ML20106E440

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Requests Immediate Stay of Miller ASLB 841029 Initial Decision to Avoid Filing Unnecessary Emergency Motion W/Us Court of Appeals
ML20106E440
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 02/12/1985
From: Lanpher L
KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To: Edles G, Rosenthal A, Wilber H
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20106E444 List:
References
CON-#185-541 OL-4, NUDOCS 8502130313
Download: ML20106E440 (1)


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KIRKPATRICK & LOCKHART 1900 M STREET, N.W.

WASHINGTON, D.C. 200M oN1 noSTON PLACE eoSTON, MA 02108 TELEPHONE (202) 452 7000 W47) 97).$400 TE M W2M M U 1928 BRaCKELL AVENLY

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TELICOPER (2021452 7012 ',,e' MIAML FL 13111 msi m4it2 1900 OLIVER BUILDINO 51t!TER3 DIRECT DIAL NtjMBER February 12, 19815 RB 12 P 3 :35 " 4

'*'^"2' "412)1954900 (202) 452-7011 (BY HAND)

Alan S. Rosenthal, Chairman Mr. Howard A. Wilber Mr. Gary J. Edles Atomic Safety and Licensing Appeal Board .

U.S. Nuclear Regulatory Commission 4350 East-West Highway North Tower, 4th Floor Bethesda, Maryland 20814 Re: Stay Motion: Docket No. 50-322-OL-4

Dear Members of the Shoreham Appeal Board:

The Commission this morning voted 4-1 to permit the Miller Board's October 29 Initial Decision to become effective.1/ In view of the NRC's ruling, we are filing with this Board a "Suffolk County and State of New York Motion for Stay of Miller Board Decision."2/

We request an expedited decision on this Motion. The Commission stated this morning that the license will be issued unless by 5:00 p.m. tomorrow, an emergency stay motion is filed in the United States Court of Appeals. We are prepared to file such an emergency motion by 5:00 p.m. tomorrow if an agency stay has not been granted. However, we of course are anxious to avoid filing unnecessary papers with the Court. Thus, we require a l ruling on the instant motion by 11:00 a.m. tomorrow.

1/ A copy of the Commission's ruling has not yet been made available. However, during the discussion session this morning, the Commission stated that none of the Commission's views are binding on the Appeal Board.

2/ A separate Stay Motion is also being filed with the Commission, alleging as its basis errors in the NRC's NEPA decision (CLI-84-9) and Chairman Palladino's refusal to dis-l qualify himself (Chairman's September 21, 1984 Memorandum).

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ak KRKPATRICK & LOCKHART Atomic Safety and Licensing Appeal Board February 12, 1985 Page 2 We have orally informed LILCO and Staff attorneys that this Motion would be filed. We are available at any time to present argument hereon if the Board deems that appropriate, either via telephone conference-call or in Bethesda (we note that the Brenner Board diesel hearing is in process and thus a court

. reporter wculd be available if that hearing were recessed for the time necessary to hear argument).

Sincerely yours, essedeeM Y

f7 . _Le Lawrence Coe Lanpher Attorney for Suffolk County LCL/dk cc: -LILCO Counsel (by hand)

Staff. Counsel (by hand)

Service List (by first-class mail)

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