ML20126L009

Order to Provide Secretary to Appeal Board W/Name of Counsel Who Will Present Argument at 850812 Oral Argument of Appeal of Util from Board 850417 Partial Initial Decision LBP-85-12.Served on 850729

ML20126L009
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/26/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	LONG ISLAND LIGHTING CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), SUFFOLK COUNTY, NY
References
CON-#385-991 LBP-85-12, OL-3, ORDER-850726, NUDOCS 8507300548
Download: ML20126L009 (2)

Text

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, j Ojj UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges: SERVED Jut 29198 ptCKETED Alan S. Rosenthal, Chairman July 26,03943 ,

Gary J. Edles Howard A. Wilber

'85 J1. 29 N0 :48 0FFICE OF SECRt.lARY In the Matter of ) 00CKETING & SERVICf.

) BRANCH LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

ORDER As previously announced,1 the oral argument of the e

appeal of the Long Island Lighting Company (LILCO) from the 2

i Licensing Board's April 17, 1985 partial initial decision will be heard at 2:00 p.m. on August 12, 1985, in the NRC i

Pub}ic Hearing Room, Fifth Floor, East-West Towers Buildina, I

4350 East-West Highway, Dethesda, Maryland.

The order of presentation and the time allocations are as follows:

LILCO - 45 minutes (of which a reasonable portion may be reserved for rebuttal).

State of !!ew York - 30 minutes.

Suffolk County - 15 minutes.

I May 20', 1985 order (unpublished).

2 LDP-85-12, 21 NRC 644.

I gDR507300548 850726

. g ADOCK 05000322 PDH 3501

2 l 2 Town of Southampten - 5 minutes.3 NRC staff - 30 minutes.4 In preparing for oral argument, counsel may assume that the members of this Board will be generally familiar with the relevant portions of the record (including the April 17 l

partial initial deciaion) and the appellate positions of the respective parties.

Each party is to provide the Secretary to this Board by  !

i letter, mailed no later than August 2, 1985, with the name  !

! of the counsel who will present the argument on its behalf.

It is so ORDERED.

FOR THE APPEAL BOARD l

l C.0 ~h W } &

C. JQan Sh'o'emaker Secretary to the Appeal Board In normal circumstances, we do not permit participation in oral argument by a party that has not filed a brief with us. The exception we are making for the Town of Southampton in the unique circumstances of this case should not be regarded as setting a new and contrary precedent.

4 The allocations of time are based on the assumption that Suffolk County will be represented at the oral argument by its County Attorney, rather than by the law firm of Kirkpatrick & Lockhart. This assumption, in turn, is based upon the July 19, 1985 ruling of the New York State Supreme Court, as described in a July 22, 1985 letter from the County Attorney to the Chairman of this Commission. We have not been informed whether that ruling is being appealed to a higher New York court. If so, and should the appeal prove successful, any party may bring that fact to our attention with a request that the time allocations be revised.