ML20155A560

Advises That Lr Finkelstein,Former NRC Atty,Became Associate Atty in Firm of Newman & Holtzinger on 860407 & Will Be Screened from Participating in Proceeding.Certificate of Svc Encl.Related Correspondence

ML20155A560
Person / Time
Site:	Turkey Point
Issue date:	04/07/1986
From:	Reis H NEWMAN & HOLTZINGER
To:	Cole R, Lazo R, Luebke E Atomic Safety and Licensing Board Panel
References
CON-#286-684 OLA-2, NUDOCS 8604090072
Download: ML20155A560 (6)

Text

-

j .

HELATED CORRESPONUL!Wr.

NEWMAN & HoLrZINGER, P.C.

t 1665gg(@ N.W.

JACK R NEWMAN JOHN E. HOLT 21NGER, JR WASHINGb. .C. 20036 wiLUAM C. aAER. JR DOUGL AS L SERESTORD HAROLD F. RCl$

SARSARA A DUNCOMBE MAURICE AXELRAD 202- 55 g>6 J A DOURNeGHT,JR .m

• UL JANETE.8 ECRER PAUL H kECM ** Q MERLE W FALLON (EORGE L EDGAR STEVEN P FRANTZ DOROTHY P GAv ELTHLCEO. H. $ME A BRIAN R GISH DAVID G. POWELL q .-

J1LL E GRANT DOUGL AS G. GREEN RAROL LYN NEwMAN LI- 7T1hhh PAMELA A L ACEY AU$ON LaMASTER JOMNT STOUGH,JR JAMES B VASILE

@fali('t rRANK R UNDH REVIN J LIPSON MeCHAEL A. SAUSER DAVID 8 RASKIN ALVIN M. GUTTERMAN JANEI.RYAN REVtN P. GALLEN DONALD J, StLVERMAN TMOMAS A SCHMUTZ MICHAEL F. HEALY JACOLYN A. SIMMONS ROBERT H. SOLOMON ROSERTI wHtTE SCOTT A HARMAN JOSEPH E. STUBBS ROBERT LOWENSTEIN NORMAN A FLANINGAM OF CouesHL Dr. Robert M. Lazo, Chairman Dr. Richard F. Cole Administrative Judge Administrative Judge j Atomic Safety and Licensing Board Atomic Safety and j U.S. Nuclear Regulatory Commission Licensing Board l Washington, D.C. 20555 U.S. Nuclear Regulatory l' Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke Administrative Judge Atomic bafety and Licensing Board j U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

In the Matter of I FLORIDA POWER AND LIGHT COMPANY (Turkey Point Plant, Unit Nos. 3 and 4)

Docket Nos. 50-250, 50-251 OLA-2

Dear Administrative Judges:

The purpose of this letter is to advise the Board, the parties to this proceeding and, by service of copies of this letter upon its Secretary, the Nuclear Regulatory Commission, that Ms. Lois R. Pinkels*ein, a former Staff Attorney at the Nuclear Regulatory Commission, became an associate attorney in the firm of Newman f. doltzinger, P.C. ("the firm") today.

We have been informed by Ms. Finkelstein that, during her employment as a Staff Attorney at the Nuclear Regulatory Commission, she assisted in the preparation of affidavits in connection with Staff's response to the Licensee's Motion  !

for Summary Disposition. She filed a notice of appearance l

in the proceeding on February 18, 1986. Accordingly, the firm is treating Ms. Finkelstein as having been " personally 0604090072 860407 PDR ADOCK 05000250 0 PDR Tss .

Nm Ax & 8ctTz1NGE=. P. C.

and substantially" involved in this proceeding within the meaning of DR 9-101 and DR 9-102, Disciplinary Rules of the District of Columbia Bar, copies of which are attached hereto.

In pertinent part, DR 9-102(C) provides that (C) When any of counsel lawyer, partner or associate of a lawyer personally disquali-fled under DR 9-101(B) accepts employment in connection with the matter giving rise to the personal disqualification, or when the fact and subject matter of such employment are otherwise disclosed  ;

on the public record, whichever occurs  !

later, the following notifications shall be required: (1) The personally disquali-fled lawyer shall file with the public department or agency and serve on each other party to any pertinent proceeding a signed document attesting that during the period of his or her disqualification the personally disqualified lawyer will not participate in any manner in the matter or the representation, will not discuss the matter or the representation with any partner, associate, or of counsel lawyer, and will not share in any fees for the matter or the representation.

(2) At least one affiliated lawyer shall file with the same department or agency and serve on the same parties a signed document attesting that all affiliated .

lawyers are aware of the requirement that the personally disqualified lawyer be screened from participating in or discussing the matter or the representa-tion and describing the procedures being-taken to screen the personally disquali-fled lawyer.

Pursuant to the requirements of JR 9-102(C)(1), set forth above, and, as an " affiliated lawyer" within the meaning of that rule, I hereby attest that Ms. Finkelstein will not participate in any manner in this proceeding while employed

NzwwAx & fictrzzwoz:2. P. C.

by the firm and will not discuss the proceeding with any other attorneys at the firm nor share in any fees paid to the firm in connection with its representation of Florida Power & Light Co. in the proceeding. Pursuant to DR 9-102(C)(1),

Ms. Finkelstein has also prepared a letter, which is being served together with this letter, so notifying the Board, the parties to this proceeding and the Nuclear Regulatory Commission.

I hereby confirm that, in accordance with DR 9-102(C)(2),

all attorneys affiliated with the firm (i.e., all shareholders, associates, and of counsel attorney) are being made aware of the fact that Ms. Finkelstein is being screened from parti- ,

cipating in this proceeding or discussing this proceeding with anyone else at the firm. A memorandum has been distri-buted to all personnel, including attorneys and staff working on this proceeding, directing them that they must not discuss this proceeding with Ms. Finkelstein and must ensure that no documents relating to this case are made available to her. There has been attached to the firm files which contain material relating to this proceeding a prominent notice stat-ing that Ms. Finkelstein may not participate in this proceed-ing or have access to any of the material relating to this l proceeding. l Respectfully submitted, l H a r o l d 'F . Reis' Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 (202) 955-6600 Attachment

ATTACHMENT 1

THE DISTRICT OF COLUMBIA BAR DISCIPLINARY RULES DR 9101 Avelding Impropriet) of the Appearance of lepropriet).*

(A) A len)er shall not state or imply then be er she b oble to lefleesce iso-propert), or apos grosses irrelevent to e proper determinaties on the merits, so) tribonel,legisleuve bod) er legislator, or public official.

(B) A lawyer shall not et en) time eccept prie nte employ ment le coemee.

eloe with as) matter le ehkb he or she participated personell) and sebstentiell) es a public officer er employet, ehkh locludes acting en the merits of a matter la e Jedicial cepetit).

DR 9-102 leapeted Disquellfketles of Porteers, Associates, and Of Counsellawyers.

(A) If a lawyer is regelred to decline or to withdrew from eseployment ender DR 9-101(B), on seconst of personal and substantial participe, tion la e metter other then es a les clerk, so partner er sesociate of test Ism)er, or len)er with me of comesel relationship to that lawyer, ,

me) accept er costione such emplo) ment escept es provided le (B) and (Q belos.

(B) The prohibitlos sieled la DR 9-102(A)sheB sot oppl) If the perseesti) disqualified lewyer is screened from so) form of participation le the matter of representation as the case me) be, and frose eherlag la esy fees resalting therefrom.

(C) Wbem say of coessellewyer, perteer er associate of a iswyer person-eII) disqualified ender DR 9101(B) aceepts emplosseest is coseec-tion with the metter girl' eg rise to the personal disquellficetles, or l when the fact sad subject matter of such employeneet are otherwise l disclosed on the public record, whkbever occurs later, the feBowleg l sotifications shall be regelred: (1) The persomeU) disquellfled iswyer shall fue with the public department or egency med serve es each other l party to so) pertiment proceedlag a signed document ettestieg that durleg the period of his or her disqualification the personally diageali-fled lemper will not pertktpete la es) meneer la the matter er the representation, will not discons the matter or ik representellee with <

en) partner, essoclete, or of counsellen}er, med will set share la eny . .

fees for the metter er the representation. (2) At least one etnlieted temper shall file with the serne department er egency and serve en the some parties e signed document sitesting theI all offilleled lewyers are somre of the regelressent that the personell) disquellfied lawyer be screened from pertidpating le or discusslag the matter er the repre-erotetlos and describlog the peacedern heleg takes to screes the per.

semell) disquellfled lewyer.

(D) Signed documents filed perseest to DR 910NQ sheII be peblic en-cept to the esteet that e iswyer embeelt' leg a signed document ebens that disclosere is loconsisteet with Ceaos 4 or provistoes of low.

(D When the fact and eebject metter of a etiest's employmeet of so) of roussel lawyer, perteer er easedete of e iswyer perseesll) dingsell.

fled ender DR 9101(B) has been otherwhe disclosed to the peblic department er egency but not to the general pebik, the signed dece.

meets reqeired by DR S.10MQ shen be filed eely with the public departseest er egency to which such disclosere has been made end shall not be served es eey other person. 5o long as disclosure has set been otherwise seede es the public record, the public departseest er egency sDell keep the signed documents esafidential.

~

t UNITED STATES OF AMERICA

. NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of ) Docket Nos. 50-250 OLA-2 FLORIDA POWER & LIGHT COMPANY ) 50-251 OLA-2

)

(Turkey Point Nuclear Generating )

Units 3 & 4) ) (Spent Fuel Pool Expansion) (

) l l

CERTIFICATE OF SERVICE ,

l I hereby certify that copies of the attached letters to the members of the Licensing Board dated April 7, 1986, from Harold F. Reis, together with attachment thereto, and Lois R. Finkelstein in the above-captioned proceeding were served on the following by deposit in the United States mail, first class, properly stamped and addressed, on the date shown below.

Dr. Robert M. Lazo, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke

Atomic Safety and Licensing Board Pane]

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commisnion Washington, D.C. 20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section (original plus two copies)

2 Joette Lorion, Director Center for Nuclear Responsibility .

7210 Red Road #208 Miami, FL 33143 Mitzi A. Young, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Norman A. Coll, Esq.

Steel Hector & Davis 4000 Southeast Financial Center Miami, Florida 33131-2398

!Yl1NYf

• l Harold F. Reis l Newman & Holtzinger, P.C.

1615 L St., N.W.

Washington, D.C. 20036 (202) 955-6600 Dated: April 7, 1986 l

l t