GROUPS SETTLE IN WESTINGHOUSE CASE

[Matt Freedman <freedman@Citizen.ORG>]

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  For more information on defective Westinghouse steam generators and the 
  lawsuits filed by utilities, read the executive summary of a 1994 
  report by Public Citizen's Critical Mass Energy Project titled 
  "Westinghouse: Leaks and Lawsuits".  To see the summary, go to 
  http://www.essential.org/CMEP and view the publications list in the 
  nuclear safety section.
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  FOR IMMEDIATE RELEASE:  Friday, January 25, 1996           
  
  FOR MORE INFORMATION CONTACT:  Michael McCauley, TLPJ, 202-797-8600
  			       Lucinda Sikes, Public Citizen, 202-588-1000
  			       Alan Nogee, UCS, 617-547-5552 
   
  PUBLIC INTEREST GROUPS REACH SETTLEMENT TO UNSEAL 
  COURT DOCUMENTS ON NUCLEAR GENERATOR SAFETY 
   
  Key Documents Alleging That Westinghouse Knew its Steam Generators 
  Were Prone to Dangerous Corrosion and Cracking to be Made Public 
   
  Public Citizen, Trial Lawyers for Public Justice (TLPJ) and the Union of 
  Concerned Scientists announced today that they have reached settlements 
  with Westinghouse Electric Corporation and Duquesne Light Company to 
  unseal court documents about faulty nuclear reactor steam generators.  
  The settlements will make public for the first time documents that were 
  sealed during the litigation of Duquesne Light Company v. Westinghouse 
  Electric Corporation, a suit which alleged that Westinghouse knew, but
  intentionally concealed, that its steam generator tubing was susceptible 
  to corrosion and cracking.
   
  At the conclusion of the trial in Duquesne, the jury ruled in favor of 
  Westinghouse -- a judgment which was upheld on appeal.  The appellate 
  court did not reach the issue of whether the steam generators purchased 
  by the utility for its Beaver Valley Units 1 and 2 electric facility in 
  Shippingport, Pennsylvania were actually defective or whether 
  Westinghouse knew of its defects.
    
  "While Duquesne's allegations against Westinghouse did not prevail at 
  trial, some of the utility's key evidence was never introduced to the 
  jury," said Public Citizen staff attorney Lucinda Sikes.  "As a result of 
  this settlement, the public will finally have access to all of the 
  evidence Duquesne discovered to support its allegations of fraud
  and design defect."
   
  "For years, Westinghouse has sought to hide these potentially damaging 
  documents from public scrutiny," said TLPJ lead counsel Michael Louik of 
  Pittsburgh's Kapetan, Meyers, Rosen, Louik & Raizman.  "This settlement 
  unseals them and vindicates the public's right to know."  
   
  "Defective steam generators pose a financial risk to ratepayers and a 
  safety hazard to those living near nuclear reactors," said Alan Nogee, a 
  senior energy analyst with the Union of Concerned Scientists.  "Making 
  these documents public is critically important so that we can better 
  assess the true extent of these risks."  
   
  In September 1994, TLPJ and Public Citizen successfully intervened in 
  Duquesne on behalf of the Union of Concerned Scientists and Public 
  Citizen's Critical Mass Energy Project to unseal court records 
  concerning the generators' safety.  The case, which was then pending 
  before the U.S. District Court for the Western District of Pennsylvania, 
  had undergone comprehensive discovery and extensive briefing, but 
  many of the documents submitted to the court were placed under seal 
  pursuant to protective orders approved by the court.  At the time, 
  however, the court declined to rule on a motion filed by the groups to 
  unseal the documents, since the trial was pending.  
   
  At the conclusion of the trial, TLPJ and Public Citizen filed 
  supplemental motions with the District Court seeking to make public those 
  court documents that had not been unsealed during the trial.  Under the 
  terms of the settlement, the companies have agreed to unseal a number of 
  key documents, including the summary judgment materials, the parties' 
  pre-trial statements, and more than 400 exhibits that Duquesne
  had produced supporting its allegations against Westinghouse.  
   
  Over the last decade, safe energy advocates have sought to obtain 
  documents about the hazards posed by Westinghouse-produced steam 
  generators in nuclear reactors around the country.  Westinghouse, the 
  nation's preeminent manufacturer of nuclear power plants, has been sued 
  at least 14 times by utilities because of the allegedly defective 
  generators, but has successfully secured protective orders sealing court
  documents in each case.  Defective steam generators pose both a 
  financial and safety risk for consumers.  Replacement costs range from 
  $150 million to $200 million per reactor.  Operating a reactor with 
  degraded generator tubes increases the risk of a meltdown and 
  catastrophic release of radiation into the environment. 
   
  TLPJ's involvement in this case is part of Project ACCESS, its 
  nationwide campaign against unnecessary court secrecy.  Through Project 
  ACCESS, TLPJ helps victims oppose unduly restrictive protective orders, 
  intervenes in specific cases to fight for the public's right to know, and 
  educates citizens about the problems posed by litigation conducted in 
  secret.  TLPJ's Leslie Brueckner and Public Citizen's Colette Matzzie 
  assisted Sikes and Louik in successfully intervening in Duquesne to unseal
  the court documents.
  
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  organization founded by Ralph Nader in 1971.  Public Citizen does not 
  accept government or corporate funds. 
   
  Founded in 1982, Trial Lawyers for Public Justice is the only public 
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  and trial litigation.  Utilizing a network of more than 1,500 of the 
  nation's outstanding trial lawyers, TLPJ has a wide-ranging litigation 
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  rights, worker safety, civil rights and liberties, and access to the 
  courts.  
   
  The Union of Concerned Scientists is dedicated to advocating responsible
  public policy in areas where science and technology play a critical role. 
  Established in 1969, UCS has created a unique alliance between many of
  nation's leading scientists and thousands of committed citizens.  This
  partnership addresses the most serious environmental and security threats
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