ML20106F725
| ML20106F725 | |
| 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: | Asselstine J, Bernthal F, Palladino N NRC COMMISSION (OCM) |
| References | |
| CON-#185-572 OL-4, NUDOCS 8502140070 | |
| Download: ML20106F725 (2) | |
Text
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KIRKPATRICK & LOCKHART 1900 M STREET, N.W.
WASHINoToN. D.C. 200M ONE aOSTON PLACE aOSTON, MA 02100 TEIJFHOW 000 60 g617) 9W20 N"EU g42g amrws: AVENUE 1MECCrER 00D 452@52 O ", K [ ' I heAMI.PL 33131 EC oOs n441:2 1500 OLIVER BUILDING February 12, 1985'85 FEB 13 A9:52 :
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.m o DKKEIM & SE4 i (BY HAND)
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Nunzio J. Palladino, Chairman Commissioner James K. Asselstine Commissioner Frederick M. Bernthal
' Commissioner Thomas M. Roberts Commissioner Lando W.
Zech,- Jr.
.U.S. Nuclear Regulatory Commission
-1717 H Street, N.W.
Washington, D.C.
20555 Re:- Judicial' Review of Shoreham Phase III/IV License; Docket No. 50-322-OL-4
Dear Members of the Commission:
We have just received a copy of.the Commission's. decision authorizing an exemption for Shoreham low power operation.
The
-following-judicial review time table was set:
if Suffolk County and the State of New York file papers for emergency judicial
-review lof today's order. prior to 5:00 p.m. on Wednesday, February
~13, then no'. low power _ license will be issued _until 5:00 p.m. on:
Tuesday, February 19, 1985.
Suffolk County and the State of New York-intend to seek such emergency judicial review if our agency.-
Estay' requests are' denied._ In essence, therefore,-the NRC's provision summarized above compels the State and County to ask the Court of Appeals to. issue'a decision on an Emergency Motion by 5:00_p.m. on February 19.
We hereby request that the. Commission,. in the event that it
-does.not grant ~the pending County / State stay request,; alter the
- time table set forth above.- The D.C. Circuit rules look with disfavor on Emergency Motions. seeking a decision in seven days or "less.
See'D.C. Cir. Rule 6(j).
Indeed, under the D'.C.. Circuit rules, there is normally a'7-day period for filing responses to, Emotions and then a.3-day period thereafter for_ filing a reply.
D.C. Cir. Rule 6(b):and (c).
Shoreham low power testing is not on any " critical-path" toward'any-later operation of the plant. =Even assuming problems
-were to occur during testing,'LILCO_itself predicts no more than-42Ldays to complete all testing ~ authorized by today's order.
8502140070 850212 1 :PDR ADOCK 05000322 1
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E30GVCDUCK & LCK3GLO[F l
1 NRC Commissioners i
February 12, 1985 2 age 2 j
Therefore, there is no justification for setting forth a judicial review schedule which requires an alteration of the normal Court of Appeals briefing schedule.
We, accordingly, suggest that the Commission alter its review provision as follows:
Suffolk County and the State of New York to file any requests for a Court of Appeals stay no later than 5:00 p.m. on Wednesday, February 13.
Thereafter, in accordance with the Court of Appeals rules, LILCO and the NRC shall file responses by February 20, and the County and the State of New York will file any reply by February 25 (the first business day after the weekend).
The Commission should then specify that the license will be issued after 5:00 p.m. on February 28, 1985, unless the Court of Appeals otherwise rules.
By-setting forth the foregoing schedule,.the NRC will allow careful _ judicial consideration of the views of all parties on the Emergency Motion which.we intend to file.
There is no-public
-interest to be gained by preventing the Court from having_the time period it customarily requires for such consideration.
Sincer ly yours, Lawrence Coe Lanpher
-Attorney.for Suffolk. County LCL/dk cc:
Herzel Plaine, Esq. (by hand on 2/13)
LILCO Counsel (by telecopier)
Staff Counsel (by hand on 2/13)
Service List (by first-class mail) l
)
.