ML20127K645

Advises That If Representation Controversy Unresolved by 850812,Appeal Board Will Require All Attys Purporting to Represent Suffolk County Before NRC to Provide Detailed Statement Re Measures Taken to Obtain Resolution

ML20127K645
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/26/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	Ashare M, Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
References
CON-#285-594 OL, NUDOCS 8506270522
Download: ML20127K645 (1)

Text

594 4p.m h UNITED STATES 000KETED 8 i NUCLEAR REGULATORY COMMIMilON USNRC 5 j ATOMIC SAFETY AND LICENSING APPEAL PANEL WASHINGTON, D.C. 20555 June 26, 1985 0FFICE OF SECntiAr 7 00CKETING & SEPVlf1 BRANCH Martin Bradley Ashare, Esq. Herbert H. Brown, Esq.

Suffolk County Attorney Kirkpatrick & Lockhart H. Lee Dennison Building 8th Floor Veterans Memorial Highway 1900 M Street, N.W.

Hauppauge, New York 11788 Washington, D.C. 20036 Re: LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 OL

Dear Messrs. Ashare and Brown:

As you are aware, the Appeal Board has recorded its expectation that a definitive resolution of the current representation controversy will be obtained from a competent authority prior to August 12, 1985. (See the Board's June 18, 1985 order.) It appears that that controversy is being treated as wholly independent of the issue of the validity of Suffolk County Executive Order No. 1-1985 and, thus, will not be resolved in the current proceeding in the New York courts involving the executive order. (See June 20, 1985 order of the Appellate Division of the New York State Supreme Court, appended to the Long Island Lighting Company's June 24, 1985 filing with the Licensing Board in the emergency planning phase of this proceeding.)

Presumably, therefore, other steps have been instituted to procure an expeditious and controlling determination on the representation matter.

In the event that, by August 12, the representation matter has not received a definitive resolution, the Appeal Board will require all attorneys purporting to represent Suffolk County before the Nuclear Regulatory Commission to l provide it with a detailed statement respecting (1) what measures were taken to obtain such a resolution; and (2) when those measures were instituted.

Sincerely, C. %M 8506270522 PDR 850626 C. ean Shoemaker O ADOCK 05000322 Secretary to the PDR Appeal Board l cc: Donald P. Irwin, Esq.

! Robert G. Perlis, Esq.

l Docketing and Service Branch r

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