ML20150E206

Clarifies Relevant Issues Raised in LC Clark Re Recent Filings by J Doe.W/Supporting Info & Certificate of Svc

ML20150E206
Person / Time
Site:	Comanche Peak
Issue date:	07/10/1988
From:	Kohn M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Bloch P Atomic Safety and Licensing Board Panel
References
CON-#388-6704 CPA, OL, NUDOCS 8807150031
Download: ML20150E206 (9)

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- Kohn and Associates 526 U Street, N.W.

• Wuhington, D C. 20001 202 234

• 4663 July 10, 1988 E O l3 2302 Hon. Peter B. Bloch -

Atomic Safety and Licensing Board Washington, D.C. 20535 Re: Docket Mos. 50-445-OL, 50-446-OL and 50-445-CPA

Dear Judge Bloch:

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We are writing in regards to the July 9, 1988 letter from -

Mr. Louis C. Clark to you concerning recent filings by John Doe.

For your information we had not received a copy of this letter until today, but first learned of its existence on July 8, 1988 when it was read to Mr. Stephen M. Kohn by members of the local Texas news media.

Although we do not have the time at this point to clarify all of the inaccuracies contained in Mr. Clark's letter, we must straighten out a number of key points.

Eirst, Mr. Clark states that our ple.ading, entitled Motion to Make Public All Settlement Agreements Enacted by the Parties, contained inaccuracies. In particular, Mr. Clark claimed the following paragraph was "simply incorrect":

Upon information and belief, the proposed settlement agreement or "Joint Stipulation," filed by the parties on or about July 1, 1988, was never reviewed, approved or authorized by the Government Accountability Project...

The facts speak for themselves. GAP's day to day management is governed by an "Executive Committee" (EC). The EC speaks for and governs GAP's daily operations. This Committee operates by consensus decision-making process. Subject to plenary powers of the Board of Directors, GAP, as a corporate entity, operates according to the directions of the EC.

On July 1, 1988 the EC consisted of six members: Louis Clark, Thomas Devine, Thomas Carpenter, Michael Kohn and Stephen Kohn. In addition, Richard Condit served as the elected "staff representat'.ve" to the EC with essentially identical powers to the other EC rembers. Judge Joseph Kennedy served as an ex officio membi.r Of the Committee. Billie P. Garde's status as a member ot GAP is presently controverted, but GAP corporate records establish the following: (1) In or about January 1988 Garde was allowed to take a private, for profiv docket, without the control or supervision of GAP. What cases Garde considered to be her private docket was never clarified. (2) That on June 1, 1988 MJ. Gaide was terminated from the EC and that dcy constituted her last day of full-time employment for GAP. (3) 8807150031 880710 5 x ADOCK 0500,0 PDR o

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That between January and June, 1988 detailed negotiations were ongoing concerning the ratification of a contract between GAP and Garde regarding compensation for work to be done during the Comanche Peak licensing proceedings. During these negotiations, the EC as a whola, was lead to believe that the licensing proceeding would continue long into the furture.

At no time was Ms. Garde ever authorized to contractually bind JAP. Of course, CASE could authorize Ms.. Garde to contractually bind CASE, but Garde's signature on the "Joint Stipulation" did not act to bind GAP as a corporate entity to the agreement.

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On July 1, 1988 the Executive Directc of GAP informed the below signed counsel that settlement had been reached at Comanche Peak. This statement was shocking and totally unforseen. Nothing concerning the details, or the fact that settlement was imminent or expected, was discussed at EC meetings. Obviously, the EC could not approve a settlement that it did not even know existed prior to its public release.

, On July 6, 1988, prior to his resignation, Stephen Kohn I called a member of GAP's Baord of Directors, Margorie Barnard, and informed her of the controversy brewing over the Comanche Peak settlement. Ms. Barnard responded by asking: "What settlement?" Ms. Barnard confirmed our knowledge that the Board did not consent to or agree to be bound in any way by the settlement agreement. Furthermore, the Loard of Directors met on June 30, 1988 with Mr. Clark but were not informed of the fact that Settlement of the Comanche Peak licensing hearings had occurred even though Ms. Garde had already signed the agreement.

Individuals from GAP may have mislead Texas Utilites, inadvertently or otherwise, into tninking that GAP as an l

organization had approved the settlement, but this in fact never occurred. In fact the ramifications of this settlement on l (- 2anche Peak whistleblowers represented by the undersigned was l never even taken into consideration during tha settlement negotiations, even though one of these persons is apparently named in one of the secret settlements.

l l Thus, it is clear that GAP as an orgainzation did not know of, review, approve, or autnorize the settlement.

! Second, Mr. Clark's letter alleges that the following statement contained in the John Doe pleading was a "misstatement": that John Doe was offerred a "substantial sum of l money in order to forego his rights to raisa is contentions."

The facts b' hind this incident will once again speak for i

themselves. At approximately 7:20 p.m. on. July 5, 1988 Michael l Kohn received a call from Ms. Garde. Ms. Garde informed Michael l .Kohn that a certain whistleblower whom Michael Kohn represented l had received a settlement offer in a significant dollar amount.

This settlement was predicated upon the whistleblower's agreement to acquiesce in the dissolution of this Board. In short, if the l

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whistleblower wanted to testify about his concerns before this Board then the whistleblower would not be eligible to participate in the settlement. Michael Kohn was told by Ms. Garde that the whistleblower had 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in which to accept the settlement.

Michael Kohn expeditiously contacted this whistleblower and informed him as to the exact amount of the settlement offer and the restriction that acceptance would place on his ability to air his concerns before this Board. The whistleblower refused the settlement offer as relayed by Garde. Ms. Garde's offer was deemed not to be in good feith because-of its nebulous terms, the failure of Texas Utilities o communicate directly to the client through counsel, the failure of either the utility or Ms. Garde -

to provide the client with a copy of the settlement agreement or provide him with any written settlement agreement (s), the failure to provide the client with an opportunity to negotiate the material or financial terms of a settlement, and due to Ms. Garde's notification to the client through Michael Kohn of the ASLB contingency outlined above, among other improprieties surrounding the settlement offer. The client requested Michael Kohn to pursue good faith settlement (such negotiations are still ongoing), and to preserve his rights to testify about his safety-related concerns before this Board. The John Dee filings were subsequently filed at the request of this client.

Third, Mr. Clark's letter makes a number of inferences relating to Michael and Stephen Kohn's employment relationship at GAP. Although we object to these disparaging characterizations, we will not address these because our employee-employer relationship is beyond the jurisdiction of this Board.

Fourth, Mr. Clark states that the original John Doe pleadings were withdrawn due to some form of investigation of the GAP EC. This is a simple falsehood. Attorneys for John Doe vouluntarily filed the July 6, 1988 Motion for Permission to Withdraw Pleadings Without Prejudice and With Leave to File Substitute Pleadings Pithin Forty-Eight Hours merely as a matter of professional courtesy to their former colleagues at GAP who requested the re-filing because GAP had already notified parties to the proceeding that such a pleading was or had been filed.

We hope that this letter clarifies the relevant issues raised in the Clark letter, but we stand readily available to provide this Board with further information regarding any of the other accusations.

Respectfull ,

s f Micha 1 D. Kohn Stephen M. Kohn sm

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CERTIFICATE OF-SERVICE

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I HEREBY CERTIFY that copies of the foregoing document was hand-delivered to Administrative Law Judge Petcr B. B och, 4350

-Eastwest Highway, 4th Floor, Bethesda,-MD, on the // day of July, 1988; and by first class mail, postage prepaid, except wh re * ,

denotes that service was accomplished by hand, on the // day'of l July, 1988 to the following parties:

Office of the Secretary  ;;'

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Attention: Docketing & Service Branch , _.

U S. Nuclear Regulatory Commission p Washington, D.C. 20555 -

(3 copies) LJ m

Chairman ASLB Panel cn U.S. Nuclear Regulatory Commission M b)

Washington, D.C. 20555 (4 copies)

Dr. Walter H. Jordan 881 W. Outer Drive Oak Ri8ge, TN_ 37830 Dr. Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74075 i

i ALJ Elizabeth B. Johnson i

Oak Ridge National Labratory P.O. Box X, Building 3500 Gak Ridge, TN 37830 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 Mail Stop 15B18 Washington, D.C. 20555 Jack R. Newman, Esq.

George Edgar, Esq.

Newman & Holtzinger 1615 L Street, N . W . ,- Suite 1000 Washington, D.C. 20036

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-Robert A. Woolridr. 3, Esq.

Worsham, Forsythe,-Samples.& Woolridge 2001 Bryan Tower, Suite 3200 Dallas, TX 75201

-Mr. William G. Counsil Texas Utilitias Electric Co~.,

Skyway Tower 400 North Olive Street, L.B. 81 o 9allas, TX 75201

-Ms. Billie Pirner Garde GAP-Midwest Office -

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104 E. Wisconsin - B Appleton, WI-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

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By: .

David K/ Colapin g O

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John Doe c/o Kohn & Associates 526 U St., NW Washington, D.C. 20001  !

eTuly 10, 1988 Chairman l Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Chairman:

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I am writing to inform you of the Nuclear Regulatory Commission's-(NRC) complete and total failure to properly investigate serious safety concerns I have attempted to bring to your agency's attention since February, 1985.

To this day I have'not located a single representative of the NRC honest enough to investigate my safety concerns related to the construction of the Comanche Peak nuclear power facility.

These concerns include chargen of falsflying documents, falsifying engineering calculations, knowingly failing to perform necessary engineering calculations, perjury by Texas Utilities attorneys, managers and executives, and last, the NRC's own deception that it would investigate the harasment and intimidation I have suffered at the hands of Texas Utilities and its agents.

Please be advised that to this date the NRC has not investigated my concerns as they inter-relate but rather has chosen to review my allegations in a piece-meal fashion or not investigate them at all.

It is my duty as an engineer and citizen of this country to do everything in my power to force the NRC to properly and completely investigate the life-threatening safety flaws I witneesed while empl'oyed at the Comanche Peak site.

It is my belief that given the methodology employed by Comanche Peak managers and engineers that the standard review process employed by the NRC cannot adequately locate or correct

! safety flaws incorporated into the design and conctruction of the I Comanche Peak nuclear power facility. As an engineer in the nuclear industry for over 18 years, the design and methods used by openly corrupt, dishonest and incompetent managers, who are still employed on site to this day, has resulted in croating a l completely unsafe nuclear facility with a great potential of l

killing or injuring millions of people if the plant is ever granted an cperating license by the NRC using standard NRC Staff procedures, i

l The only reason I can phathom thy, to this date, certain I

managers and engineers still employed on site by Texas j Utilities have not been criminally indicted for their knowing and l

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Page 2 Letter to NRC

-July 10, 1988 deliberate misstatements, perjured testimony and deceitful enginaering practices is because the NRC has abandoned the.

mission Congress and the.American people bestowed upon it.

Should disaster ever befall the Comanche Peak facility after being granted an operating license, I hereby place the Chairman of the NRC-and the citizens of Texas on notice that the NRC is to

. blame. ~.

Last, in order to forestall disaster, I hereby formally request that the NRC call me as a witness before the Atomic safety and Licensing Board and prior to my testimony, present me with all the information I need to fully explain my concerns and the staff needed to compile my allegations in a meaningful' manner.

Respectfully yours, Name to be provided to NRC i

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e CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing document was hand-delivered to Administr.:tive Law Judge Peter B. Bloch, 4350 Eastwest Highway, 4th Floor, Bethesda, MD, on the // f4 day of July, 1988; and by first class mail, postage prepaid, except where

• denotes that service was accomplished by hand, on the // /Aday of July, 1988 to the following parties:

Office of the Secretary Attention: Docketing & Service Branch _.

U.S. Nuclear Regulatory Comr.iusion Washington, D.C. 20555 (3 copies)

Chairman ASLB Panel EU.S. Nuclear Regulatory Commission Washington, D.C. 20555 (4 copies)

Dr. Walter H. Jordan 881 W. Outer Drive Oak Ri8ge TN 37830 Dr. Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74075 ALJ Elizabeth B. Johnson Oak Ridge National Labratory P.O. Box X, Building 3500 Oak Ridge, TN 37830 i

Janice Moore, Esq.

l Office of General Counsel U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C. 20555 Mr. Victor Stello U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C. 20555 Jack R. Newman, Esq.

George Edgar, Esq.

l Newman & Holtzinger

! 1615 L Street, N.W.. Suite 1000 l Washington, D.C. 20036 l

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LRobert A. Woolridge, Esq.-

Worsham, Forsythe, Samples & Woolridge 2001 Bryan Tower, Suite 3200 Dallas,, TX 75201-Mr. William G. Counsil Texas Utilities Electric Co.,

Skyway Tower 400 North Olive Street, L.B.-81 Dallas, TX 75201 Ms. Billie Pirner Garde GAP-Midwest Office _

104 E. Wisconsin - B Appleton, WI-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 m -

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By: VMA-9 . /3 David K.lCdlapigte;;??'

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