ML20150D576
| ML20150D576 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/07/1988 |
| From: | Colapinto D, Kohn M, Kohn S AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20150D512 | List: |
| References | |
| CPA, OL, NUDOCS 8807140054 | |
| Download: ML20150D576 (9) | |
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<p(.fg.'C UNITED STATES OF AMERICA D
NUCLEAR REGULATORY COMMISSION d
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
)
In the Matter of,
)
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Docket Nos. 50-445-OL TEXAS UTILITIES ELECTRIC
)
50-446-OL COMPANY, et al.,
)
(Application for an
)'
Operating License)
),
(Comanche Peak Steam Electric
)
Docket No. 50-445 CPA Station, Units 1 and 2)
)
(Construction Permit
)
Amendment)
)
i MOTION TO MAKE PUBLIC ALL SETTLEMENT AGREEMENTS ENACTED BY THE PARTIES Comes now petitioner John Doe, through counsel, who hereby moves this Honorable Court to make public all settlement agreements enacted by the parties in the above-captioned proceeding.
In support of his motion, petitioner sets forth the following reasons:
1.
Upon information and belief, the proposed settlement agreement or "Joint Stipulation," filed by the parties I
l on or about July 1, 1988, was never re>iewed, approved or l
authorized by the Government Accountability Project (hereinafter, 1
L "GAP") despite the signature of Ms. Billie Pirner Garde, an f
attorney compensated by GAP, and despir'. references to GAP within lll the document.
See, Joint Stipulatior, at 9.
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2.
Upon information and brillef, there exists l'
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a'dditional secret settlement agreements or other agreements between the parties in the above-captioned proceeding which have not been filed with the Court and, upon information and belief, will not be filed with the Court.
These secret agreements apparently have resulted in the transfer of large sums of money, possibly amounting in the millions of dollars, from the utility, Texas Utilities Electric Company (hereinafter, "TUEC"), and/or its' representatives to the intervenor, Citizens Association for Sound Energy (hereinafter, "CASE"), and individuals associated with CASE.-
Upon information and belief, representatives of CASE
,.have boasted that there are "pots of money" available, and have also stated that "there are not enough banks in Dallas" in which to deposit the money tendered by TUEC in settlement of these licensing proceedings.
3.
Upon information and belief, a secret settlement agreement was entered into affecting the rights and status of current and former whistleblowers at the Comanche Peak Steam Electric Station (hereinafter, "CPSES"), including petitioner.
l 4.
Upon information and belief, a secret agreement was entered into which directly concerns petitioner's allegations of safety problems at CPSES, petitioner's ongoing case before the U.S. Department of Labor, and which concerns, directly or indirectly, petitioner's allegations of perjury against the I
present management team at CPSES.
5.
Upon information and belief, a secret agreement concerning petitioner was reached without the knowledge or consent of petitioner between the parties to the "Joint l L
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s Stipulation"'in which petitioner would be offered a substantial sum of money in order to forego his ri'ghts to raise his contentions and/or appear as a witness before this tribunal.
Prior'to the entering of the "Joint Stipulation" petitioner was J
listedias a witness for CASE and ha'd raised substantial i
allegations to the NRC staff aoout the safety of CPSES.
WHEREFORE, petiti$nerherebyrequests:
(1)- That the pending public settlement agreement or "Joint Stipulation," submitted on or about July 1, 1988, n'ot be
, approved; r
(2)
That all other agreements or collateral agreements between CASE and the utility TUEC -- or between other parties to the settlement -- be made public and that copies be provided to petitioner; and (3)
That petitioner be granted thirty days to review all settlement agreements -- secret or otherwise -- and that petitioner then be permitted to be heard in opposition thereto.
Respectfully submitted, kr Wh-MICHAEL D.
KOHN STEPHEN M.
KOHN DAVID K. COLAPINTO l
526 U Street, N.W.
I Washington, D.C.
20001 (202) 234-4663 Attorneys for Petitioner July 7,1988 1
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i UNITED STATES OF AMERICA e
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of,
)
)
Docket Nos. 50-445-OL TEXAS UTILITIES ELECTRIC
)
50-446-OL COMPANY, et al.,
)
(Application for an
)
Operating License)
)
(Comanche Peak Steam Electric
)
Docket No. 50-445 CPA Station, Units 1 and 2)
)
(Construction Permit 1
)
Amendment)
)
9EQE3 UPON CONSIDERATION of petitioner John Doe's. motion to make public all settlement agreements enacted by the parties, all i
papers in opposition thereto, and it appearing to the Court that the motion should be granted, it is this day of 1988; ORDERED that petitioner's motion be, and it hereby is, GRANTED; and IT IS FURTHER ORDERED that the pending "Joint Stipulation" of the parties dated July 1, 1988 is hereby denied; and IT IS FURTHER ORDERED that all other agreements related
'directly or indirectly to the "Joint Stipulation", whether they be collateral, confidential, secret or otherwise, be submitted upon'the public record of this proceeding and be provided to petitioner John Doe; and i
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IT IS FURTHER ORDERED that these proceedings be, and hereby_are, stayed for thirty days from this date so that petitioner John Doe be granted such time to review all documents or records released to him, through counsel, pursuant.to this g
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Order; and IT IS FURTHER ORDERED that petitioner be, and it hereby is, granted leave to file a motion to intervene in_these proceedings.
(
Administrative Law Judge 6
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[S UNITED STATES OF AMERICA s
Step.f;lfpen NUCLEAR REGULATORY COMMISSION t7gr 16 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of,
)
)
Docket Nos. 50-445-OL-TEXAS UTILITIES ELECTRIC
)
50-446-OL COMPANY, et al.,
)
(Application for an
)
Operating License)
)
(Comanche Peak Steam Electric
)
Docket No. 50-445 CPA Station, Units 1 and 2)
)
(Construction Permit
)'
Amendment)
)
NOTICE OF APPEARANCE The undersigned counsel respectfully file this notice of appearance in the above-captioned matter on behalf of petitioner John Doe.
Michael D.
Kohn, is an attorney licensed to practice law in the state of New Jersey and was a member of the Execut; Committee of the Government Accountability Project (hereinafter, l
"GAP") until July 6, 1988.
Stephen M.
Kohn is an attorney licensed to practice law in the District of Columbia and was the Director of Corporate Litigation for the GAP and a member of the 1
1 GAP Executive Committee until July 6, 1988.
David K. Colapinto l
l is an attorney _ licensed to practice law in the state of Pennsylvania.
The above-mentioned attorneys appear in this proceeding as private counsel for John Doe, and l
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are not acting as representatives of th'e Government Accountability Project.
Respectfully /b submitted,
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MICHAEL D KOHN STEPHEN M. KOHN DAVID K. COLAPINTO 526 U Street, N.W.
Washington, D.C.
20001 (202) 234-4663 Attorneys for Petitioner July
, 1988 1
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2 UUL I1 1988w,-
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6' CERTIFICATE OF SERVICE St I-HEREBY-CERTIFY that copies of the forego 1 were hand-delivered to Administrative Law Judge Peter B.
- Bloch, 4350 Eastwest Highway, 4th Floor, Bethesda, MD, on this day.
of July, 1988; and by first class mail, postage prepaid, except where b
- denotes service was accomplished by hand-delivery, on this day of July, 1988.to the following parties:
Office of the Secretary Attention: Docketing & Service Branch U.S. Nuclear Regulatory Commission Washington, D.C.
20555 (3 Copies)
Chairman, ASLB Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 (4 Copies)
- Janice Moore, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C.
20555
- Mr. Victor Stello U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Jack R.
Newman, Esq.
- George Edgar, Esq.
Newman & Holtzinger 1615 L Street, N.W., Suite 1000 Washington, D.C.
20036 Robert A. Woolridge, Esq.
Worsham, Forsythe, Samples
& Woolridge 2001 Bryan Tower, Suite 3200 Dallas, TX 75201
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Mr. William G. Counsil Texas Utilities Electric Co.
Skyway Tower 400 North. Olive St.,
L.B.
81 Dallas,'TX 75201 Judge Elizabeth B. Johnson Oak Ridge National Laboratory P.O.
Box X, Building 3500 Oak Ridge, TN 37830 Dr. Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74076 Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, TN 37830 Ms. Billie Pirner Garde GAP-Miduest Office 104 E. Wisconsin - B Appleton, Wisconsin.54911
- Anthony Roisman, Esq.
1401 New York Ave.,
N.W.,
Suite 600 Washington, D.C.
20005 Mrs. Juanita Ellis 1426 S.
Polk Dallas, TX 75224 L
By:
h David K.,Colapint I
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