ML20084C887

Urges Prompt Commission Action on Suffolk County 840411 Request to Disestablish Board Convened to Hear Lilco Supplemental Motion for Low Power Ol.Listed Board Members Should Be Disqualified Due to Improper Personal Involvement

ML20084C887
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/27/1984
From:	Jones F SUFFOLK COUNTY, NY
To:	Gilinsky V, Palladino N, Roberts T NRC COMMISSION (OCM)
References
OL-4, NUDOCS 8405010018
Download: ML20084C887 (2)

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, *$f gpg pg ;}} OF7tCE DF THE COUNTY EXECLRIVE CFFn.E OL JFm *. Je 00CKETl W M Gy,t ** - BRANCH April 27, 1984 y. Nunzio J. palladino, Chairman g ,vr WYc,',h

• Commissioner victor Gilinsky Commissioner Thomas M. Roberts pc - '

Commissioner James K. Asselstine . Commissioner Frederick M. Bernthal . U.S. Nuclear Regulatory Commission . 1717 R Street, N.W. . Washington, D.C. 20555 . Dear Chairman and Commissionersa . On April 11, the Suffolk County Rsecutive wrote to the . Chairman requesting, ainong other things, that the Commis-sion promptly take action to disestablish the Licensing . Board convened to hear LILCO's Supplemental Motion for a low power license. The Chairman has not responded, and in the interim the United States District Court has acted a.t the request of Suffolk County and New York State to re-l strain the NRC from proceeding with the unconstitutional hearing schedule which that Licensing Board imposed. The County is again asking that the Commission immediately act to disestablish that Licensing Board or, if not, to give . clear reasons why the Commission believes in the preser.t circumstances it serves the public interest to have that Licensing Board continue to presidh. . Second, in view of the improper personal involvement of the Chairman and Judge Cotter that preceded the actions ~ of Judgee Miller, Bright, and Johnson, Suffolk County hereby requests that the Commissioners, other than the . l Chairman, promptly meet and vote to disqualify Chairman . ! Palladino, Judge Cotter, and Judges Miller, Bright, and . l Johnson from participating in any Shoreham-related matters. . 8405010018 840427 I GPDR ADOCK 05000322 PDR -.' e l l't .1"OT "" g3

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s c Page 2 , April 27, 1904 , In the alternative, we ask that each of such named individ- , uala voluntarily act to recuse himoelf or herself from such participation. As a follow-up to this request, on which the county urges prompt Commincion action, the County's counsel have been inntructed to serve on the named individ-uals additional formal papers. , Finally, the Commission's order of yesterday afternoon directed the County to appear before Judges Miller, Bright, and Johnson concerning the cotablishment of a new hearing schedule. It in entirely inappropriate for those Judges, who are Defendants in the District Court action and pre-nently under an order of restraint, to be involved in a , conference of the parties to resolve questions related to , that litigation. Accordingly, the County asks that you , delete from your order the direction that Judges Miller, Bright and Johnnon participate in a conference of the parties. Again, the County urges in the strongest possible terms that the Commission act promptly on the County Executive's written request of April 11 and the matters raised herein. On two occasione during the past week, the Cot.mienion has swiftly acted to meet and issue orders on , Shoreham-related matters. We ask for similar promptness , here. . Sincerely yours,

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P'r dnk R. Joned / . e D'puty County Executive ,

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! FRJ/tk , j ccr Judges, Cotter, Miller, , Bright and Johnson , Service List O e e 9 0

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