ML022490208
| ML022490208 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar, Sequoyah  |
| Issue date: | 08/29/2002 |
| From: | Thar A Winston & Strawn |
| To: | Szabo J NRC/OGC |
| Byrdsong A T | |
| References | |
| +adjud/ruledam200506, 50-327-OLA, 50-328-OLA, 50-390-OLA, ASLBP 02-796-01-OLA, RAS 4813 | |
| Download: ML022490208 (5) | |
Text
A5s q-g93 WINSTON & STRAWN 43 RUE DU RHONE 35 WEST WACKER DRIVE 21 AVENUE VICTOR HUGO CHICAGO, ILLNOIS 60601-9703 75116 PARIS, FRANCE 1204 GENEVA, SWITZERLAND 38TH FLOOR 1400 L STREET, NW 333 SOUTH GRAND AVENUE (312) 558-5600 WASHINGTON, D C 20005-3502 LOS ANGELES, CALIFORNIA 90071-1543 FACSIMILE (312) 658-5700 200 PARK AVENUE NEW YORK. NEW YORK 10166-4193 DOCKETED www wInston corn USNRC ANNE E. THAR (312) 558-7910 September 4, 2002 (5:03PM))
atharOwinston corn August 29, 2002 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Mr. John Szabo, Esquire United States Nuclear Regulatory Commission Mail Stop 15 D21 Washington, D.C. 20555-0001 Re: Martin J. O'Neill Docket Nos. 50-327-OLA, 50-328-OLA, 50-390-OLA
Dear Mr. Szabo:
I am the Conflicts Partner of Winston & Strawn and am writing this letter concerning Mr. Martin J. O'Neill, a staff attorney with the United States Nuclear Regulatory Commission (the "NRC") since September, 2000.
Mr. O'Neill will join the Washington, D.C. office of Winston & Strawn as an associate on September 3, 2002. Mr. O'Neill has advised Winston & Strawn that while working at the NRC, he performed work on behalf of the NRC Staff on a matter involving our client, Tennessee Valley Authority ("TVA"). The proceeding involves applications to the NRC for license amendments to authorize TVA to produce tritium at the Watts Bar and Sequoyah Nuclear Plants on behalf of the Department of Energy. Winston & Strawn partner David A. Repka leads a team representing TVA (the "W&S Client") in the NRC proceeding (the "Screened Matter").
In accordance with Rule 1.11 of the District of Columbia Rules of Professional Conduct, Winston & Strawn has established an ethical screen to ensure that Mr. O'Neill will be screened from participating in or discussing the Screened Matter with any Winston & Strawn personnel. All attorneys and personnel of the firm have been advised that:
(1) No attorney or other person who has worked, is working or hereafter begins working on behalf of the W&S Client on the Screened Matter will discuss with or reveal to Mr. O'Neill, any confidences, secrets or other material proprietary information relating to such representation.
(2) Mr. O'Neill will not become involved in the representation of the W&S Client on the Screened Matter.
"-1 mpIo,-se SEC '(W-OQ
WINSTON & STRAWN August 29, 2002 Page 2 (3) Mr. O'Neill will not discuss the Screened Matter with (A) any Winston & Strawn personnel, (B) any party, agent, officer or employee of the W&S Client or (C) any identified witness for or against the W&S Client on the Screened Matter.
(4) All files and documents relating to the representation of the W&S Client on the Screened Matter have been or will be retained by attorneys representing the W&S Client on the Screened Matter and may not be examined by Mr. O'Neill. All others in Winston & Strawn may examine these files and documents only on a need-to-know basis. Mr. O'Neill will not bring with him to Winston & Strawn any documents or legal memoranda, including in electronic form, relating to the Screened Matter.
A copy of my memorandum to firm personnel establishing the above procedures is enclosed.
As specified in Rule 1.11 of the District of Columbia Rules of Professional Conduct, Mr. O'Neill will not be apportioned any specific share of the fees derived from Winston
& Strawn's representation of the W&S Client on the Screened Matter.
Should you have any questions or comments in this regard, please call me. Thank you.
Sincerely, Anne E. Thar cc: Monica L. David Martin J. ONeill Attached Service List
SERVICE LIST Thomas S. Moore, Chair Dr. Peter S. Lam Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 (e-mail: tsm2@nrc.gov) (e-mail: psl@nrc.gov)
Dr. Thomas S. Elleman Office of the Secretary Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission 704 Davidson Street Washington, DC 20555 Raleigh, NC 27609 Attn: Rulemakings and Adjudications Staff (e-mail: elleman@eos.ncsu.edu) (original + two copies)
(e-mail: HEARINGDOCKET@nrc.gov)
Office of Commission Appellate Adjudicatory File Adjudication Atomic Safety and Licensing Board Panel U.S-. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Steven R. Hom Jared K. Heck Office of the General Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (e-mail: srh@nrc.gov) (e-mail: jkh3@nrc.gov)
Donald J. Moniak Ann Pickel Harris, Director
- Blue Ridge Environmental Defense League We The People, Inc.
P.O. Box 3487 341 Swing Loop Road Aiken, SC 29802 Rockwood, TN 37854 (e-mail: donmoniak@earthlink.net)
Jeannine Honicker 704 Camellia Drive LaGrange, GA 30240 (e-mail: djhonicker@msn.com)
MEMORANDUM To: All Attorneys and Personnel, All Offices From: Anne E. Thar Date: August 27, 2002 Re: D.C. Associate Martin O'Neill, Matter Involving the United States Nuclear Regulatory Commission and Representation of Tennessee Valley Authority Martin O'Neill, formerly an attorney with the United States Nuclear Regulatory Commission ("NRC"), will be joining the Washington, D.C. office of Winston & Strawn as an associate on September 3, 2002.
Winston & Strawn currently represents the Tennessee Valley Authority ("TVA") in connection with a proceeding before the NRC involving applications to the NRC for license amendments to authorize TVA to produce tritium at the Watts Bar and Sequoyah Nuclear Plants on behalf of the Department of Energy.
David A. Repka leads a team representing TVA (the "W&S Client")
in the NRC proceeding. While employed by the NRC, Mr. O'Neill performed work on behalf of the NRC in this proceeding. This proceeding will be referred to hereafter as the "Screened Matter."
Winston & Strawn has determined that: (a) our relationship with and representation of the W&S Client on the Screened Matter will not be adversely affected by Mr. O'Neill's joining Winston & Strawn; and (b) we can exercise independent professional judgment on behalf of and represent zealously the interests of the W&S Client on the Screened Matter despite Mr.
O'Neill's joining Winston & Strawn.
Nonetheless, in order to protect the independence and confidentiality of our work on behalf of the W&S Client on the Screened Matter and the prior work of Mr. O'Neill and his former employer, the following procedures will be observed until further notice:
(1) No attorney or other person who has worked, is working or hereafter begins working on behalf of the W&S Client on the Screened Matter will discuss with or reveal to Mr. O'Neill, any confidences, secrets or other material proprietary information relating to such representation.
All Attorneys and Personnel, All Offices August 27, 2002 Page 2 (2) Mr. O'Neill will not become involved in the representation of the W&S Client on the Screened Matter.
(3) Mr. O'Neill will not discuss the Screened Matter with (A) any Winston & Strawn personnel, (B) any party, agent, officer or employee of the W&S Client or (C) any identified witness for or against the W&S Client on the Screened Matter.
(4) All files and documents relating to the representation of the W&S Client on the Screened Matter have been or will be retained by attorneys representing the W&S Client on the Screened Matter and may not be examined by Mr. O'Neill. All others in Winston & Strawn may examine these files and documents only on a need-to know basis. Mr. O'Neill will not bring with him to Winston & Strawn any documents or legal memoranda, including in electronic form, relating to the Screened Matter.
Finally, this memorandum confirms that no exchanges of confidential information have taken place in connection with the preparation of this memorandum or otherwise.
CHI:1065992.1