ML20244D980

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Clarifies Position Re Notices of Intent to File Motion for Intervention & Substitution of Parties,Motion to Proceed as J Doe & Motion to Make Public Any Settlement Agreements Enacted by Parties in above-styled Case
ML20244D980
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 07/08/1988
From: Lisa Clark
GOVERNMENT ACCOUNTABILITY PROJECT
To: Bloch P
Atomic Safety and Licensing Board Panel
Shared Package
ML20244D911 List:
References
FOIA-89-52 CPA, OL, NUDOCS 8906200090
Download: ML20244D980 (2)


Text

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7VERNMENT ACCOUNTABILITY PROJECT h"

I E Street, N.W., Suite 700 (202) 347-0460 Wcshington, D.C. 20001 July 8, 1988 HAND-DEL _IVERED b"-

The Honorable Peter B. Bloch

' Atomic Safety and Licensing Board

[/t y, M Washington, D.C.

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[t/d,[E RE:

Docket No.'s 50-445-OL, 50-446-OL, 50-445-CPA.

Dear Judge Bloch:

Recently, on behalf of John Doe, Messrs. Michael D. Kohn and Stephen M. Kohn filed the following pleadings:

Notices of intent to file motions for intervention and 1.

for substitution of parties; 2.

A motion to proceed as John Doe; 3.

A motion to make public any settlement agreements enacted by the parties in the above-styled case.

the time of the filing of these pleadings both Michael At and Stephen Kohn were employed as attorneys for the Government Accountability Project (GAP).

However, Messrs. Michael and act with the authorization of GAP, nor did

/

Stephen Kohn did not they receive any approval express or implied to file pleadings in /

,/

this case.

After learning of the filing the GAP Executive Committee (comprised of other GAP attorneys) sought to investigate the actions of Messrs. Michael and Stephen Kohn.

As a consequence of this investigation the original pleadings filed on behalf of John Doe were withdrawn, and Messrs. Michael and Stephen Kohn were immediately suspended, then allowed to resign their positions as attorneys for GAP.

We believe that several statements made in the July 6th pleadings of John Doe must be corrected.

First, in his Motion to Make Public All Settlement Agreements Enacted by the Parties Mr.

Doe States as follows:

(the) Joint Stipulation.

. filed by the parties [ CASE and i

Texas Utilities Electric Co., et al.]

. was never reviewed, approved or authorized by [ GAP)

. despite the signature of Ms. Billie P. Garde.

and despite I

references to GAP within the document icitation omitted).

5 8906200090 890622 h

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PDR FOIA COLAPINTB9-52 PDR e

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The Honorable Peter Bloch I

.k July 8,;1988 Page Two is simply incorrect. As the lead attorney for l

This statement Ms. Gards was authorized to GAP in its representation of CASE, the interests of CASE l

make any decision necessary to protect While consistent with the Cede of Professional Responsibility.

prior review of the terms of the settlement by other GAPrequired.

it was not attorneys would have been preferred, Second, on page two of the same motion Mr. Doe alleges that

. have resulted in the transfer of large

" secret agreements. to CASE and/or individuals associated with sums of money.

CASE."

And he further alleges that representatives of CASE have boasted the amount of money allegedly offered in the settlement of this matter.

This statement is pure speculation.

The financial terms of the settlement are confidential and will remain confidential until the parties agree to disclose thisThe sug information.

windfall in order to settle this matter is simply false.

Third, Mr. Doe alleges that he was offerred a " substantial sum of money in order to forego his rights to raise his No individual contentions."

Again this is a misstatement.

associated with the settlement of this matter has been asked to To forego their right to raise any safety issue with the NRC.

the contrary, both CASE and GAP intend to see to it that all safety related concerns are addressed to the satisfaction of any alleger.

We regret any inconvenience caused by the actions of Messrs.

We hope Michael and Stephen Kohn while they were members of GAP.

this letter has clarified our position in this matter.

that Sincer ly, e

uis Clark Executive Director LC:225aa04 cc: service list via regular mail

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