ML20028B312

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Advises That North Shore Committee Against Nuclear & Thermal Pollution Still Believes Procedures Ordered by ASLB Violate Substantive & Procedural Due Process.Committee Will Not Participate in Prehearing Exam of Phase I Contentions
ML20028B312
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 11/24/1982
From: Shapiro R
Cammer & Shapiro
To: Brenner L, Carpenter J, Morris P
Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8211300277
Download: ML20028B312 (2)


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cQShER 8 SHAPIRo, P. C.

ATTORNEYS AT LAW

,2]9 EAST 40m STREET

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-.: -?SijfdItCE ids U M CB November 24, 1982 Lawrence Brenner, Esq.

Dr. Peter A. Morris Dr. James H. Carpenter Administrative Judges Atomic Safety-and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Re: Shoreham Nuclear Power Station, Unit 1, Docket No. 50-322-OL

Dear Sirs:

We refer to the Board's November 19th order establishing the procedures for prehearing examination of Phase I contentions and to the Board's request, relayed by Mr. McMurray, to inquire if NSC will comply.

A careful reading of the opinion which accompanied the order has not changed my previously expressed view that the procedures thus ordered by the Board are egregious violations of substantive and procedural due process norms. Convinced that the Board's rationalization for conducting an illegal " absentee" hearing does not meet constitutional standards, NSC will decline to participate further in this phase of the hearings. It does so with full awareness of the sanctions for such refusal stated in the order.

The Board's offer to have the Commission pay for a trans-cript does not cure this defect.

~e For the record, I understand that the Board expressed dis-satisfaction with my absence from the hearing on November 23. I point out that the hearing was originally scheduled in Washington, D.C. for November 22. With difficulty, I made myself available

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8211300277 821124~

DR ADOCK 05000322 PDR

r, CAMMER 8 SHAPIRO, P. C.

Lawrence Brenner, Esq.

Dr. Peter A. Morris Dr. James H.. Carpenter Page Two November 24, 1982 for that date. The Board's shift to November 23, a date unavailable to me for sometime, made it impossible for me to attend the hearing. The fact that I finally concluded that it would be unnecessary for me to attend the November 22 hearing does not alter my original availability on that date.

Very truly yours, Ralph apir RS:jgb cc: Service List 9

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