ML20127A693

Requests NRC Grant Short Postponement of Util Emergency Planning,Pending Ny State Court of Appeals Resolution of Order Enjoining County Executive from Modifying Suffolk County Position.Certificate of Svc Encl

ML20127A693
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/20/1985
From:	Ashare M SUFFOLK COUNTY, NY
To:	Palladino N NRC COMMISSION (OCM)
References
CON-#285-517 OL, NUDOCS 8506210227
Download: ML20127A693 (6)

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I COUNTY OF CUFFOLK PttsR fr. COHALAN surreLM county suscutavs MARTIN sRADLsY ASNARs CEPARTMENT OF L.AW couNTv Arro=Nay ,33,,,, ,u c ,,,

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'85 JUN 20 P3:53 BY TELECOPIER r n .c c : :..

June 20,1985 {[0'CifiiNGTSEYVif BRANCH Chaiman Nunzio J. Palladino g46 United States Nuclear Regulatory Commission NN h S 1717 H Street, N. W. PROD. & W1. FAC .... _

Washington, D.C. 20555

Dear Commissioner Palladino:

As you already know, suff olk County modified its position concerning both emergency planning and NEPA during argument before the commission on June 4,1985. The County's modification of its position was pursuant to the County's Executive Order #1 issued on May 30, 1985 by Suff olk County Executive Peter F. Cohalan directing County personnel to review, evaluate and test the local emergency response plan before FDIA.

Subsequent to June 4,1985, litigation was commenced in New York State Supreme Court challenging ther County Executive's authority to modify the County's position concerning emergency planning.

The judgment rendered in New York State Supreme Court, our icwer court, determined that the Executive Order #1 was null and void and an order was issued enjoining the County Executive and all his agents f rom taking any steps to implement the Executive Order.

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e Commissioner Palladino June 20,1985 Page 2 This judgment was appealed to the Appellate Division, Supreme Court, Second Department, and was believed to have been auto-matica11y stayed pending the outcome of the appeal. On June 19, 1985, the Appellate Division heard oral argument on the appeal.

On June 20, 1985, this office was advised by the Appellate Division that the a stay was not available in this case. In short, we were notified that the judgment under appeal remained in effect.

The County Attorney is, therefore, bound by Judge Doyle's order enjoining us and all County personnel from modifying the policy and legal position of Suff olk County with regard to Shoreham. It is our view, that the f orce of this judgment is to require the County Attorney to oppose the licensing of Shoreham based on the inadequacy of the local energency response plans. It is also our position that the judgment has no bearing on NEPA, and as such does not require that we deviate f rom our present position withdrawing our objection to the issuance of a low power license on this basis. However, it should be noted that the operative eff ect of said judgment is in dispute and requires clarification f rom the Appellate Division.

In view of the dispute concerning the legal and policy positions the County Attorney is entitled to take, we are constrained not to submit any papers to the NRC on behalf of Suff olk County until the Court rules on the pending appeal.

We ask, therefore, in view of this extraordinary dilemma that the tac def er any further consideration of this matter until ,

the New York State Court of Appeals resolves these questions. It is anticipated that the Appellate Divison will render a decision on June 21, 1985. This matter can be brought to the Court of Appeals on an expedited basis. It is anticipated that the entire question can be resolved within a one to two week period. A short delay at this juncture, rather than prejudice the parties will have the effect of clarifying our position and hence the issues.

In light of the above, we strongly urge you to grant our request for a short postponenent of this matter.

Very truly yours,

$f s/

MARTIN BRADLEf ASHARE Suf f olk County Attorney HD A/ dag

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' June 20, 19 85 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 (OL)

I hereby certify that a letter to the Nuclear Regulatory

' Commission f rom the Suff olk County Attorney dated June 20, 1985, was served on the f ollowing persons as indicated:

• Tele copy

• • Zap Mail

• • • First Class Mail

• • • • Hand Delivered Chairman Nunzio J. Palladino* Alan S. Rosenthal, Chai rman*

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 Fif th Floor (North Ttwer)

Commissioner James K. Asselstine* East-West Towers

United States Nuclear 435 0 East-West Highway Regulatory Commission Bethesda, MD 20 814 1717 H Street, N. W.

. Washington, D.C. 20555 Ga ry J . Edles*

Atomic Saf ety and Licensing Commissioner Frederick M. Bernthal* Appeal Board United States Nuclear United States Nuclear Regulatory Commission Regulatory Commission 1717 H Street, N. W. Fif th Floor (No rth Tower)

Washington, D.C. 20555 East-West Towers 4350 East-West Highway Commissioner Thomas M. Robert s* Bethesda, MD 20814 United States Nuclear Regulatory Commission Howard A. Wilbe r*

1717 M Street, N. W. Atomic Saf ety and Licensing Washington, D.C. 20555 Appeal Board United States Nuclear Commissioner Lando W. Zech, Jr.* Regulatory Commission United States Nuclear Fif th Floor (North Tower)

Regulatory Commission East-West Towers 1717 M Street, N. W. 435 0 East-West Highway Washington, D.C. 20555 Bethesda, MD 20 814

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) o Samuel J . Chilk* Lawrence Brenner, Esq.*

Secretary of the Commission Atomic Saf ety and Licensing United States Nuclear Board Panel Regulatory Commission United States Nuclear Washington, D.C. 20555 Regulatory Commission 4350 East-West Highway Dr. Peter A. Morria* Fourth Floor (West Tower Atomic Safety and Licensing Bethesda, Maryland 20814 Board Panel United States Nuclear Judge James L. Kelley*

Regulatory Commission Chairman, Atonic Saf ety and 435 0 East-West Highway Licensing Board Fourth Floor (Weat Tower) U. S. Nuclear Regulatory Comm.

Bathesda, Maryland 20814 Fourth Floor East-West Towers (West Tower)

Dr. George A. Ferguson** 4350 East-West Highway Atomic Safety and Licensing Betheade, MD 20 814 Board School of Engineering Judge Glenn O. Bright

• Howard University Atomic Safety and Licensing 23 00 6 th Street, N. W. Boa rd, Washington, D.C. 20555 U. S. . Nuclear Regulatory Comm.

Fourth Floor Morton B. Margulies, Chai rma n* East-West Towers (West Towers)

Atcmic Safety and Licensing Board 4350 East West Highway U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Tower, Rm. 461A 435 0 East West Highway Judge Elizabeth B. Johnson **

Bothesda, 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 Ecst-West Tower, Rm. 427 Bernard M. Bordenick, Esq .**

4350 East-West Tower Robert G. Pe rli s, E sq .

Bothesda, 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 Bothesda, MD 20814 1

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Fabian G. Palomino, Esq.** Donna Due r, Esq.*

Special Counsel to the Governor Atomic Safety and Licensing Executive Chamber, Rm. 229 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 York 10047 30 45 Porter Street Washington, D.C. 20008 Stewart M. Glass, Esq.**

RQgional Counsel Jay Dunklebe rger, Esq .**

FGderal _ Emergency New York State Energy Office Management Agency Agency Building 2 26 Federal Plaza, Rm. 1349 Empire State Building Nsw York, New York 10278 Alba ny , New York 12223 Stephen B. L a t h am, E sq .* * *

• 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 Rive rhead, New York 11901 Docketing and Service Counsel to the Governor ** Branch ( 3)*

Executive Chamber Of fice of the Secretary State Capitol U. S. Nuclear Regulatory Comm.

Albany, New York 12224 Washington, D.C. 20555 Jonathan D. Feinberg, E sq .** Hunton & Williams

• Ngw York State Department of 707 East Main Street Public Service, Staff Counsel Richmond, Virginia 23219 Three Rockef eller Plaza Albany, New York 12223

! Spence W. Pe rry, E sq . * ,

Associated General Counsel Federal Emergency i Management Agency 500 C Street, S. W.

Room 840 Wcchington, D. C. 20472 t

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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, E sq .

• Appeal Board Panel ** 1900 M Street M.W. .

U. S. Nuclear Regulatory Commiasion Washington, D.C. 20036 l Washington, D. C. 20555 l MARTIN BRADLEY ASHARE SUFFOLK COUNTY ATERNEY H. Lee Dennison Building Veterans Mmorial Highway Hauppauge, New York 11788 (516) 360-4049 By: . CMAU- 1, Eugene R; Kelley J Chief Dep ty County Atto N

Sworn to before me this g/;c4 day of June, 1985.

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