ML20092P629
| ML20092P629 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/06/1984 |
| From: | Cowan B, Hodge L ATOMIC INDUSTRIAL FORUM |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20092P630 | List: |
| References | |
| NUDOCS 8407090189 | |
| Download: ML20092P629 (27) | |
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UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSIO5f4 1
P2;53 ca a Before the Commission h[ _.. ~
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In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL DOCKET f f U"a-(Shoreham Nuclear Power Station, l'n D D. n U7;[ [. $ d - ] Q g. 3 Unit 1)
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MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE The Atomic Industrial Forum, Inc.
(" Amicus") hereby moves, pursuant to 10 CFR S 2.715 (d), for leave to file a brief as amicus curiae in connection with the request and motion for disqualification.of Chairman Palladino filed by i
Suffolk County and the State of New York in the Shoreham operating license proceeding.
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The Atomic Industrial Forum, Inc. is an association of over 500 domestic and overseas organizations interested in 4
the-development'of peaceful uses of nuclear energy.
Its mem-bers include electric utilities, manufacturers, architect-engineers, consulting firms, law firms, mining and milling companies, labor unions, financial institutions, universities, and others who design, build, operate and service facilities for the production of nuclear fuel and the generation _of nuclear
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i power.
Long Island Lighting Company is a member of the Forum.
In addition, each utility owning the plants identified in the
~ Individual Statement of Nunzio J. Palladino, Chairman, U.
S.
Nuclear Regulatory Commission, Before the Subcommittee on i
Energy and the Environment, Committee on Interior and Insular Affairs, U.
S. House of Representatives, dated May 17, 1984, is a member of the Forum.
The members of the Forum have had extensive experience in the law relating to nuclear regulation t
4 and practice.
Its members, as well as all consumers of elec-tricity, stand to be harmed in the event of unnecessary delays l
in the licensing process.
On June 6, 1984, counsel for Suffolk County and the State of New York served on Chairman Palladino a formal request-a that the Chairman recuse himself from the Shoreham operating a
license proceeding.
On June 20, 1984, the Chairman, in a i
Memorandum to the Parties, invited comment from all parties as j
to whether he should recuse himself in the proceeding, either as a matter of legal requirement or of discretion.
Amicus believes that there are substantial policy issues associated with the recusal effort in this case.
Those policy issues include the need for expeditious conduct of Nuclear Regulatory
' Commission
(" Commission") licensing proceedings and the role f
of the Chairman of the Commission in carrying out the policies 1
of the Commission and the law which requires that commission i
The adjudications be conducted without unnecessary delays.
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disposition of the recusal request thus relates to the entire fabric of Commission licensing proceedings.
Because of the far-reaching consequences if it should be determined that the Chairman of the Commission may not carry out the policies of the commission and may not initiate administrative actions
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designed to bring efficiency and expedition to the licensing process, Amicus requests permission to file a brief in this matter.
Amicus believes that the positicr it will -take with respect to the issues connected with the recusal motion will be supportive of the position of applicant in this proceeding.
Amicus is aware of the provisions of Section 2.715(d), whereby 4
such brief is to be filed within the time allowed to the party whose position the brief will support, except as otherwise pro-l vided by the Commission.
Amicus hereby requests permission to file its brief out of time on July 6, 1984.
The motion by counsel for Suffolk County and the State of New York was dated June 6, 1984.
Applicant's response was filed June 18, 1984.
The Chairman of the Lawyers Committee and the General Counsel of the Atomic Industrial Forum, Inc. each first became aware of the recusal request and the Chairman's Memorandum to the Parties on June 25, 1984.
Thereafter, time was required to review the matter, conduct appropriate consultations and ob-tain requisite authorizations before this motion could be filed.
Such process was not completed until July 5, 1984, and, -
it was impossible for Amicus to prepare its brief by the filing date of applicant of June 18, 1984.
The Chairman's Memorandum to the Parties, dated June 20, 1984, requested the views of the other party (the NRC Staff) to be filed no later than July 6, 1984.
- Hence, no' prejudice should result to any party from granting Amicus permission to file its brief on the same date, July 6, 1984.
WHEREFORE, the Atomic Industrial Forum, Inc. re-spectfully requests leave to file a brief as amicus curiae in the above-captioned proceeding.
Respectfully submitted,
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Lindh g 1odge, Esq.
General Counsel Atomic Industrial Forum, Inc.
O Cowhq/ Esq.
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Barton Z.
Chairman, AIF Lawyers Committee J
Of Counsel:
John R.
Kenrick, Esq.
Eckert, Seamans, Cherin & Mellott 42nd Floor, 600 Grant Street Pittsburgh, Pennsylvania 15219 (412) 566-6000 Dated:- July 6, 1984 I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of LONG ISLAND LIGHTING COMPANY Docke t No. 50-322-OL (Shoreham Nuclear Power Station, Unit 1)
CERTIFICATE OF SERVICE I hereby certify that copies of the " Motion for Leave to File Brief Amicus Curiae" in the above-captioned matter have been served on the following by deposit in the United States mail this 6th day of July, 1984.
- Nunzio J. Palladino
- Al an S.
Rosenthal Chairman Chairman U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Wa shing ton, D. C.
20555 U.S. Nuclear Regulatory Commission
- Frederick M.
Bernthal Washington, D.C.
20555 Commissioner U.S. Nuclear Regulatory
- Howard A. Wilber Commission Atomic Safety and Licensing Washing ton, D. C.
20555 Appeal Board i
U.S. Nuclear Regulatory i
- James F. Asselstine Commission Commissioner Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission
- Gary J.
Edles Wa shing ton, D. C.
20555:
Atomic Safety and Licensing Appeal Board
- Thomas M. Roberts U.S. Nuclear Regulatory Commissioner Commission U.S. Nuclear Regulatory Washington, D.C.
20555 l
Commission l
Wa shing ton, D. C.
20555 l
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- Judge Marshall E. Miller Mr. Martin Suubert Atomic Safety and Licensing c/o Congressman William Carney Board 113 Longworth House Office U.S.
Nuclear Regulatory Building Commission Wa shing ton, D. C.
20515 Washing ton, D.C.
20555 James Dougherty, Esq.
- Judge Glenn O.
Bright 3045 Porter Street, N.W.
Atomic Safety and Licensing Washing ton, D. C.
20008 Board U.S.
Nuclear Regulatory Jay Dunkleberger, Esq.
Commission New York State Energy Office Wa shing ton, D. C.
20555 Agency Building 2 Empire State Plaza Judge Elizabeth B. Johnson Albany, New York 12223 Oak Ridge National Laboratory P.O.
Box X, Building 3500 Edwin J. Re is, Esq.
Oak Ridge, Tennessee 37830 Office of the Executive Legal Director
- Eleanor L.
Frucci, Esq.
U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board Wa' shing ton, D. C.
20555 U.S.
Nuclear Regulatory Commission Stephen B.
Latham, Esq.
Washing ton, D.C.
20555 John F.
Shea, Esq.
TVomey, Latham & Shea Honorable Peter Cohalan 33 West Second Street Suffolk County Executive Riverhead, New York 11901 County Executive /
Legislative Building Martin Bradley Ashare, Esq.
Veterans Memorial Highway Suffolk County Attorney Hauppauge, New York 11788 H. Lee Dennison Building Veterans Memorial Highway Fabian G.
Palomino, Esq.
Hauppauge, New York 11788 Special Counsel to the Governor W. Taylor Reveley, III, Esq.
Executive Chamber, Room 229 Donald P.
Irwin, Esq.
State Capitol Hunton & Williams Albany, New York 12224 707 East Main Street Post Office Box 1535 I
Alan R.
Dynner, Esq.
Richmond, Virg inia 23212 Herbert H.
Brown, Esq.
Lawrence Coe Lanpher, Ersg.
Docketing and Service Branch Kirkpatrick, Lockhart, Hill, Office of the Secretary Christopher & Phillips U.S.
Nuclear Regulatory 1900 M Street, N.W., 8th F1.
Commission Washing ton, D.C.
20036 Washing ton, D.C.
20555
- Designates those hand delivered j..-
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di Barton Z. Cos g, Esq.
Chairman, AIF Lawyers Committee
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