ML20127E999
| ML20127E999 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/21/1985 |
| From: | Lanpher L KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | Palladino N NRC COMMISSION (OCM) |
| Shared Package | |
| ML20127F003 | List: |
| References | |
| CON-#285-545 CLI-85-12, OL, NUDOCS 8506240745 | |
| Download: ML20127E999 (2) | |
Text
KIRKPATRICK & LOCKHART 1900 M STREET, N.W.
WASHINoToN, D.C. 20036 ONE BOSTON Pl. ACE TE12 PHONE 002) 452 7000 h7 1428 SluCKII.L AVENUE Til.ECOPER 002) 452 7052 wtAug, FL 33333 0 05) 3744112
=
LAWRENCE CoE LANPHER H
co2) *52*lt June 21, 1985 ei2> m45m up.:c
'85 JLN 21 P3.56 BY HAND GO !:: -
Chairman Nunzio J.
Palladino
[.'y United States Nuclear Regulatory Commission 1717 H Street, N.W.
Washington, D.C.
20555 Re:
Docket No. 50-322-OL
Dear Commissioner Palladino:
We are in receipt of Mr. Ashare's letter to you dated June 20, 1985.
As Mr. Ashare stated, the purported change in County position which on June 4 and subsequently he has attempted to put forward on behalf of Suffolk County, has been declared null and void.
See Order of New York State Supreme Court, Judge Doyle, dated June 10, 1985.
We agree with Mr. Ashare that pending resolution by the New York courts of the dispute concerning representation of the County, the wisest course is for the Commission (and its adjudicatory boards) to defer consideration of all Shoreham-related matters.
To do so, the Commission would have to extend the Appeal Board's stay of the June 14 ASLD decision authorizing a low power license beyond its current expiration time of 5:00 p.m., June 24, 1985, unless the Commission decides in the interim to grant on the merits the stay motion filed by New York and Suffolk County yesterday.
We must correct one statement contained in Mr. Ashare's letter, however, regarding the scope of the State Supreme Court Order which restrains his conduct.
That Order states, among other things, the following:
ORDERED:
(d) that the respondent is enjoined from withdrawing or modifying the County's opposition to the issuance by the NRC to LILCO of a low power operating license for Shoreham.
Order at 3-4 (emphasis added).
The Court's order is unambiguous and categorical no modification of the County's position in b$N2 r so.2
KIRKPATRICK & LOCKHART Nunzio J.
Palladino June 21, 1985 Page 2 opposition to the issuance of a low power license is permitted.
T,he County Attorney's view that on behalf of the County he can l
withdraw the argument that the NRC's violation of NEPA (a) requires a stay of the June 14 ASLB decision authorizing a low power license, and (b) requires denial of that license on the merits unless and until the NRC has complied with NEPA, is contrary to the explicit language of the order prohibiting modification of the County's position.
As the Commission is i
aware, since June 1983, the County has consistently and repeatedly urged that the NRC's violation of NEPA requires denial of a low power license.
All the positions and arguments put forward by the County prior to June 4th, and all actions taken by this firm on behalf of the County subsequent to that date, constitute the sole position of Suffolk County as mandated by the Court's Order.
Enclosed herewith is a Supplement to Suffolk County and State of New York Stay Motion, which addresses CLI-85-12.
Very truly yours,
/
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[awrelH/hO ! 4
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nce Coe Lanpner LCL:so Enclosure cc:
Commissioner James K. Asselstine Commissioner Thomas M. Roberts i
Commissioner Frederick M.
Bernthal Commissioner Lando W.
Zech, Jr.
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