ML20127J917
| ML20127J917 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/24/1985 |
| From: | Irwin D HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#285-568 OL-3, NUDOCS 8506270182 | |
| Download: ML20127J917 (8) | |
Text
ifd LILCO, Juna 24, 1985 1
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSTION B%gED Before the Atomic Safety and Licensing B yrdJtN 25 A10:43 0FF CE CJ SECPE,
00C%IiNG A SEF" '
E R;.NCW.
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL-3
)
(Emergency Planning)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
LILCO'S RESPONSE TO LAST-MINUTE MOTIONS BY THE STATE OF NEW YORK AND KIRKPATRICK & LOCKHART TO POSTPONE RELOCATION CENTER HEARINGS SCHEDULED TO COMMENCE ON JUNE 25, 1985 On June 19, this Board sua sponte conferred with all parties to the Shoreham Emergency Planning Hearings by telephone (Tr.
15,804-840) with respect to the continued viability of the sched-uled June 25 hearing date on the adequacy of the Nassau Coliseum as a relocation center; reached certain conclusions with respect to the conduct of the hearing; and decided to leave the hearing date in place.
Both New York State and Kirkpatrick & Lockhart (but not the Suffolk County Attorney) have subsequently filed pa-pers seeking to reclamor that decision.1/
Both papers argue that 1/
The New York State paper is entitled " Motion of the State of New York for a Continuance of the Hearings Scheduled to Commence on June 25, 1985."
That filed on behalf of Kirkpatrick & Lockhart is a letter to this Board.
Both are dated June 21, 1985.
hf fD DR O
h
'T)E)
\\
- the current " confusion" in legal representation of Suffolk County (a matter occasioned solely by the refusal of the firm of Kirkpatrick & Lockhart to withdraw from representation after having been dismissed by the County Attorney pursuant to his pow-ers under the Suffolk County Charter) requires a delay in these fact-finding hearings on the Coliseum.
The New York State paper also argues that the hearings should be simply cancelled because this licensing Board has ruled earlier that LILCO, acting alone, does not have the legal authority to implement its emergency plan, whatever its merits may be on the facts.
Both of these papers should be summarily denied.
Neither of them presents anything that was not discussed and argued by the parties, and resolved by the Board, on the June 19 conference call.
With respect to the alleged " confusion" in representation of Suffolk County, the Board and parties worked out arrangements to permit both putative legal representatives of Suffolk County to participate without limitation (certainly, without limitation on Kirkpatrick & Lockhart) in the hearing.
The suggestion that this proceeding ought to be delayed to await the outcome of the pending New York State litigation misses the mark:
the New York State litigation will determine only the validity of Executive Order 1-1985.
It will not determine the question of legal representa-tion of Suffolk County.2/
Thus, the issue of conflicting 2/
Attorneys aligned with the firm of Kirkpatrick & Lockhart in the New York State litigation, representing the towns of (Continued)
representation will not be put to rest by any actions filed thus far.
Finally, Mr. Ashare's comments to the Commission with re-spect to deferral of its issuance of a 5% license for Shoreham go simply to a different problem than to that of completing a direct fact-finding record and decisional process, which is this Board's task; their citation here is unpersuasive.
The general suggestion in New York State's paper, that be-cause of this Board's legal authority ruling no further proceed-ings should take place on any factual issues, merely reclamors a matter decided by this Board last Wednesday, without raising any-thing new (Tr. 15,816-17, 15,822, 15,836).
Neither of the sponsors of these last-minute motions made any complaint at all as to the hearing schedule until this Board exer-cised its own initiative on June 19, despite the schedule having been in place for several weeks.
Neither of them suggests that any of the relevant operative facts concerning the subject of the hearing -- the Coliseum -- have changed or will change, or that the witnesses' views will change.
In short, there is nothing raised by these last-minute papers to compel this Board's reversal (Continued From Previous Page)
Southampton, et al. and various Suffolk County legislators, sought to have the Appellate Division take up the question of representa-tion of Suffolk County in the NRC proceedings.
The Appellate Di-vision, in an order issued Thursday (attached), ruled that that issue was not properly before it and stated that it would not de-cide it.
~
-4 of the conclusions it reached in the June 19 conference call.
They should be denied.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY,
)
D6nald P.
Irwin James N. Christman Hunton and Williams 707 East Main Street Post Office Box 1535 Richmond, Virginia 23212 DATED: June 24, 1985
LILCO, Juna 24, 1985 CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 I hereby certify that copies of LILCO'S Response to Last-Minute Motions by the State of New York and Kirkpatrick &
Lockhart to Postpone Relocation Center Hearings Scheduled to Commence on June 25, 1985 were served this date upon the fol-lowing by first-class mail, postage prepaid or, as indicated by an asterisk, by telecopier:
Morton B. Margulies,*
Secretary of the Commission Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing East-West Tower, Rm. 402A Appeal Board Panel 4350 East-West Hwy.
U.S. Nuclear Regulatory Bethesda, MD 20814 Commission Washington, D.C.
20555 Dr. Jerry R. Kline*
Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission East-West Tower, Rm. 427 Washington, D.C.
20555 4350 East-West Hwy.
Bethesda, MD 20814 Bernard M. Bordenick, Esq.
Oreste Russ Pirfo, Esq.
Mr. Frederick J.
Shon*
Edwin J.
Reis, Esq.
Atomic Safety and Licensing U.
S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission (to mailroom)
East-West Tower, Rm. 430 Bethesda, MD 20814 4350 East-West Hwy.
Bethesda, MD 20814
Donna Duer, Esq.
Stewart M. Glass, Esq.
Attorney Regional Counsel Atomic Safety and Licensing Federal Emergency Management Board Panel Agency U.
S. Nuclear Regulatory 26 Federal Plaza, Room 1349 Commission New York, New York 10278 East-West Tower, North Tower 4350 East-West Highway Stephen B. Latham, Esq.
Bethesda, MD 20814 Twomey, Latham & Shea 33 West Second Street Fabian G. Palomino, Esq.*
P.O. Box 398 Special Counsel to the Riverhead, New York 11901 Governor Executive Chamber Ralph Shapiro, Esq.
Room 229 Cammer & Shapiro, P.C.
State Capitol 9 East 40th Street Albany, New York 12224 New York, New York 10016 Mary Gundrum, Esq.
James Dougherty, Esq.
Assistant Attorney General 3045 Porter Street 2 World Trade Center Washington, D.C.
20008 Room 4614 New York, New York 10047 Jonathan D. Feinberg, Esq.
New York State Department of Herbert H. Brown, Esq.*
Public Service, Staff Counsel Lawrence Coe Lanpher, Esq.
Three Rockefeller Plaza Christopher McMurray, Esq.
Albany, New York 12223 Kirkpatrick & Lockhart 8th Floor Spence W.
Perry, Esq.
1900 M Street, N.W.
Associate General Counsel Washington, D.C.
20036 Federal Emergency Management Agency MHB Technical Associates 500 C Street, S.W.
1723 Hamilton Avenue Room 840 Suite K Washington, D.C.
20472 San Jose, California 95125 Ms. Nora Bredes Mr. Jay Dunkleberger Executive Coordinator New York State Energy Office Shoreham Opponents' Coalition Agency Building 2 195 East Main Street i
Empire State Plaza Smithtown, New York 11787 Albany, New York 12223 i
f h
m -.. - - _.-. - - - -,-.- -.-_ _
Gerald C. Crotty, Esq.
Martin Bradley Ashare, Esq.*
Counsel to the Governor Suffolk County Attorney Executive Chamber H. Lee Dennison Building State Capitol Veterans Memorial Highway Albany, New York 12224 Hauppauge, New York 11788 Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED:
June 24, 1985 I
JLt1.21 '85 10:27 HJ4TCri WILLIftS NY P.02 1938j Mot. No. 74 s tay In the Matter of Wayne Prospect.
et al., respondents, V Peter F.
Cohalan, County Executive of tne County of Suffolk, appellant.
In the Matter of The Town of Southampton, et al.,
respondents, v Peter F. Cohalan, County Executive of the County of Suffolk, appellant.
Motion by cer tain Suffolk County towns to vacate, pursuant to CPLR 5519 '(c), a purported automatic stay of all proceedings to enforce a judgment of the Supreme Court, Suffolx County (Doyle, J.), dated June 10, 1985 pending appeal.
Motion granted to the extent that the subject' judgment shall remain in full force and effect pending the determination of the appeal tnerefrom.
We note tnat the issues of wno should properly represent the County of Suf folk in related matters involving tne Shoreham Nuclear Power Plant and the status, if any, in tnese related matters of the law firm of Kirkpatrick & Lockhart, were not argued before Special Term and were not determined in the subject judgment, and we deem it inappropriate, under the circumstances, particularly in the absence of a complete record wita respect tnerato, to decide these issues on tne appeal from tne judgment.
3
- MOLLEN, F.J., MANGANO, BROWN, :fEINSTEIN and RUSIN, JJ., concur.
t l
u