington, D.C. 20009

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Appeal Board

- U.S. Nuclear Regulatory Comm.

l Pat' Coy Washington, D.C. 20555 l 5106 Casa Oro l San Antonio, Texas 78233 Docketing and Service Section Office of the Secretary Ray Goldstein U.S. Nuclear Regulatory Comm.

807 Brazos Washingtopt D.C. 20555 Austin, Texas 78701-2553