ML20137X463

Affidavit of MW Maupin Re Arrangements for Payment of Svcs on Behalf of Miller & Relationship W/Miller & Util

ML20137X463
Person / Time
Site:	Three Mile Island
Issue date:	03/03/1986
From:	Maupin M GENERAL PUBLIC UTILITIES CORP., HUNTON & WILLIAMS
To:
Shared Package
ML20137X460	List: ML20137X455 ML20137X463
References
LRP, NUDOCS 8603060267
Download: ML20137X463 (9)

Text

_- --

00CNETED USi4RC March 3, 1986

'86 MAR -5 N0 :47 rr- -

UNITED STATES OF AMERICA Off!"ETith 00CII 7. ~a ,

NUCLEAR REGULATORY COMMISSION BRANCH Before the Presiding Board In the Matter of )

)

INQUIRY INTO THREE MILE ) Docket No. LRP ISLAND UNIT 2 LEAK RATE )

DATA FALSIFICATION )

AFFIDAVIT OF MICHAEL W. MAUFIN I am counsel for Gary P. Miller in this proceeding.

The purpose of this Affidavit is to describe the arrange-ments by which I am paid for my services in behalf of Mr.

Miller and to describe my relationship with Mr. c?ller and his employer in light of the requirements of Rule

1. 8 ( f) of the Model Rules of Professional Conduct (1984).

I was asked in October 1980 by the General Counsel of General Public Utilities Corporation if I would be willing to represent Gary P. Miller in connection with investigEtions NRC was then conducting into the accident that occurred at the Three Mile Island Nuclear Station on March 28, 1979. I met with Mr. Miller on October 29, 1980. During that meeting we discussed the fact that.if 4

e

he should retain me, my fees for services to him would likely be paid by his employer, Metropolitan Edison Com-pany. We discussed at that meeting a letter of indemnifi-cation addressed to him by Metropolitan Edison Company.

This letter described the basis on which the Company would advance expenses to Mr. Miller and advised him that he was free to retain counsel'other than me and my firm.

I also made clear to him that he was under no obligation to retain me. I told him that if he were to retain me my sole professional obligation in connection with Three Mile Island matters would be to him.

Based on our discussion on that day, Mr. Miller retained me, and an attorney-client relationship was established. My representation of Mr. Miller was promptly extended to include matters arising out of the "Hartman allegations" about leak rate test practices at Three Mile Island Unit 2.

After the October 29, 1980 meeting, I wrote Metro-politan Edison a letter, with a copy to Mr. Miller, set-ting out certain understandings. Among other things, I stated that we had been retained by Mr. Miller, the let~

ter says "our client will be Mr. Miller and not Met Ed."

The letter also established a number of ground rules

j. ~3-i r

i k

4 designed to insure that Metropolitan Edison Company would

not impose obstacles to our representation of Mr. Miller.

i f For example, it provided'that the Company would not give l legal advice to Mr. Miller, would make documents avail-J l able to me, and would not take action adverse to Mr. Miller if he should invoke the privilege against self-incrimination (he never has) or decline to be inter-j viewed by the company. Over the years, my consistent

practice has been to address and mail'my bills for ser-l vices to Mr. Miller. As I understand it, he forwards f them to Metropolitan Edison Company, which sees that they J

are paid. Neither Metropolitan Edison Company nor any.

other entity interested in this proceeding has any

obligation to me with respect to my fee for services to' Mr. Miller.

! There are two relationships between my firm and

Metropolitan Edison Company and its affiliates that the Board should be advised of. First, my law firm, Hunton &

Williams, represents the Utility Air Regulatory Group (UARG). This is a large group of electric utilities that-l was formed years ago to ensure that implementation of l federal Clean Air legislation would not be excessively onerous to the industry. Pennsylvania Electric Company,

! l l

4 1

4 r ,,, , .- , . . , ,. ._o.--.w.. ,,,-,,,_,.% ,.,w -c, ,,---.w. ...,,,--.,..w . .

• --,,,w,,p , - . . , _ ,. . , -.7,,n , , vw,,c, v.-r,..-- , , - -

an affiliate of Metropolitan Edison Company, has bcnn a member of UARG since prior to October 29, 1980, when I

~,

undertook to represent Mr. Miller. My. firm also repre-sents the Utility Water Act Group (UWAG), which is a simi-lar utility group that deals with implementation of the federal Clean Water Act. Metropolitan Edison Company

joined UWAG in 1984. I do not do legal work for either UARG or UWAG, nor do I have any idea what role Pennsylvania Electric Company and Metropolitan Edison Company play in those Groups as a practical matter. I know of no connection between the efforts of UWAG and UARG, on the one hand, and TMI Unit 2 leak rate prac-tices, on the other.

I believe that upon undertaking to represent Mr. Miller, I told him generally that occasions might arise from time to time when my finn might represent one or more of the General Public Utilities family of com-

panies in matters unrelated to the TMI Unit 2 aftermath. ,

I believe that I did not, however, obtain his consent specifically to the two representations I have just dis-cussed. I have now discussed those two matters with him fully, and he has advised me that tr- has no objection to l

4

b my representing him while others in my firm represent UARG and UWAG as they are presently constituted.

There has never been any effort by Metropolitan Edison Company, GPU Nuclear or any other entity inter-ested in.the outcome of any proceeding involving Mr. Miller, to interfere with my exercise of professional judgment on behalf of Mr. Miller; nor have I ever con-veyed to these companies or entities any information that Mr. Miller has considered confidential.

To summarize, I am entirely satisfied that Mr. Miller has from the outset of our relationship under-stood and consented to the reimbursement arrangement described in this Affidavit, that I have exercised my best professional judgment throughout with only his interest in mind, and that I have breached no confidence of his. -

Respectfully submitted, Michael W. Maupin

O s

STATE OF VIRGINIA CITY OF RICHMOND Signed and sworn to before me by Michael W. Maupin on' this the 3rd day of March 1986 in the City of Richmond, Virginia.

By /1YJ/ m W1A49K./ ,

Notary Public My commission expires: A ~28- 8P ,

19__.

s b

00CMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6 MAR -5 #0:47 Before the Presiding Board 0FFICE OF EE .: . .

00CMETINU 4 SEP v'if.f In the Matter of BRANCF

)

)

INQUIRY INTO THREE MILE ) Docket No. LRP ISLAND UNIT 2 LEAK RATE )

FALSIFICATION )

CERTIFICATE OF SERVICE I certify that copies of Commants of Gary P. Miller on the Board's Questions and Concerns, dated March 3, 1986, were served upon the following persons by deposit in the U.S. Mail, first class, postage prepaid, today:

Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION: Chief, Docketing and Service Section Honorable James L. Kelly Atomic Safety and Licensing. Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Honorable Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 t

Honorable Jerry R. Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Jack R. Goldberg, Esquire Office of the Executive Legal Director U.S.. Nuclear Regulatory Commission Washington, D.C. 20555 Ernest L. Blake, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Harry H. Voigt, Esquire LeBoeuf, Lamb', Leiby & MacRae 1333 New Hampshire Avenue, N.W.

Suite 1100 Washington, D.C. 20036 Smith B. Gephart, Esquire Killian & Gephart 216-218 Pine Street Box 886 Harrisburg, PA 17108 James B. Burns, Esquire Isham, Lincoln & Beale

~

Three First National Plaza Suite 5200 Chicago, IL 60602 Ms. Marjorie M. Aamodt 200 North Church Street Parkesburg, PA 19365

t ,

Marvin I. Lewis 6504 Bradford Terrace Philadelphia, PA 19149 7W A he_

Michael W. Maupin ~

Counsel for Gary P. Miller Dated: March 3, 1986 4

t i

-)

l t

---

- ~ ,--+c- v-+--a g - ~

ne--- --,-->+-w--y,,--,,-~,mn--w e m,- r , , eg- ,,,y,.,- ym , , - wy ,--~-