ML20084A318

Protests ASLB Imposition of 17-day Schedule for Retention of Witnesses,For All Discovery & for Preparation of Trial Testimony.Schedule Manifestly Unreasonable & Should Be Vacated.Related Correspondence

ML20084A318
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/23/1984
From:	Grafman S KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Plaine H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
OL-4, NUDOCS 8404240504
Download: ML20084A318 (2)

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BY HAND April 23, 1984 Sghn . --

Hertzel Plaine, Esq.

General Counsel United States Nuclear o"" " ' g , m.. ,, n gg L. t/

' ' " ' d' ' h, ,-) W Regulatory Commission ','4, 1717 H Street, N.W. MM# ' '

Room 1035 -

Washington, D.C.

Dear Mr. Plaine This will confirm out telephone conversations of Saturday and Sunday, April 71 and 22. In those conversations I informed you that our client, Suffolk County, together with the state of New York, intends to file an action in Federal District Court in Washington this morning, .MonJay, April 23, seeking a tempo-rary restaining order and a preliufnary injunction to stop the l'PC's Atomic Safety and Licensing Board f rom beginning a hear-ing on the motion of the !,ong Island Lighting Company to obtain a low power operating ^ license for the Shoreham Nuclear Power Station. The action would be based upon the fact that the Licensing Board's schedule for the hearing precludes Suffolk County and the State from preparing for and meaningfully participating in the hearing,.and thus deprives the County and State of due process of law. ,

You confirmed during our Sunday discussion, that several of the Commissioners last Friday evening had individually discussed over the telephone the matters raised by suf folk County in the Joint Request of Soffolk County and New York State, filed with the Commission on' April 16, and that a meeting of the Commission is scheduled for 10:00 a.m. this morning to discuss thosi, matters. ,You advised that, although you do not know What action, J/ arty, the Commission might take on Monday, it would be wise for the County to take this meeting into consideration in the context of the timing of the filing '

of the complaint in Federal District Court.

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3, KIRKPATRICK, LocKHART, llId.L, CHRISTOPHEn & PHII. LINS ~

In light of this information, Suffolk County'ahd New York State will delay filing the Complaint until 12:00 noon today,-

or such earlier time as we are informed of any decision by the Commission that do'es not provide for satisfactory relief from the Licensing Board's denial of due process. I would"appreci-ate your telephoning me promptly to report any. Commission deci-sion which it believeh might be appropriate tofconvey. If we have not heard from you by' noon, we will be required to commence the action so that the court will have, time to review our pleadings and rule thereon before the scheduled start of the hearing tomorrow.

I do want to epphasize the seriousness of this matter.

The 17 day schedule imposed by the Licensing Board for reten-tion of witnesses, for all discovery, for preparation of test.i-mony, and for trial-preparation is manifestly unreasonable.

This schedule, coupled with Chairman Palladino's intervention with both the Staff (EDO) and the ASLB (Judge Cotter), leads sto the inescapable conclusion that the Commission has permitted extraneous influences to taint the hearing processi I further refer you to the request of'suffolk. County Executive Peter J.

Cohalan, dated April 11, 1984 in't'his regard.

.. .s We urge that the Licensing Boar 6's order.be vacated and that fair and' reasonable procudures which include full opportu-nity for discovery and trial preparation be ordered in accor-dance with the due process needs of Suffolk' County and the State of New York.

SVery truly yours, TW

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Ste n W. Graf 'n .

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h cc: Donald F. Irwin, Esq. (by hand)

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