ML20211F454
| ML20211F454 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/19/1987 |
| From: | Wooldridge R TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC), WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY |
| To: | Bloch P, Johnson E, Jordan W, Mccollom K Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2566 CPA, OL, NUDOCS 8702250099 | |
| Download: ML20211F454 (6) | |
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THOMAS r. LaLLAND Bj/
RosERT M. wsSE TIMOTHY A. MACM RosERT M. FILLMORE
- M. STEPHEN soto MARM R. WASEM CHRISTOPMER R. MILTENBERGER ROBERT P. OLIVER MARM SCMwART2 RsCHARD G. MOORE NANCYE L. SETMuREM CECEuA J..RuNEa February 19,1987 JOE A OAves ERIC M PETERSON WALT E R w. wMeTE Peter B. Bloch, Esquire Dr. Kenneth A. McCollom Chairman Administrative Judge Atomic Safety and Licensing Board 1107 West Knapp U.S. Nuclear Regulatory Commission Stillwater, Oklahoma 74075 Washington, D.C. 20555 Dr. Walter H. Jordan Elizabeth B. Johnson Administrative Judge Oak Ridge National Laboratory 881 West Outer Drive P. O. Box X, Building 3500 Oak Ridge, Tennessee 37830 Oak Ridge, Tennessee 37830 Re: Texas Utilities Electric Company, et al (Comanche Peak Steam ElectJLc Station, Units 1 & 2)
Docket Nos. 50-445, 50 446, and 50-445-CPA
Dear Administrative Judges:
The purpose of this letter is to report to the Board certain matters regarding i
the appearances of counselin the above referenced dockets.
The firm of Worsham, Forsythe, Sampels & Wooldridge has recently been disqualified from further representation of TU Electric in a proceeding in a Texas State Court brought by TU Electric against the other owners of Comanche Peak Steam Electric Station. A copy of the order y that Court, with which you will understand we respectfully disagree, is attached.
1 We provide this information because, in its Memorandum (Discovery of Tex-La Documents) dated November 28, 1986, this Board (while finding that this
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matter was not relevant to the matter then before it) expressed concern about such firm's involvement in the State Cou-t action.
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Administrative Judges February 19,1987 Page Two As you are undoubtedly aware, the firm of Ropes & Gray has been taking an increasingly greater share of primary responsibility for the conduct of these proceedings. Derefore, Ropes & Gray has, effective this date, been assigned lead responsibility for all licensing matters in the above referenced dockets.
We request that all communications from the Board, the NRC Staff, and the Intervenors relating to these dockets be directed to that firm at its Boston Office.
Since the Ropes & Gray firm has assumed lead responsibility in both dockets, the Bishop, Liberman, Cook, Purcell & Reynolds firm and Roy P. Lessy will no longer be appearing in these proceedings and have authorized me, by this letter, to withdraw their appearances.
Such firms will continue to provide counsel and advice to TU Electric on licensing matters.
As has previously been discussed before this Board, the undersigned law firm, the firm of Ropes & Gray, and all the other attorneys who have appeared in support of the licensing of CPSES have been retained by TU Electric pursuant to its rights and duties under the CPSES Joint Ownership Agreement to retain and direct such attorneys before the NRC in this licensing proceeding. Bis firm and its co-counsel.
have always taken and will continue to ta'<e their instructions in this matter from TU Electric as the Project Manager. Arguments and constructions which we may urge to the Board will be - as they have been in the past - those directed by TU Electric as Project Manager pursuant to its duties and responsibilities under the Joint Ownership Agreement. More specifically, the Ownership Agreement pro-vides, among other things, that:
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"... the Project Manager, as agent for the Parties, after giving due consideration to any recommendations and sug-gestions of the Owners Committee, and in accordance with the abovementioned standards and guidelines, shall have sole responsibility for, and is - fully authorized to act for the Parties with respect to, the licensing... of the Project..
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" (Emphasis added.)
This~ responsibility of TU Electric for the licensing of Comanche Peak is re-confirmed in Section 5.01 of the Joint Ownership Agreement:
"The Project Manager, acting as agent for the Parties, shall take whatever action is necessary or appropriate to seek and obtain all licenses, permits, and other rights and regulatory approvals necessary or appropriate to the con-struction and operation of the Project and to the use of the Fuel."
In order to further assure TU Electric's authority with respect to licensing and other matters, Section 11.02 of the Joint Ownership Agreement provides:
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Administrative Judges February 19,1987 Page Three "The Project Manager and the Parties will cooperate with each other in all activities in connection with the Project including, without limitation, the execution and filing of applications for authorization, permits, and licenses and the execution of such other documents as may be reasonably necessary to confirm the authority of the Project Manager to act for the Parties in connection with the Parties' inierests ige Project...." (Emphasis added.)
While neither this firm nor any of the other counsel who have appeared in support of the license application has or ever had any attorney / client relationship with any CPSES owner other than TU Electric, nor have they undertaken, or will they undertake, to provide legal advice or counsel the other joint owners as to any matter, they, of course, will do nothing to prevent the minority owners from bringing any matter to this Board's attention which they would be required to do by law or to prevent them from appearing specially at any time required to protect a purely individualinterest such as the assertion of a privilege running only to one of them individually.
Very t
- yours, Robert A. Wooldridg RAW /klw Enclosure cc:
Service List
e M/d000163 No. 86-6809 TEXAS UTILITIES ELECTRIC IN THE DISTRICT COURT
- COMPANY, Plaintiff, V.
DALLAS COUNTY, TEXAS TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC., TEXAS MUNICIPAL POWER AGENCY and BRAZOS ELECTRIC POWER COOPERATIVE, INC.,
Defendants.
A-14TH JUDICIAL DISTRICI ORDER BE IT REMEMBERED that on the 23rd day of January, 1987, came for hearing the Defendants' Motion to Disqualify the firm of Worsham, Forsythe, Sampels & Wooldridge as Attorneys for Plaintiff in this case, and having considered the evidence presented and the arguments of counsel, the Court is of the opinion that the motion should be sustained.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Defendants' Motion to Disqualify the firm of Worsham, Forsythe, Sampels & Wooldridge, as attorneys for Plaintif f in this case is sustained and the firm of Worsham, Forsythe, Sampels &
Wooldridge is hereby disqualified from representing Plaintiff 1 h
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/ John McClellan Marshall, ' udge J
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s ORDER - PAGE ONE o
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APPROVED:
FULBRIGHT & JAWORSKI l
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Blake Tartt 1301 McKinney Street Houston, Texas 77010 COUNSEL FOR TEXAS MUNICIPAL POWER AGENCY HERON, BURCHETTE, RUCKERT & ROTHWELL Q 'l William H. Burl 9tstte Suite 700 1025 Thomas Jefferson, N.W.
Washington, D.C.
20007 COUNSEL FOR TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC.
SPIEGEL & McDIARMID l
Robert A. /bblon 1350 New York Avenue, N.W.
Washington, D.C.
20005-4798 COUNSEL FOR BRAZOS ELECTRIC POWER COOPERATIVE, INC.
ORDER - PAGE TWO
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