ML20210C863

Ack Receipt of to ASLB Responding to Chairman Bloch Inquiry as to Atty for Util.Forwards T Dignan Implying That Dignan Not Serving as Atty in Proceeding. Clarification Requested.Related Correspondence

ML20210C863
Person / Time
Site:	Comanche Peak
Issue date:	09/16/1986
From:	Burchette W, Roth A, Tartt B BRAZOS ELECTRIC POWER COOPERATIVE, INC., FULBRIGHT & JAWORSKI, HERON, BURCHETTE, RUCKERT & ROTHWELL, SPIEGEL & MCDIARMID, TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC. (FORMERLY, TEXAS MUNICIPAL POWER AGENCY
To:	Wooldridge R WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY
References
CON-#386-721 OL, NUDOCS 8609180447
Download: ML20210C863 (3)

Text

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I Ssptstbar 16, 1986 dAAMN 00LKETED Via Pfdstal Express Robert A. Wooldridge, Esq.

Worsham, Forsythe, Sampels & Wooldridge 2001 Bryan Tower 16 SD) 17 P2 31 Suite 3200 4

Dallas, Texas 75201 0FFICE M si s.so A.a 1 00CKETihG A SFRilCf.

l Re: efRg -

Texas Utilities (Comanche Electric Peak SteamCompany, Electric StatIon,g[.y Units 1 & 2) Docket Nos. 50-445 and 50-446 Dear Bobs We are in receipt of your August 28, 1986 letter to

! the Administrative Judges, in which, in response to Chairman l Bloch's inquiry, you state that you and the other attorneys involved in the Comanche Peak licensing proceeding before the j NRC appear in the proceeding on behalf of all Applicants. ,

i Recently, in discussions with us on several different occasions, you and your partner, Merlyn Sampels, stated that you and your firm are not appearing as attorneys for Tex-La '

Electric Cooperative of Texas, Inc. (" Tex-La"), Texas Municipal Power Agency ("TMPA"), and Brazos Electric Power Cooperative, Inc. ("Brazos") before the NRC in the various Comanche Peak

, proceedings, with all of the duties, obligations and

responsibilities inherent in such attorney-client relationship. In addition, we enclose a copy of an August 26,

!' 1986, letter from Thomas Dignan, at Ropes & Gray, to William Vernon, at Fulbright & Jaworski, in which Mr. Dignan implies that neither he nor his firm serves as attorney in the NRC j proceedings for any of the joint owners of Comanche Peak other i than TUEC.

i 4 We view the foregoing statements as clearly i inconsistent, and, based thereon, Tex-La, TMPA and Brazos are not sure whether the law firms mentioned in your August 28 letter as " appearing on behalf of all Applicants" are still attorneys for all of the Applicants in the NRC licensing proceedings. Obviously, Tex-La, TMPA, and Brazos, as joint owners of Comanche Peak, must have legal representation before 1 the NRC by lawyers who are representing their interests in an attorney-client relationship, with all of the duties and

obligations inherent in such relationship. We had assumed that

such legal representation was being provided by the attorneys j set forth in your letter of August 28. However, given the conflicts between your letter to the Administrative Judges and l your statements to us, as well as Mr. Dignan's letter to i Mr. Vernon, it is not clear whether those firms are still  ;

, appearing as attorneys for Tex-La, TMPA and Brazos in the j various NRC proceedings.

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Rob 0rt A. W oldridgo, Esq. '

September 16, 1986 i

Page 2 i l

It is of great importance and urgency to Tex-La, TMPA and Brazos that they have proper legal representation by ,-

, lawyers who are representing their interests before the NRC with all of the duties, obligations and responsibilities inherent in an attorney-client relationship. To that end, we request that you please clarify, for the benefit of Tex-La, -

TMPA and Brazos, whether the law firms in question are still i appearing as the lawyers for each of the joint owners before the NRC in the various Comanche Peak proceedings and are representing the interest of all .such joint owners.

Sincerely, Nw 0N 7

William H. Burchette Heron, Burchette, Ruckert &

' Rothwell 1025, Thomas Jefferson St., N.W. '

Suite 700 Washington, D.C. 20007 l (202) 337-7700 4 Attorney for Tex-La Electric

, Cooperative of Texas, Inc.

i j Blake Tartt h

Fulbright & Jaworski -

1301 McKinney Street Houston, Texas 77010 (713) 651-5151 Attorney for Texas Municipal Power Agency Alan J. Roth (ly Stl Spiegel & McDiarmid

1350 New York Avenue, N.W.

Suite 1100 Washington, D.C. 20005 (202) 879-4000 Attorney for Brazos Electric Power Cooperative, Inc.

Enclosure l cc with Enclosurer Service List i

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Fulbright & Jaworski -

1301 McKinney Street Houston, Texas 77010 Re: . Texas Utilities Electric Company, et al (Comanche Peak Steam Electric Station Units 1 and 2) '

NRC Docket Nos. 50-445-OL and 50-446-OL

Dear Bill:

This will reispond to yours of August 22, 1986. As I advised you on the telephone today, we have obtained an extension as you requested in your letter. I have no way of explaining why the Motion, which is the subject of your letter, was not received P Mr. Tartt. We have been assured by our mail people that a cop-was sent out by express carrier, and confirmation was receive that delivery was made as I understand it. In_any event, you.

letter does point up,the need for better communigation concerning these matters, and we certainly will endeavor to see to it that that is the case.

I also feel constrained to take issue with your reference to me as "our attorney", the possessive presumably referrine to TMPA. Neither myself nor Ropes & Gray is an attorney fo: TMPA, or any other minority owner of Comanche Peak, except ir.a far as we are counsel in the NRC proceeding wherein, pursuant to the Joint Ownership Agreement, we take our direction and instructions solely from, and provide our legal advtce solely to, TUEC.

Very truly yours, Thomas G. Dignan, Jr.

TCD, JR/jc cc: William H. Burchette, Esq.

Ben Finkelstein, Esq.

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