ML20127B546

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Forwards Lilco Response Opposing Suffolk County & State of Ny 850617 Motion for Stay for ASLB Decision LBP-85-18, Granting Low Power Ol.Amended Response May Be Filed Following Svc of County Motion
ML20127B546
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/20/1985
From: Irwin D
HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To: Asselstine J, Bernthal F, Palladino N, Roberts T, Zech L
NRC COMMISSION (OCM)
Shared Package
ML20127B550 List:
References
CON-#285-544 LBP-85-18, OL, NUDOCS 8506210521
Download: ML20127B546 (2)


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6-HUNTON & WILLI AM s 2000 PENNSYLVANIA AVENUE. N.W.

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Nunzio J. Palladino, Chairman Commissioner James K. Asselstine hC N SY8 b Commissioner Frederick M.

Bernthal BRANCH Commissioner Thomas M. Roberts BY HAND Commissioner Lando W.

Zech, Jr.

U.S. Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C.

20555 Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1)

NRC Docket 50-322-OL

Dear Chairman Palladino and Commissioners:

LILCO understands that the firm of Kirkpatrick &

Lockhart has served on you copies of a motion for a stay of the

. decision by the Licensing Board in LBP-85-18, authorizing issu-ance of a low power license for the Shoreham station.

LILCO has not yet been served with copies of these papers, but under-stands that, but for Mr. Lanpher's cover letter, they are sub-stantially similar to those filed with, and rejected by, the Appeal Board in a Memorandum and Order of yesterday's date.

On this understanding, LILCO submits herewith a copy of the oppo-sition it filed with the Appeal Board yesterday.

LILCO will amend its papers as necessary if and when served by Kirkpatrick

& Lockhart.

We understand that Mr. Lanpher's cover letter states that the Appellate Divison had today " lifted" the previous stay of Judge Doyle's decision.

While we have not yet received the series of housekeeping orders entered today by the Appellate Division,~we understand that that Courts (1) reversed Judge Doyle's denial of LILCO's intervention; (2) denied appellees' request that it decide the question of representation of Suffolk Countyr and (3) merely concluded that the normal provi-sion for an automatic stay pending appeal, without application therefor, did not apply in cases such as t

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this where'both sides purport to represent the interest of a municipal corporation.

The substance of Judge Doyle's decision i

is, of course, on appeal now before the Appellate Division.

Respectfully submitted, p6($/ k L u ' i N ;,;, v C

Donald P.

Irwin Counsel for Long Island Lighting Company 91/gh l

Enclosures l

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