ML20129A619
| ML20129A619 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/03/1985 |
| From: | Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#285-266 CLI-85-01, CLI-85-1, OL-4, NUDOCS 8506040679 | |
| Download: ML20129A619 (9) | |
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fUNITED' STATES;OF AMERICA NUCLEAR REGULATORY COMMISSION NC{PC US Before the Commission '85 MIA -3' PI:25-
-In'the Matter of
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LONG ISLAND LIGHTING COMPANY-
)
(Shoreham Nuclear - Power Station)-
DocN t No 5
OL-4 SUFFOLK COUNTY MOTION.FOR POSTPONEMENT OF ' ORAL ~ ARGUMENT
- By-Notice dated May 30, 1985, the Commission scheduled oral argument for 2:00-p.m. on June 4, 1985 on issues relate'd to Phase III/IV licensing'of Shoreham.
Because.of developments
..on May-31 and June 3, 1985, Suffolk. county asks that the oral argument be postponed.
Since February 1983, Suffolk County has-taken the position
'that Shoreham should not be licensed for.any power level of operation because effective and implementable emergency pre-
~paredness is.not possible.
The County has resolved not to adopt or implement a plan for Shoreham, and the New York State Supreme Court and the NRC's emergency planning licensing board have ruled that LILCO lacks the legal authority to implement a plan on its own.
LILCO's lack of legal authority would be addressed at the June 4 oral argument before the Commission because the lack of legal authority and the NRC's alleged NEPA violation are pre-sented.for decision in the County / State Petition for Reconsideration of'CLI-85-1.
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[
Late on May 30, 1985, Suffolk County Executive Peter F.
Cohalan issued an Executive Order (served on the Commission and parties by LILCO on May 31) directing County personnel:
to complete a review and evaluation of [LILCO's plan) and carry out and cause to be conducted a test and exercise of the.
Plan.
I further direct that agents of the County of Suffook assume the function of command and control with implementation of the police powers of the County of Suffolk over the conduct of said test and exercise.
Mr. Cohalan is reported in the press as stating that if the exercise is successful, he is prepared to support operation of Shoreham.
If Mr. Cohalan's new positica constitutes the policy and position of Suffolk County, there will likely be a significant impact on the course of Shoreham-related ' proceedings.
- However,
.as LILCO noted in its May 31 letter to the NRC Commissioners,
"[i]t is too early to tell the exact contours of its effects."
By letter telecopied earlier today, a majority of the Suffolk County Legislature advised the undersigned law firm, as counsel to Suffolk County, that Mr. Cohalan's new position is unlawful because it conflicts with the suffolk County Charter and with Resolutions of the Suffolk County governmcnt (Rosolution Nos.
262-1982, 456-1982, and 111-1983).
The Legislators' letter states, "[T]he Executive Order is beyond the authority of the County Executive and should be considered null and void."
The Legislature has instructed counsel not to adhere to the Executive Order and to seek postponement of the Commission's June 4 oral argument.
A copy of the Legislature's letter is attached hereto (Attachment 1).
i
. _ g_
As is clear from the foregoing, a conflict exists between
!the Suffolk. County Resolutions and the Executive's Order.
Until the conflict is resolved, the County is unable to present oral
. argument, because-the position of the County is unclear.
It appears that the~ conflict will be resolved expeditiously.
The
-attached. letter states that Members of the Legislature " intend
.to initiate legal action later this week to ob'tain a prompt judicial resolution of this conflict."
Given the foregoing circumstances, the Commission is hereby
~
l
-requested to postpone the June 4 argument.
No useful purpose would be served by holding oral argument when a primary party to the proceeding is temporarily unable to participate on the merits of the pending issues.
The County will keep.the commission informed of pertinent developments concerning this matter.
Respectfully submitted, Martin Bradley Ashare Suffolk County Department of Law H. Lee Dennison Building Veterans Memorial Highway Hauppauge,'New York 11788 3
Herbert H. Brown Lawrence Coe Lanpher l.
Karla J. Letsche l
KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Attorneys for Suffolk County i
June 3, 1985 i
i
ATTACIO1ENT 1 June 3, 1985 Kirkpatrick & Lockhart 1900 n Street, N.W.
Washington, D.C. 20036
Dear Mr. Brown:
We have been in contact with a majority of the Suffolk County legislators and have been authorized by each of those individuals to represent to you that they subscribed to the contents of the attached letter.
The purpose of this correspondence is to make sure that there are no obstacles placed in the way of effective legal representation in proceedings concerning the Shoreham plant.
Just as soon as we are able to circulate it among the legislators, a signed copy of the leter will be sent to you.
Sincerely, N
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Hon. Wa re Prospec Ho Blass Suffolk County Legislator Suffolk County Legislator 15th District 1st District I
WP:gjh
, encl.
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'IE
r OFFICE OF THE COUNTY LEGISLATURE C2:UNTY OF SUFFOLK -
From:
The Suffolk County Legislature To:
Kirkpatrick & Lockhart 1900 M Street, N.W.
Washington, D.C. 20036 Date:
June 3, 1985
Dear Mr. Brown,
We have received copies of your letter dai:ed May 31, 1985 to the Suffolk County Attorney.
This is to advise you that your are correct in your
. understanding that Kirpatrick and Lockhart is retained to represent the County of Suffolk and not the County Exeuctive in an independent capacity.
The Executive Order Number 1-1985, signed on Miy 30th by the County Executi.ve is in violation of the Suffolk County Charter and Suffolk County resolutions 262-1982, 456-1982 and 111-1983.
Accordingly, the Executive Order !s beyond the authority of the County Executive and should be considered null and void. Members of the legislature intend to initiate legal action later this week to obtain a prompt judicial resolution of this conflict.
Suffolk County wishes to emphasize that the contract of retainer with Kirkpatrick and Lockhart remains in effect and that the law firm should continue to represent and promote the interests of Suffolk County in accordance with those resolutions and others tily enacted by the county of Suffolk.
In the event that the present conflict between the county's resolutions and the executive's order create logistical problems with respect to any pending litigation or other proceedings, we are instructing you, as necessary, to notify the concerned parties and tribunals of such conflict and to request a postponement, where appropriate, or other temporary remedies until this matter is resolved in Suffolk County.
We also request that you seek a postponement of the oral argument scheduled on June 4th before the Commissioner's of the Nuclear Regulatory Commission concerning low power licensing issues.
-June 3, 1985 Page.Two
.Moreover, we want to emphasize'that you should no longer adhere to the unilateral restrictions of your activities imposed by the letter to you from Chief Deputy County Executive, John Gallagher, dated April 18, 1985.
Such restrictions, particularly in light of County Executive Cohalan's reversal of position, create obstacles to efficient and effective representation of the interests of the County of Suffolk, and are accordingly pr! judicial to the pursuit of the county's resolutions and public welfare.
We also request that you keep e.T.bers of the legislature informed of all significant filings which are made on the county's behalf, and any significant activities in,
which you believe we should be properly informed.
9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission DCCXETED
)
C In the Matter.of
)
) Docket No. 50-322-OL-4
{
LONG' ISLAND LIGHTING COMPANY
)
(Low Power %5 WN -3 PI :25
{
(Shoreham Nuclear. Power Station,
)
Unit 1)
)
0FFICE OF SECstb :
00CKEilNG & SERVKJ.
I BRANCH
.{
CERTIFICATE OF SERVICE I hereby. certify that copies of Suffolk County Motion for Postponement Of Oral Argument have been served on the following lthis 3rd day of June, 1985, by U.S. mail, first class, except as otherwise noted.
Judge James.L. 1;elley Edward M. Barrett, Esq.
Atomic Safety and Licensing Board Long Island Lighting Company U.S. Nuclear Regulatory Commission 250 Old Country Road Washington, D.C.
20555 Mineola, New York-11501 Judge Glenn O.
Bright Honorable Peter Cohalan Atomic Safety and Licensing Board Suffolk County Executive U.S. Nuclear Regulatory Commission H. Lee Dennison Building Washington, D.C.
20555 Veterans Memorial Highway Hauppauge, New York 11788 Judge Elizabeth B. Johnson Oak Ridge National Laboratory
- Fabian Palomino, Esq.
P.O. Box X, Building 3500 Special Counsel to the Oak Ridge, Tennessee 37830 Governor Executive Chamber, Room 229 Atomic Safety and Licensing State Capitol Appeal' Board Albany,.New York 12224
~U.S. Nuclear Regulatory. Commission Washington, D.C.
20555
- W. Taylor Reveley, III, Esq.
Anthony F. Earley, Jr., Esq.
- Edwin J.
Reis, Esq.
Robert M. Rolfe, Esq.
Bernard M. Bordenick, Esq.
Hunton & Williams Office of Exec. Legal' Director 707 East Main Street U.S. Nuclear Regulatory Commission Richmond,. Virginia 23212 Washington, D.C.
20555
"1
- i....... -.,.,,.
Mr. Martin Suubert James Dougherty, Esq.
c/o Cong. William Carney 3045 Porter Street, N.W.
1113 Longworth House Office Washington, D.C.
20008 Building Washington, D.C.
20515 Mr. L. F. Britt Long Island Lighting Company Martin Bradley Ashare, Esq.
Shoreham Nuclear Power Sta.
Suffolk County Attorney P.O. Box 618 i
H. Lee Dennison Building North Country Road I
Veterans Memorial Highway Wading River, New York 11792 Hauppauge, New York 11788 Jay Dunkleberger, Esq.
Docketing and Service Branch New York State Energy Office Office of the Secretary Agency Building 2 U.S. Nuclear Regulatory Commission Empire State Plaza Washington, D.C.
20555 Albany, New York 12223
- Nunzio J. Palladino, Chairman
- Comm. Frederick M.
Bernthal U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.
Room 1114 Room 1156 1717 H Street, N.W.
1717 H Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20555
~
- Commissioner Lando W.
Zech, Jr.
- Comm. Thomas M. Roberts a
U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatcry Comm.
)
Room 1113 Room 1103 1717 H Street, N.W.
1717 H Street, N.W.
i Washington, D.C.
20555 Washington, D.C.
20555
- ' Commissioner James K. Asselstine Stephen B. Latham, Esq.
U.S. Nuclear Regulatory Commission John F.
Shea, Esq.
2 Room 1136 Twomey, Latham and Shea 7
1717 H Street, N.W.
33 West Second Street 3
Washington, D.C.
20555 Riverhead, New York 11901
]
- Herzal Plaine, Esq.
Lawrence J.
Brenner, Esq.
U.S. Nuclear Regulatory Commission Administrative Judge 10th Floor Atomic Safety & Licensing Bd.
1717 H Street, N.W.
U.S. Nuclear Regulatory Comm.
j Washington, D.C.
20555 Washington, D.C.
20555 5
1
-3 Dr. George A.
Ferguson Dr. Peter A. Morris Administrative Judge Administrative Judge Atomic Safety & Licensing Board Atomic Safety & Licensing Bd.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 washington, D.C.
20555 3:
Morton B. Margulies, Esq.
Dr. Jerry R. Kline 3
Administrative Judge Administrative Judge g
Atomic Safety & Licensing Board Atomic Safety & Licensing Bd.
=
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.
J Washington, D.C.
20555 Washington, D.C.
20555 1
Y G
- s 1
I
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.=
Mr.. Frederick J. Shon Mr. Frank R. Jones Administrative Judge Deputy County Executive Atomic _ Safety & Licensing Board H. Lee Dennison Building U.S. Nuclear Regulatory Commission Veterans Memorial Highway
- Washington, D.C.
20555' Hauppauge, New York 11788 Stewart M. Glass, Esq..
Joel Blau, Esq.
' Regional Counsel New York Public Service Comm.
Federal Emergency Management Agency Gov. Rockefeller Building New York, : New York 10278 Empire State Plaza Albany,-New York 12223
' Atomic' Safety.and Licensing Board Panel Mr. Stuart Diamond U.S. Nuclear Regulatory Commission Business / Financial Washington, D.C.
20555 NEW YORK TIMES New York, New York 10036 MHB Technical Associates 1723 Hamilton Avenue Spence Perry, Esq.
Suite K Associate General Counsel San Jose, California 95125 Fed. Emergency Mgmt. Agency Washington, D.C.
20472 Jonathan D. Feinberg, Esq.
Staff Counsel E. Milton Farley, III, Esq.
New York State Public Service Hunton & Williams Commission P.O. Box 19230 3 Rockefeller Plaza 2000 Pennsylvania Ave.,
N.W.
Albany, New York 12223 Washington, D.C.
20036 Ms. Nora Bredes Odes L.
Stroupe, Jr., Esq.
Executive Director Hunton & Williams Shoreham Opponents Coalition P.O. Box 109 195 East Main Street 333 Fayetteville Street Smithtown, New York 11787 Raleigh, North Carolina 27602 Herbert H. Brown KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:
June 3, 1985 By. Hand By Telecopy
_