ML20107L598

Requests Reconsideration of 850214 Request for Info Re Timing of & Reasons for Judge Laurenson Resignation & Resulting Reconstitution of Aslb.Certificate of Svc Encl

ML20107L598
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	02/27/1985
From:	Brown H KIRKPATRICK & LOCKHART
To:	Cotter B Atomic Safety and Licensing Board Panel
References
CON-#185-793 OL-3, NUDOCS 8503010002
Download: ML20107L598 (5)

Text

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KIRKPATRICK & LOCKHART

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5900 M STREET, j NQ WASHINGTON.'DA40036" osE aoSTON PLACE sosToN. MA 02100 TELEPHONE (202) 452 7000 (6171 9715400 de ,3 N1 :00 ""yy,,,y,',**i^

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00CKC Nuggggg February 27, 1985 PROO.& tm L fag, M '- M Q HAND DELIVERED DL-3 ~

B. Paul Cotter, Jr., Esq.

Chief Administrative Judge Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D.C. 20555

Dear Judge Cotter:

I have discussed with.Mr. Palomino, Governor Cuomo's Special Counsel, your letter of February 22, which responded to our letter of February 14. Therein you state that it would be " inappropriate to speculate" on the matters raised in our letter. Be assured that we ask you neither to

" speculate" nor to act " inappropriately." Accordingly, we would appreciate your reconsideration of our letter,

which is purely factual, and an early reply limited exclusively to your own personal knowledge of the facts.

.Your citation of the New England Coalition case is appreciated. It is precisely because of the principles articulated therein that we are concerned with the recon-stitution of the Emergency Planning Board. Even a cursory review of the briefs pending before the Board illustrates that the demeanor of witnesses who testified on many of the disputed issues, including the important behavioral issues, is_of significance to the Board's decisions on those issu,s. e We have recently received a copy _of Judge Laurenson's letter.of resignation. The letter was written to you on January 7, but the parties to the Shoreham emergency i.

C DO f 3 303 ..

5 KIRKPATRICK & LOCKHART B. Paul Cotter, Jr., Esq.

February 27, 1985 Page Two planning proceeding were not informed of Judge Laurenson's resignation until February 1. Therefore, we would further ask that you provide us with a chronology of actions and

-assessments made by you and others, to the extent you know, between your learning of Judge Laurenson's intent to resign and the reconstitution of the Board.

Finally, Judge Laurenson's letter states his intention to resign effective February 1, "with your permission,"

and offers to provide assistance during the " transition."

We would appreciate receiving a copy of any reply that you or others sent to Judge Laurenson conveying suchrecon-

" permission" or other views as to his resignation, stitution of the Board, or assistance during the transition.

Suffolk County and New York State consider this a serious matter on which your cooperation is critical.

The facts concerning this matter are solely within the control of you and your colleagues. We have no access to such facts, and therefore, no basis on which to determine whether we should consider taking any action, let alone legal action to dissolve the emergency planning board or to call for a mistrial. We do not wish to remain at the disadvantage of having to speculate as to facts within your control that could easily be made known to us.

Unfortunately, if you and your colleagues refuse to be forthcoming, we will have no reasonable choice but to assume that you do not want us to know those facts.

On behalf of Suffolk County and with the authorization of the State of New York, Since ely,

,- -Q Herbert H. Brown cc: Fabian Palomino, Esq.

NRC Commissioners Herzal Plaine, Esq.

Service List b

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' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL

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(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of a letter from Herbert H.

Brown, Esq. ' to B. Paul Cotter, Jr., Esq., dated February 27, 1985 has been served on the following this 28th day of February, 1985 by U.S. mail, first class, except as otherwise noted.

Judge James.;L. Kelley Edward M. Barrett, Esq.

Atomic Safety and Licensing Board Long Island Lighting Company U.S.. Nuclear Regulatory Commission 250 Old Country Road

-. 1 Washington, D.C. 20555 Mineola, New York 11501 Judge Glenn O. Bright Honorable Peter Cohalan

. Atomic Safety and Licensing Board Suffolk County Executive U.S. Nuclear Regulatory Commission H. Lee Dennison' Building

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Washington, D.C. 20555 Veterans Memorial-Highway Hauppauge, New. York 11788 Judge Elizabeth B. Johnson Oak Ridge National Laboratory Fabian Palomino, Esq.

P.O. Box X, Building 3500 Special Counsel to the Oak Ridge, Tennessee 37830- Governor Executive Chamber, Room 229

-Atomic Safety add Licensing State Capitol Appeal Board. Albany, New York 12224 U.S. Nuclear Regulatory Commission Washington, D.C.. 20555 **W. Taylor Reveley, III, Esq.

Anthony F. Earley, Jr., Esq.

• Edwin J. Reis, Esq. Robert M. Rolfe, Esq.

Bernard M. Bordenick, Esq. Hunton & Williams Office of Exec. Legal Di' rector 707 East Main Street U.S. Nuclear Regulatory ~ Commission Richmond, Virginia 23212 Washington,-D.C. 20555

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Mr. Martin Suubert James Dougherty, Esq.

c/o Cong. William Carney 3045 Porter Street, N.W.

1113 Longworth House Office Washington, D.C. 20008

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Building Washington, D.C. 20515 Mr. Brian McCaffrey Long Island Lighting Company Martin Bradley Ashare, Esq. Shoreham Nuclear Power Sta.

Suffolk County Attorney P.O. Box 618 H. Lee Dennison Building North Country Road Veterans Memorial Highway Wading River, New York 11792 Hauppauge, New York 11788 Jay Dunkleberger, Esq.

Docketing and Service Branch New York State Energy Office Office of the Secretary Agency Building 2 U.S. Nuclear Regulatory Commission Empire State Plaza Washington, D.C. 20555 Albany, New York 12223

• Nunzio J. Palladino, Chairman *Comm. Frederick M. Bernthal

-U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.

Room 1114 Room 1156 1717 H Street, N.W. 1717 H Street, N.W.

Washington, D.C. 20555 Washington, D.C.. 20555

• Commissioner Lando W. Zech, Jr. *Comm. Thomas M. Roberts U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.

Room 1113 Room 1103 1717 H Street, N.W. 1717 H Street, N.W.

. Washington, D.C. 20555 Washington, D.C. 20555

• Commissioner James K. Asselstine Stephen B. Latham, Esq.

U.S. Nuclear Regulatory Commission John F. Shea, Esq. .

Room 1136- Twomey, Latham and Shea 1717 H Street, N.W. 33 West Second Street Washington, D.C. 20555 Riverhead, New York 11901

• Herzal Plaine, Esq. Lawrence J. Brenner, Esq.

'U.S. Nuclea.r. Regulatory Commission Administrative Judge 10th Floor Atomic Safety & Licensing Bd.

1717 H Street, N.W. U.S. Nuclear Regulatory Comm. '

Washington, D.C. 20555 Washington, D.C. 20555 Dr. George A. FEFguson Dr. Peter A. Morris LAdministrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Ed.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555

.Morton B. Margulies, Esq. Dr. Jerry R. Kline Administrative Judge Administrative Judge Atomic. Safety & Licensing Board Atomic Safety & Licensing Bd.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555

i t

Mr. Frederick J. Shon Mr. Frank R. Jones Administrative Judge Deputy County Executive Atomic Safety & Licensing Board H. Lee Dennison Building U.S. Nuclear Regulatory Commission Veterans Memorial Highway Washington, D.C. 20555 Hauppauge, New York 11788 Stewart M. Glass, Esq. Joel Blau, Esq.

Regional Counsel. New York Public Service Comm.

Federal Emergency Management Agency Gov. Rockefeller Building New York, New York 10278 Empire State Plaza Albany, New York 12223 Atomic Safety and Licensing Board Panel Mr. Stuart Diamond U.S. Nuclear Regulatory Commission Business / Financial Washington, D.C. 20555 NEW YORK TIMES New York, New York 10036 MHB Technical Associates 1723 Hamilton Avenue Spence Perry, Esq.

Suite K Associate General Counsel San Jose, California 95125 Fed. Emergency Mgmt. Agency Washington, D.C. 20472 Jonathan D. Feinberg, Esq.

Staff Counsel E. Milton Farley, III, Esq.

New York State Public Service Hunton & Williams Commission P.O. Box 19230 3 Rockefeller Plaza 2000 Pennsylvania Ave., N.W.

Albany, New York 12223 Washington, D.C. 20036 Ms. Nora Bredes Odes L. Stroupe, Jr., Esq.

Executive Director Hunton & Williams Shoreham Opponents Coalition P.O. Box 109 195 East Main Street 333 Fayetteville Street Smithtown, New York 11787 Raleigh, North Carolina 27602 N

Herbert H. Brown KIRKPATRICK & LOCKHART 1900 M Street, N.W., Suite 800 Washington, D.C. 20036 DATE: February 28, 1985 By Hand

• • 'By Telecopy