ML20083M127
| ML20083M127 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/13/1984 |
| From: | Freeman M ARNOLD & PORTER |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL-4, NUDOCS 8404170476 | |
| Download: ML20083M127 (5) | |
Text
._. _ _
1
, UNITED STATES OF AMERICA
.bs C NUCLEAR REGULATOP.1' COMMISSION ATOMIC SAFETY AND LICENSING BOipf gg 17 M1 :10 Before Administrative Judges Marshall E. Miller, Chairman
(.'.f{. fgc[} Chri.
I Glenn O. Bright s
Elizabeth B. Johnson BRANCH
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-4
)
(Low Power)
(Shoreham Nuclear Generating
)
Plan, Unit 1)
)
April 11, 1984
)
MOTION TO STAY HEARING ON SHOW CAUSE ORDER On April 13, 1984, in an Order signed by Marshall E. Miller, Administrative Judge and Chairman, Atomic Safety and Licensing Board, the Board ordered and directed Douglas J. Scheidt, Esq. to show cause why disciplinary action should not be imposed upon him on the grounds that in letters to other counsel and to the NRC staff, Mr.
Scheidt used the word " illegal" in ref' erring to an April 6, 1984 Memorandum and Order of ths Board establishing an ex-pedited schedule in Docket No. 50-322-01-4.
The Order states that:
" Baseless accusations by counsel of ' illegal' conduct to a Board should not be tolerated in open court, and are even more serious when they appear deliberately in two different pub-lished documents in this proceeding."
N O!
Dsn
l The Order refers to the power of an NRC Licensing Board to " reprimand, censure or suspend" from a proceed-l ing lawyers (among others) who are guilty of " disorderly, r
disruptive or contemptuous conduct."
The Board's unprecedented, unwarranted end illegal order threatens serious harm to the reputation and pro-fessional career of Mr. Scheidt.
Mr. Scheidt has there-fore retained personal counsel, Milton V. Freeman, Esq.,
to represent him in any proceedings or actions arising from the Board's Order.
On its face, the Board's Order is so clearly inappropriate that no show cause hearing i
is necessary or justified, and a Motion to Quash the order will shortly be filed by counsel for Mr. Scheidt.
l Ilowever, Mr. Freeman will be out of the city on Wednesday, April 18, 1984, the scheduled hearing date, and will be l
unavailable until Apell 25, 1984.
Accordingly, purnuant to 10 C.F.R. 5 2.713 (c) (2) of the Nuclear Regulatory Commission's Rules, a stay of the show cause hearing scheduled for Wednesday, April 18, 1984 is requested in order that Mr. Scheidt may be ade-quately represented by his counsel, Milton V. Freeman, l
Esq., and have an opportunity to file appropriate motions.
Respectfully submitted, 1
s M Min Ag Y' '4" s MLIton V.
Freeman ARNOLD & PORTER 1200 New Hampshire Avenue, N.W.
Washington, D.C.
20036 (202) 872-6896 i
Counsel for Douglas J. Scheidt Dated:
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Og, ggi CERTIFICATE OF SERVICE 14 AMt 17 41:10 Since the Board's Order of April 13, 1984 was apparontlyservoduponallpartiestothisproev,ed{pyjgerAgj Iherebycortifythatcopiesoftheattached"Motin^Io"g fitay llearing on Show Causo order" have also been served I
upon the following persons by deposit in the U.S. Mail, first class, postago propsid, this 16th day of April 1984, l
unloss service by other means is indicated:
l Dy lland DallvarY to:
At the following Addrase:
Judge Marshall E. Millor Atomic Safety and Licensing Board Chairman U.D. Nuclear Regulatory Commission Judge 01onn O. Bright 4350 East-West liighways 4th rioor Eleanor L. Prucci, Esq.
Dothesda, Maryland 20814 Dv Iland 0aliverY to Guy 11. Cunningham, III office of the Executivo Legal Director U.S. Nuclear Requlatory Commission 7735 Old Georgotown. load Ninth rioor Bethesda, Maryland DY U. fl. Mail tos Judga Elisabeth 8. Johnson Edward M. Barrett, Esquiro Oak Ridge Nat'l Laboratory Long Island Lighting Co.
l p.0. Hox X Huilding 3500 250 Old Country Road Oak Ridge, Tennessee 37830 Mineola, New York 11501 lionorable Peter Cohalan rabian Palomino, Esquire l
Duffolk County Executive Dpecial Counsel to the Governor County Executive /
Executive Chamber, Room 229 Legislative Muilding State Capitol Veteran's Memorial Highway Albany, New York 12224 llauppauge, New York 11788 e
o
. By U.S. Mail to:
Alan R. Dynner, Esq.
W.
Taylor Reveley, III, Esq.
Herbert H. Brown, Esq.
Anthony F.
Earley, Esq.
Lawrence Coe Lanpher, Esq.
Robert M.
Rolfe, Esq.
Kirkpatrick, Lockart, Hill, Hunton and Williams Christopher & Phillips 700 East Main Street 1900 M Street, N.W.
Richmond, Virginia 23212 Washington, D.C.
20036 Martin Bradley Ashare, Esq.
Jay Dunkleberger, Esq.
Suffolk County Attorney New York State Energy Off.
H. Lee Dennison Building Agency Building 2 Veterans Memorial Highway Empire State Plaza Hauppauge, New York 11788 Albany, New York 12223 Mr. Martin Suubert Mr. Brian McCaffrey
% Cong. Willaim Carney Long Island Lighting Company 1113 Longworth H.O.B.
175 East Old Country Road Washington, D.C. 20515 Hicksville, New York 11801 James Dougherty, Esquire Docketing & Service Branch (3) 3045 Porter Street, N.W.
Office of the Secretary Washington, D.C.
20008 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 However, since this matter is entirely collateral to Docket No. 50-322-OL-4 and personal to Douglas J. Scheidt, Esq. in future filings relating to it,.Mr. Scheidt intends only to serve those parties directly involved.
7 Bruce L. Montgomer
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