ML20126L198

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Ack Receipt of 850617 Order for Stay of Decision Granting Lilco Low Power OL & Forwards Advising Us Court of Appeals That No Action Needed on Emergency Stay Motion at This Time
ML20126L198
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/17/1985
From: Lanpher L
KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To: Edles G, Rosenthal A, Wilber H
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#285-477 OL, NUDOCS 8506190437
Download: ML20126L198 (3)


Text

. KIRKPATRICK & LOCKHART 1900 M STREET, N.C'.

, WASHINGTON D.C. 20036 ONE nosTON PLAG BOSTON h4A C210B TEll? HONE (202) 452 7000 # 17) 97 55400 1428 BRJCKELL AVENUE TELECOPIEA 002) 452 7052 h41Ah41. FL 33131 (305) 374 4 I12 LA4TJNCE CoE LANPHER g a:23 4u.70n ,,,,,,,u,,,

June 17, 1985 DOCKETED USNRC BY HAND 15 JM 18 MO:41 Alan S. Rosenthal, Esquire, Chairman .

Gary J. Edles, Esquire $~

Mr. Howard A. Wilber {fFi0C ET G S b1 BRANCH Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Long Island Lighting Company (Shoreham Nuclear Power Station);

Docket Number: 50-322-OL Gentlemen:

The State of New York and Suffolk County are in receipt of your Order entered this morning. In view of the Appeal Board's action, we have advised the U.S. Court of Appeals that it needs to take no action on the Emergency Stay Motion at this time. See attached letter.

In the event the Appeal Board decides to deny the County / State stay motion, we reiterate the request (set forth at pages 10-12 of our Appeal Board motion) to maintain the present stay in effect until July 2 and thus to allow expeditious D.C Circuit review of the stay issue.

Sincerely yours, N

Lawrence Coe Lanpher LCL/dah enclosures cc: Service List 8506190437 850617

$DR ADOCK 05000322 PDR 9

9 9

. KIRKPATRICK & LOCKHART 1900 M STMET.ND.

. DASHINGToN, D.C. 200M owe nosToN ptAct nosTow. MA c2tos TEurHONE 002) 452-7000 Eth 9715400 1928 SluCI2U. AVENW TEMCoPIEA 002) 452 7052 m p3,33 3g 0 05; 374 4112 LAWRENCE CoE LANPHER g, 42C2) 452 7011 (412) 1554500 June 17, 1985 Clerk of Court United States Court of Appeals for the District of Columbia Circuit U.S. Courthouse, 5th Floor 333 Constitution Avenue, N.W.

Washington, D.C. 20001 ATTENTION: Ms. Bateman Re: Cuomo v. NRC (Docket No. 85-1042)

Dear Ms. Bateman:

This letter confirms an oral notification which I provided earlier today to you. The NRC Appeal Board this morning entered an ex parte stay, which has the effect of staying operation of Shoreham until the Appeal Board has ruled on the suffolk County / State of New York stay motion filed with the Appeal Board.

It appears that the earliest time for an Appeal Board ruling would be Wednesday, June 19. A copy of the Appeal Board's Order is attached.

In view of the Appeal Board's stay, we do not request the Court of Appeals to rule at this time on the Emergency Stay Motion filed this morning with the Court. Rather, it is appropriate to wait until the NRC Appeal Board has ruled. If the Appeal Board denies the County / State stay motion, we intend to ask the Court of Appeals then to rule on the Emergency Stay Motion. We are requesting that if the Appeal Board should deny our stay motion, it will nonetheless continue the stay of operation of Shoreham for sufficient time to permit this Court to obtain responses from the NRC and Long Island Lighting Company and a reply memorandum from Petitioners. Should the Appeal Board refuse to extend its stay, however, we may be forced to seek a Court ruling on our Emergency Motion on a very expedited basis once again.

\

KIRKPATRICK & LOCKHART

, Ma. Batsman June 17, 1985 Page 2 We will keep you fully informed of all developments.

Sincerely yours, W M Lawrence Coe Lanpher Attorney for Suffolk County LCL/dah enclosure cc: All Counsel of Record

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judge:

Alan S. Rosenthal, Chairman June 17, 1985

~

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-4

) (Low Power)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

ORDER Intervenors Suffolk County and the State of New York have filed a motion for a stay of the effectiveness of the Licensing Board's June 14, 1985 partial initial decision,1 in which the Director of the Office of Nuclear Reactor Regulation was authorized to issue a license permitting the operation of the Shoreham nuclear facility at levels up to five percent of rated power. Responses to that motion are to be in the hands of this Board by 10:00 a.m. on Wednesday, I

June 19, 1985.

l So as to preserve the Board's jurisdiction over the motion in the interim, and for that reason alone, the L

effectiveness of the June 14 partial initial decision is hereby stayed ex carte pending further order of the Board.

l 1

LBP-85-18, 21 NRC .

WP af. m

2 It is so ORDERED.

FOR THE APPEAL BOARD O.b-hb eh C. Jgan Shoemaker -

Secretary to the Appeal Board This action was taken by the Appeal Board Chairman under the authority of 10 CFR 2.787 (b) (1) .

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