ML20084S356
| ML20084S356 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/21/1984 |
| From: | Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| OL-3, NUDOCS 8405240401 | |
| Download: ML20084S356 (5) | |
Text
., $t.
L/
y UNITED STATES OF AMERICA IEO gg NUCLEAR REGULATORY COMMISSION 4 MAY24 No:35 Before the Atomic Safety and Licensing Appeal Board brFICE 07 y....T9 00Cr;Eima jfu!;
us 3,9
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
}
PRELIMINARY SUFFOLK COUNTY RESPONSE TO FEMA'S NOTICE OF APPEAL AND REQUEST FOR A STAY OF AN ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD On May 18, 1984, during a conference call among the parties, the Atomic Safety and Licensing Board granted in large part Suffolk County's Motion to Compel Production of Documents Identi-fied by FEMA on May 14 and 15.
See Memorandum and Order Ruling On Suffolk County Motion To Compel Production of Documents by FEMA, dated May 18, 1984, 3:00 p.m.,
E.D.T.
Following the Board's ruling, counsel for FEMA made an oral application for a stay of that ruling pending appeal, pursuant to 10 CFR Section 2.788(g).
The Board found that FEMA had failed to satisfy three of the four factors set forth in 10 CFR Section 2.788(e), but granted a temporary stay-of its order until'5:00 p.m.,.May 21,
]
1984.
At approximately 11:00 a.m.
this morning, Suffolk County received FEMA's two-sentence Notice of Appeal and Request for a Stay of an Order of the Atomic Safety and Licensing Board.
The County understands that FEMA intends to file sometime today addi-8405240401 840521 PDR ADOCK 05000322 Q
\\
Li l i
tional material ~in support of its Notice and Request; however, as of the time this request was prepared, the County had not yet received any such materials.
Suffolk County hereby states its intention to respond to whatever additional pleadings may be filed by FEMA in support of its Appeal and Request for a Stay should this Board be inclined to consider at all FEMA's interlocutory appeal and request for a stay of the Atomic Safety and Licensing Board's discovery ruling.
Respectfully submitted, Martin Bradley Ashare Suffolk County Attorney H.
Lee Dennison Building Veterans Memorial-Highway Hauppauge, New York 11788 f
k l '/f 1,
1/aw ence Coe Lanppe/
~
Kar a J. Letsche Christopher M. McMurray KIRKPATRICK, LOCKHART, HILL,
' CHRISTOPHER & PHILLIPS 1900 M Street, NW Washington, DC 20036 Attorneys for Suffolk County Dated:
May 21, 1984 y
l E
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board f
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify-that copies of PRELIMINARY SUFFOLK COUNTY RESPONSE TO FEMA'S NOTICE OF APPEAL AND REQUEST FOR A STAY OF AN ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD 3ated May 21, 1984, have been s'erved to the following this 21st day of May 1984.by U.S. mail, first class, except as otherwise noted.
James A.
Laurenson, Chairman
- Ralph Shapiro, Esq.
' Atomic Safety and Licensing Board Cammer and Shapiro U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D.C.
20555 New York, New York 10016 Dr. Jerry R.
Kline
- James B. Dougherty, Esq.
Administrative Judge 3045 Porter Street, N.W.
Atomic Safety and Licensing Board Washington, D.C.
20008 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 W.
Taylor Reveley, III, Esq.#
Hunton & Williams P.O. Box 1535 707 East Main Street
-Mr. Fre'erick J.
Shon
- Richmond, Virginia 23212 d
Administrative Judge Atomic Safety and Licensing Board Mr. Jay Dunkleberger U.S.
Nuclear Regulatory Commission New York State Energy Office-Washington, D.C.
20555 Agency. Building 2 Empire State Plaza Albany, New York 12223
N :
- Edward M..Barrett, Esq.
- General Counsel Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Mr. Brian McCaffrey Stephen B.
Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea Shoreham Fuclear Power Station P.O.
Box 398 P.O.
Box.18 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Ms. Nora Bredes Marc W. Goldsmith Executive Coordinator Energy Research Group, Inc.
Shoreham Opponents' Coalition 400-1 Totten Pond Road 195 East Main Street Waltham, Massachusetts 02154 Smithtown, New York 11787 Joel Blau, Esq.
MHB Technical Associates New York-Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite-K Building San Jose,. California 95125 Empire State Plaza Albany, New York 12223 Hon.. Peter F. Cohalan Suffolk County-Executive
. Martin Bradley.Ashare, Esq.
H.
Lee-Dennison Building Suffolk County Attorney Veterans Memorial Highway H. Leo Dennison Building Hauppauge, New York 11788 Veterans. Memorial Highway Hauppauge, New York 11788
- Atomic Safety and Licensing Board Atomic Safety and Licensing Panel Appeal Board U.S.
Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary
~ Jonathan D. Feinberg, Esq.
U.S.. Nuclear Regulatory Commission
-1717 H Street,.N.W.
Staff Counsel.
Washington, D.C.-
20555 New York State Public Service Commission
- Bernard M.
Bordenick, Esq.
- 3 Rockefeller Plaza
~ David A.
Repka,.Esq.
. Albany, New. York 12223
'Edwin J.
- Reis,
-Esq.
U.S.
Nuclear Regulatory Commission
- Washington, D.C.
20555
--G
. ~ <
c.
I Spence Perry, Esq.
Stuart Diamond Associate General Counsel Business / Financial Federal Emergency Management New York Times Agency 229 W.
43rd Street Washington, D.C.
20472 New York, New York 10036 Stewart M. Glass, Esq.
Eleanor L.
Frucci, Esq.
Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel Agency U.S.
Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 Washington, D.C.
20555 i
Fabian Palomino, Esq. #
Mr. Howard A. Wilber
- Special Counsel to Atomic Safety and Licensing the Governor Appeal Board Executive Chamber, Room 229 U.S.
Nuclear Regulatory State Capitol Commission Albany, New York 12224 Washington, D.C.
20555 Allen S. Rosenthal, Chairman
- Mr. Gary J.
Edles
- Atomic Safety and Licensing Atomic Safety and Licensing
' Appeal Board Appeal Board U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission
~
Washington, D.C.
20555 Washington, D.C.
20555 A
ChTis topher'M. McMurray'
~
KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Dated:
May 21, 1984 By Hand By Telecopier f
{