ML20126H254

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Forwards Suffolk County & State of Ny Motion for Stay of Low Power License & Unexecuted Affidavits of DG Bridenbaugh & Gc Minor Supporting Motion.Emergency Motion Will Be Filed W/ Us Court of Appeals to Avoid Mooting Rights
ML20126H254
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/17/1985
From: Letsche K
KIRKPATRICK & LOCKHART
To: Edles G, Rosenthal A, Wilber H
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20126H255 List:
References
CON-#285-458 OL, NUDOCS 8506180293
Download: ML20126H254 (2)


Text

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KIRKPATRICK & LOCKHART 1900 M STREET. N.W.

WASHINGTON, D.C. 200M ONE BOSTON Pt. ACE aostcN. uA 02 ice TELEPHONE (20D 452 7000 gin 97L54co 1428 BRICKELL AVENUE TEl.FCOPER 002) 4524052 MIAMI.FL 33333 0 09) 3744 112 June 17, 1985 isoo OuvEn suiuxNo n nuncu.FA 15m KARLAj. N 00LKETEp

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aoz: 4524a" USNRC BY HAND Rosenthal, Esq., Chairman '85 JN 17 N0:34 Alan S.

Gary J.

Edles, Esq.

Mr. Howard A. Wilber GFFICE 0 SEOO*-

Atomic Safety and Licensing 00CKETING & SEPVH BRANCH Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Long Island Lighting Company (Shoreham Nuclear Power Station);

Docket No. 50-322-OL Gentlemen:

By this letter, the undersigned is transmitting the Suffolk County and State of New York Motion for Stay of Low Power License.

Expeditious Appeal Board action is necessary since it appears that a low power license could be issued as early as noon today and the Phase III testing could also commence soon thereafter.

On June 16, 1985, LILCO's counsel refused to tell us when LILCO will be pre-pared to start Phase III; however, on June 14, we were informed by another one of LILCO's counsel that LILCO certainly would be ready to start Phase III within the week (i.e., certainly by June 21).

The County and State intend to file this morning an Emergency Motion in the U.S. Court of Appeals for the District of Columbia.

Circuit..Such a filing in the D.C. Circuit is necessary to avoid the potential mooting of our appeal rights, particularly since LILCO and the staff have refused to provide us with any facts relating to the timing of license issuance or commencement of operation.

We respectfully request oral notification by this Board of any action taken regarding this stay motion (including, for instance, any temporary stay established by this Board to give itself time to rule on'the motion), so that we can take such action into account with respect to our filing with the D.C. Circuit, and so that we can keep the D.C. Circuit informed of all material developments related to go6%h p

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KIRKPATRICK & LOCKHART Alan S. Rosenthal, Esq.

Gary J. Edles, Esq.

Mr. Howard A. Wilber June 17, 1985 Page 2 this matter.

Please contact either the undersigned (452-7064),

Mr. Brown (452-7005), Mr. Lanpher (4 52-7011), or Mr. Eisenberg (452-8359).

Due to logistical difficulties, the Affidavit attached to the enclosed Motion is unexecuted.

An executed copy will be provided as soon as possible.

Sincerely,

'k cd KarIa J. Le sche KJL:jee Attachments cc:

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