ML20126M705
| ML20126M705 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/26/1985 |
| From: | Ashare M SUFFOLK COUNTY, NY |
| To: | Palladino N NRC COMMISSION (OCM) |
| References | |
| CON-#385-025, CON-#385-25 OL-2, NUDOCS 8508010468 | |
| Download: ML20126M705 (9) | |
Text
r 6yD COUNTY OF SUFFOLK
)
ih PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE
,O DEPARTMENT OF LAW MARTIN BRADLEY ASHARE COUNTY ATTORNEY 3
0 - I N-is rHis Marten to:
July 26, 198W),CJ F SECRETA:
,,-. ImG A SEF,>:0
? RANCH United States Nuclear Regulatory Commission 1717 H Street, N.W.
Washington, D.C.
20555 Attn:
Commissioner Nunzio J. Palladino, Chairman Re:^ Docket No. 5 0- 3 2'2-OL Shoreham Nuclear Power Station Unit
Dear Commissioner Palladino:
Please be advised that the law firm of Kirkpatrick and Lockhart have decided to withdraw as counsel to assist the Suffolk County attorney in all Shoreham related litigation as per the attached letter.
We are meeting with Kirkpatrick & Lockhart on Tuesday, July 30, 1985 to make arrangements for the return of the County's files.
Very trul rs,
/weg g-x MARTIN BRADLEY ASHAJ(E SUFFOLK COUNTY ATTORNEY MBA:sm Encs.
cc: Service List DOC DR G
3503 vrTER ANS MEMORIAL HtCHWAY a
H AUPPAUGE. NEW YORK t1788 a
(5 f Gi 360-4049
7 KIRKPATRICK & LOCKHART 1900 M STRL*.T. N.D.
WASHINGTON. D.C. 20036 ost eosToN PLACE BOSTON. MA 0:!:4 TEMPHONE CO2) 451-7000 t617) 973.5+00 N
U 1428 BRICKELL AVENUE nuconEn con 452-705:
MIAMI. FL UtH OC5) 374-8112 3
1500 OLNER EULD:NG
~
LAWRENCE CCE LANPHER PITTsBURCH. rA 152:2 a:n 45uoi July 24, 1985 ein n545m
'85 JQ[3; gj,
VIA FEDERAL EXPRESS MAIL SECi%p v 0
i BR Nc D i Martin Bradley Ashare Suffolk County Attorney H.
Lee Dennison Building
~
8th Floor Veterans Memorial Highway Hauppauge, New York 11788
Dear Marty:
Ne have received your letter of July 22, 1985 and also have reviewed Judge Brown's decision of July 19, 1985 in which he ruled that County Executive Cohalan " acted within the scope of permissible statutory authority in discharging the law firm of Kirkpatrick and Lockhart."
This decision appears to resolve the conflict under which we have been laboring, and to uphold the termination of the contract of February 22, 1982 between Suffolk County and this firm, and in the absence of a stay or a we will take no action inconsistent with the decision.1/ reversal, I suggest that we meet as soon as possible so that there can be a prompt resolution of outstanding matters.
When we meet, there are three primary areas for discussion.
First, we need to discuss the status of various proceedings in which we have represented the County.
The proceedings which need to be discussed in greatest detail are: the County appeal of the April 17 ASLB emergency planning partial initial decision
-(brief due August 30; we have drafts of some portions of the brief and will give you our views of the matters in that decision and in the pretrial phase leading up to that decision which merit the most intem a appellate efferts); the LILCO legal authority appeal before the NRC Appeal Board (oral argument in Bethesda on August 12; LILCO scheduled to file last brief on July 25); the Geiler state court proceeding (the postponed June 12 oral argument needs to be rescheduled); the County appeal of the June 14 TDI diesel partial initial decision (County brief filed; oral 1/ Although we do not agree uith the substance of Judge Brown's decision, Kirkpatrick & Lockhart does not deem it appropriate for the law firm to appeal the decision.
We understand that tha other petitioners do intand to appeal.
O KIRKPATRICK & LOCKHART Martin Bradley Ashare, Esquire July 24, 1985 Page 2 argument to be scheduled after NRC Staff and LILCO briefs are filed); the ASLB emergency planning relocation center proceeding (post-trial briefs have been filed); and the appeal in the D.C.
Circuit of the validity of the low power license (briefs filed; oral argument not yet scheduled).
I am sure that other matters will also need to be addressed.
Second, we need to discuss the file situation.
We have commenced an inventory to identify all the files which relate to
^
Shoreham matters.
I expect that inventory to be completed this week.
There will be some files which you may require soon, such as those related to the August 30 emergency planning brief.
On the other hand, there are files that you may not want at all (for example, files on some minor safety issues litigated in 1982 as to which no appeals have been taken), and which thus could be destroyed.
There are also security-related files which will require special handling.
Finally, we also need to discuss when we may expect payment to Kirkpatrick & Lockhart for outstanding lggal fees and disbursements.
The outstanding bills are:2/
Date of Bill Period Covered Amount 3/27/85 1/27/85-2/23/85 5223,042.00 4/23/85 2/24/85-3/30/85 5220,080.10 5/24/85 3/31/85-4/27/85 5122,789.72 6/28/85 4/28/85-5/25/85 S 94,013.40 TOTAL:
5659,925.22 2/On July 24, we received payment in the sum of $106,667.40 for our March 3, 1985 bill which covered the period December 30, 1984 through January 26, 1985.
The invoiced amount was $114,624.50.
In accordance with past County practice, we anticipate receipt in several days of an explanation of why S7957.10 was disallowed. If i
l appropriate, ue vill contact the County regarding the l
dicallowance.
E e
1 9
KIRKPATRICK & LOCKHART '
Martin Bradley Ashare, Esquire ~
July 24, 1985 Page 3 i
Sub'stantial disbursements are also outstanding:
Date of Bill Period Covered Amount 4
9/28/84 7/84
$45,768.413/
1/28/85 (resubmitted on 5/14/85) 12/84 (partial)
$ 4,099.15 3/28/85 l(resubmitted on l
5/14/85) 2/85 (partial) 150.00 4/23/85 Ocean Fleets
$ 1,040.00 J
5/24/85 4/85
$14,017.61 1
6/28/85 5/85 511,406.45 i
TOTAL:
$76,481.62 Mr. Scroop of y'our office has informed me that steps have been taken to process payment of the foregoing invoices.
I would appreciate it if you would provide us with a written schedule stating when we.may expect to receive payment of our outstanding invoices for fees and disbursements.
3/This disbursement voucher was lost when initially sent, which oxplains why it has been outstanding for a long time.
r-D P
KIRKPATRICK & LOCKHART Martin Bradley Ashare, Esquire July 24, 1985 Page 4 Subsequent to May 25 (the last date covered by our June 28 voucher), this firm has performed additional work for the County, both prior and subsequent to the June 3 and 19 termination notices.
We will submit an invoice next week for work performed between May 26 and July 19, 1985 to advocate positions of the County in Shoreham proceedings, such as work relating to the trial of_ relocation center issues, opposition to low power testing, the July 11 legal authority brief, the July 17 diesel brief, and matters arising from Executive Order 1985-1.
The processing of this invoice may be an additional matter for discussion.
I propose that we meet in Washington, D.C.,
since you may wish to look over some files during the course of our meeting.
Please let me know when we can meet.
Sincerely yours, Lawrence Coe Lanpher LCL/dah
d July 26, 1985 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 (OL) a I hereby certify that a copy of the attached letter to the Nuclear Regulatory Commission dated July 26, 1985, was served on the following persons by U. S. Mail, first-class, postage prepaid.
'T Chairman Nunzio J. Palladino Alan S. Rosenthal, Chairman United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board 1717 H Street, N.W.
U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Fifth Floor (North Tower)
Commissioner James K. Asselstine East-West Towers United States Nuclear 4350 East-West Highway Regulatory Commission Bethesda, MD 20814 1717 H Street, N.W.
Washington, D.C.
20555 Gary J.
Edles Atomic Safety and Licensing Commissioner Frederick M.
Bernthal Appeal Board United States Nuclear United States Nuclear Regulatory Commission Regulatory Commission 1717 H Street, N.W.
Fifth Floor (North Tower)
Washington, D.C.
20555 East-West Towers 4350 East-West Highway Commissioner Thomas M. Roberts Bethesda, MD 20814 United States Nuclear Regulatory Commission Howard A. Wilber 1717 H Street, N.W.
Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board United States Nuclear Commissioner Lando W.
Zech, Jr.
Regulatory Commission United States Nuclear Fifth Floor (North Tower)
Regulatory Commission East-West Towers 1717 H Street, N.W.
4350 East-West Highway Washington, D.C.
20555 Bethesda, MD 20814
e i
Samuel J. Chilk Lawrence Brenner, Esq.
Secretary of the Commission United States Nuclear Atomic Safety and Licensing Board Panel Regulatory Commission United States Nuclear Washington, D.C.
20555 Regulatory Commission 4350 East-West Highway Dr. Peter A. Morris Fourth Floor (West Tower)
' Atomic Safety and Licensing Bethesda, Maryland 20814 Board Panel United States Nu. clear Judge James L.
Kelley Regulatory Commission 4350 East-West Highway Chairman, Atomic Safety and Licensing Board Fourth Floor (West Tower)
U.S. Nuclear Regulatory Comm.
Bethesda, Maryland 20814 Fourth Floor East-West Towers (West Tower)
Dr. George A.
Ferguson 4350 East-West Highway Atomic Safety and Licensing Bethesda, MD 20814 Board School of Engineering Judge Glenn O.
Bright Howard University Atomic Safety and Licensing 2300 6th Street, N.W.
- Board, Washington, D.C.
20555 U.S.. Nuclear Regulatory Comm.
Fourth Floor Morton B.
Margulies, Chairman E,ast-West Towers (West Tower)
Atomic Safety and Licensing Board 4350 East West Highway U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Tower, Rm. 461A 43B0 East West Highway Judge Elizabeth B. Johnson Bethesda, MD 20814 Oak Ridge National Laboratory Building 3500 Dr. Jerry R.
Kline P.O. Box Atomic Safety and Licensing Board Oak Ridge,'Tenn. 37830 U.S. Nuclear Regulatory Commission East-West Tower, Rm. 427 Bernard M.
Bordenick, Esq.
4350 East-West Tower Robert G. Perlis, Esq.
Bethesda, MD 20814 Edwin J. Reis, Esq..
~
U.S. Nuclear Regulatory Comm.
Mr. Frederick J.
Shon 7735 Old Georgetown Road Atomic Safety and Licensing Board (to mailroom)
U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Tower, Rm. 430 4350 East-West Highway Bethesda, MD 20814
.o O
Fabian G.. Palomino, Esq.
Special Counsel to the Governor Donna Duer, Esq.
Executive Chamber, Rm. 229
-Atomic Safety and Licensing 1
Board Panel State Capitol U.S. Nuclear Regulatory Comm.
Albany, New York 12224 East-West Tower, North Tower 4350 East-West Highway Mary Gundrum, Esq.
Bethesda, MD 20814 Assistant Attorney General 2 World Trade Center Room 4614 James B. Dougherty, Esq.
New York, New Yo'rk 10047 3045 Porter Street Washington, D.C.
20008 Stewart M. Glass, Esq.
Regional Counsel Jay Dunkleberger, Esq.
Federal Emergency New York State Energy Office Management Agency Agency Building 2 26 Federal Plaza, Rm. 1349 Empire State Building New York, New York 10278 Albany, New York 12223 Stephen B. Latham, Esq.
Mr. Martin Shubert John F. Shea, Esq.
c/o Congressman William Carney Twomey, Latham & Shea 1113 Longworth House Office 33 West Second Street Building P.O. Box 398 Washington, D.C.
20515 Riverhead, New York 11901 Docketing and Service Counsel to the Governor Branch (3)
Executive Chamber.
Office of the Secretary State Capitol U.S. Nuclear Regulatory Comm.
Albany, New York 12224 Washington, D.C.
20555 Jonathan D. Feinberg, Esq.
Hunton & Williams, Esgs.
New York State Department of 707 East Main Street Public Service, Staff Counsel Richmond, Virginia 23219 Three Rockefeller Plaza Albany, New York 12223 Spence W.
Perry, Esq.
Associated General Counsel Federal Emergency i
Management Agency 500 C Street, S.W.
Room 840 Washington, D.C.
20472
e y
Atomic Safety and Licensing Ralph Shapiro, Esq.
Board Panel Cammer and Shapiro, P.C.
U.S.
Nuclear Regulatory Commission 9 East 40th Street Washington, D.C.
20555 New York, New York 10016 Atomic Safety and Licensing Kirkpatrick & Lockhart, Esq.
Appeal Board Panel 1900 M Street M.W.
U.S.
Nuclear Regulatory Commission Washington, D.C.,
36 Washington, D.C.
20555 bM u
Martin Bradley AshaYs Suffolk County Attorney Department of Law County of Suffolk H.
Lee Dennison Building
eterans Memorial Highway Hauppauge, New York, 11788 Dated:
July 26. 1985
.