ML20083M281

Joint Request for Commission to Direct Certification of Matters Addressed in Joint Objections to Memorandum & Order Scheduling Hearing on Util Supplemental Motion for Low Power OL If ASLB Fails to Vacate Memorandum & Order

ML20083M281
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/16/1984
From:	Brown H, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY
To:
Shared Package
ML20083M285	List: ML20083M281 ML20083M287
References
OL-4, NUDOCS 8404170548
Download: ML20083M281 (2)

Text

{{#Wiki_filter:. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9j-{E[CED Before the Commission

                                                   '84 Am 16 PS:09
                                     )             / L vF SECntiM ,

In the Matter of ) ~N NhCh.

                                     )

LONG ISLAND LIGHTING COMPANY )

                                     )   Docket No. 50-322-OL-4 (Shoreham Nuclear Power Station      )          (Low Power)

Unit 1) )

                                     ).                       '
                                     )

JOINT REQUEST OF SUFFOLK COUNTY AND NEW YORK STATE FOR COMMISSION TO DIRECT CERTIFICATION OF MATTERS ADDRESSED IN THE " JOINT OBJECTIONS OF SUFFOLK COUNTY AND THE STATE OF NEW YORK TO MEMORANDUM AND ORDER SCHEDULING HEARING ON LILCO'S SUPPLEMENTAL MOTION FOR LOW POWER OPERATING LICENSE," IF LICENSING BOARD FAILS TO VACATE SUCH MEMORANDUM AND ORDER PROMPTLY Attached herewith are copies of the " Joint objections of Suffolk County and the State of New York to Memorandum and Order Scheduling Hearing on LILCO's Supplemental Motion for Low Power Operating License." The Licensing Board's Order was issued on April 6, 1984, and the Joint Objections are being filed with the Board today. The County and the State hereby jointly request that if the Licensing Board does not forthwith vacate its Order, as they have requested, the Commission should immediately direct certification of the matter and render a prompt decision in accordance with the County's and State's objections. See Part IV of the Joint Objections. We emphasize that time is of the essence. Under the arbitrary and prejudicial schedule 8404170548 840416 PDR ADOCK 05000322 G) O PDR

set by the Licensing Board, the hearing on LILCO's unprecedented low power proposal commences on April 24. Commission action as quickly as possible is clearly in the public interest. The Joint Objections demonstrate that the Licensing Board's Order violates NRC regulations and deprives the County and t.he State of due process of law. These significant issues are appropriate for the Commission's immediate attention. Finally, the County wishes to emphasize that there is a pending request of the Suffolk County Executive, Peter F. Cohalan, that the present Licensing Board with jurisdiction over LILCO's low power license request b'e promptly disestablished by the Commission and a further Commission order be issued to assure no further Licensing Board violations of due process of law. Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, ew York 1.88 s-

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R6rbert H. Brown Lawrence Coe Lanpher. Alan Roy Dynner KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 At A ne s for Suffo County c j Fa'bian G. Palomino Special Counsel to the Governor of New York State Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for MARIO M. CUOMO Dated: April 16, 1984 Governor of the State of New York

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