ML20132C648

Advises That Kirkpatrick & Lockhart Withdrawing as Counsel to Assist Suffolk County Atty in All facility-related Litigation,Per Encl .Certificate of Svc Encl

ML20132C648
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	07/26/1985
From:	Ashare M SUFFOLK COUNTY, NY
To:	Palladino N NRC COMMISSION (OCM)
References
CON-#385-976 OL, NUDOCS 8507300415
Download: ML20132C648 (9)

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, USMC PETER surroLK COUNTY F. COHALAN EXECUTIVE 85 JUL 29 PI : 4 MARTIN BRADLEY ASHARE CFffCE Gr Sicq DEPARTMENT OF LAW COUNTY ATTORNEY 00CXiTmG ^ SEFXo'o'acss atteo==umcarious

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July 26, 1985 United States Nuclear Regulatory Commission 1717 H Street, N.W.

Washington, D.C. 20555 Attn: Commissioner Nunzio J. Palladino, Chairman Re: Docket No. 5 0-3 2'2-O L Shoreham Nuclear Power Station Unit

Dear Commissioner Palladino:

Please be advised that the law firm of Kirkpatrick and Lockhart have decided to withdraw as counsel to assist the Suffolk County attorney in all Shoreham related litigation as per the attached letter.

We are meeting with Kirkpatrick & Lockhart on Tuesday, July 30, 1985 to make arrangements for the return of the County's files.

Very trul gj urs,

&' d Y MARTIN BRADLEY ASHA3'E SUFFOLK COUNTY ATTORNEY MBA:sm Encs.

cc: Service List

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8507300415 850726 PDR ADOCK 05000322 G PDR e H AUPP AUGo. NEW YORK 11700 m (516) 3E0-4049 VLTE R AP.S Mt:MCm AL HeGHW AY

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, KIRKPATRICK & LOCKHART 1900 M STREET, N.W.

WASHINGTON, D.C. 20036 ONE BOSTON PLACE BOSTON MAc::cs TE11 PHONE CO2) 452 7300 (617) 9715400 U 14IS BRICKELL AVENUE TELECortEA (202) 452 7052 MIAML FL 33131 (305) 174 4 112 LATRENCE CoE LANPHER , 3 c 3 CC 452*" July 24, 1985 ni2n55ao VIA FEDERAL EXPRESS MAIL Martin Bradley Ashare Suffolk County Attorney H. Lee Dennison Building 8th Floor Veterans Memorial Highway

.Hauppauge, New York 11788

Dear Marty:

Ne have received your letter of July 22, 1985 and also have reviewed Judge Brown's decision-of July 19, 1985 in which he ruled that County Executive Cohalan " acted within the scope of

. permissible statutory authority in discharging the law firm of Kirkpatrick and Lockhart." This decision appears to resolve the

. conflict under which we have been laboring, and to uphold the termination of the contract of February 22, 1982 between Suffolk County and this firm, and in the absence of a stay or a we will take no action inconsistent with the decision.1/ reversal, I suggest that we meet as soon as possible so that there can be a prompt resolution of outstanding matters. When we meet, there are three primary areas for discussion.

First, we need to discuss the status of various proceedings in which we have represented the County. The proceedings which need to be discussed in greatest detail are: the County appeal of the April 17 ASLB emergency planning partial initial decision (brief due August 30; we have drafts of some portions of the brief and will give you our views of the matters in that decision and in the pretrial pha~se leading up to that decision which merit the most intense appellate efforts); the LILCO legal authority

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1 appeal before the NRC Appeal Board (oral argument in Bethesda on l August 12; LILCO scheduled to file last brief on July 25); the l Geiler state court proceeding (the postponed June 12 oral l argument needs to be rescheduled); the County appeal of the June l 14 TDI diesel partial initial decision (County brief filed; oral 1/ Although we do not agree with the substance of Judge Brown's decision, Kirkpatrick & Lockhart does not deem it appropriate for the law firm to appeal the decision. We understand that the othe~r petitioners do intend to appeal.

9 KIRKPATRICK & LOCKHART Martin Eradley Ashare, Esquire July 24, 1985 Page 2 argument to be scheduled after NRC Staff and LILCO briefs are filed); the ASLB emergency planning relocation center proceeding (post-trial briefs have been filed); and the appeal in the D.C.

Circuit of the validity of the low power license (briefs filed; oral argument not yet scheduled). I am sure that other matters will also need to be addressed.

Second, we need to discuss the file situation. We have commenced an inventory to identify all the files which relate to Shoreham matters. I expect that inventory to be completed this week. There will be some files which you may require soon, such as those related to the August 30 emergency planning brief. On the other hand, there are files that you may not want at all (for example, files on some minor safety issues litigated in 1982 as to which no appeals have been taken), and which thus could be destroyed. There are also security-related files which will require special handling.

Finally, we also need to discuss when we may expect payment to Kirkpatrick & Lockhart for outstanding legal fees and disbursements. The outstanding bills are:2/

Date of Bill Period Covered Amount 3/27/85 1/27/85-2/23/85 $223,042.00 4/23/85 2/24/85-3/30/85 $220,080.10 5/24/85 3/31/85-4/27/85 5122,789.72 6/28/85 4/28/85'5/25/85

- S 94,013.40 TOTAL: S659,925.22 l

2/On July 24, we received payment in the sum of 5106,667.40 for our March 3, 1985 bill which covered the period December 30, 1984 through January 26, 1985. The invoiced amount was $114,624.50.

In accordance with past County practice, we anticipate receipt in several days of an explanation of uhy $7957.10 uas disallowed. If appropriate, we u111 contact the County regarding the dicellowance.

,_ . ._.m ._. _ ._ .. ..

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~ KIRKPATRICK & LOCKHART '

Martin Bradley Ashare, Esquire July 24, 1985 Page 3 Substantial disbursements are also outstanding:

Date of Bill Period Covered Amount 9/28/84 7/84 S45,768.413/

1/28/85 (resubmitted on 5/14/85) 12/84 (partial) $ 4,099.15 3/28/85 (resubmitted on 5/14/85) 2/85 (partial) $ 150.00 4/23/85 Ocean Fleets $ 1,040.00 l

5/24/85' 4/85 $14,017.61 L

'6/28/85 5/85 $11,406.45 TOTAL: $76,481.62

!!r. Scroop of your office has informed me that steps have been taken to process payment of thefforegoing invoices. I would appreciate it if you would provide us with a written schedule stating when we may expect to receive payment of our outstanding invoices for fees and disbursements.

i 3/This disbursement voucher was lost when initially sent, which explains why it has been outstanding for a long time.

-- - - .- , - - . - - , . - . - . - - . - ...,..,.--_._..-----._a--_,..~.-.. .-

.. _ - - . = - - - . -

KIRKPATRICK & LOCKHART i

l Martin Bradley Ashare, Esquire July 24, 1985 Page 4 Subsequent to May 25'(the last date covered by our June 28

voucher), this firm has performed additional work for the County, both prior and subsequent to the June 3 and 19 termination notices. We will submit an invoice next week for work performed between May 26 and July 19, 1985 to advocate positions of the County in Shoreham proceedings, such as work relating to the trial of relocation center issues, opposition to low power i testing, the July 11 legal authority brief, the July 17 diesel

! brief, and matters arising from Executive Order 1985-1. The processing of this invoice may be an additional matter for discussion.

I propose that we meet in Washington, D.C., since you may wish to look over some files during the course of our meeting.

please let me know when we can meet.

l l

Sincerely yours, fl/W l

Lawrence Coe Lanpher LCL/dah l

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4 July 26, 1985 DS'CED CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1){[C{yyPb~

Docket No. 50-322 (OL) BRANCH I hereby certify that a copy of the attached letter to the Nuclear Regulatory Commission dated July 26, 1985, was served on the following persons by U. S. Mail, first-class, postage prepaid.

Chairman Nunzio J. Palladino Alan S. Rosenthal, Chairman United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board 1717 H Street, N.W. U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Fifth Floor (North Tower)

Commissioner James K. Asselstine East-West Towers United States Nuclear 4350 East-West Highway Regulatory Commission Bethesda, MD 20814 1717 H Street, N. W.

Washington, D.C. 20555 Gary J. Edles Atomic Safety and Licensing Commissioner Frederick M. Bernthal Appeal Board United States Nuclear United States Nuclear Regulatory Commission Regulatory Commission 1717 H S tree t , N. W. Fifth Floor (North Tower)

Wachington, D.C. 20555 East-West Towers 4350 East-West Highway Commissioner Thomas M. Roberts Bethesda, MD 20814 United States Nuclear Regulatory Commission Howard A. Wilber 1717 H Street, N.W. Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board United States Nuclear Commissioner Lando W. Zech, Jr. Regulatory Commission United States Nuclear Fifth Floor (North Tower)

Regulatory Commission East-West Towers 1717 H Street, N.W. 4350 East-West Highwal Washington, D.C. 20555 Bethesda, MD 20814 t

Samuel J. Chilk Secretary of the Commission Lawrence Brenner, Esq.

United States Nuclear Atomic Safety and Licensing Regulatory Commission Board Panel

. Washington, D.C. 20555 United States Nuclear Regulatory Commission Dr. Peter A. Morris 4350 East-West Highway Atomic Safety and Licensing Fourth Floor (West Tower)

Board Panel Bethesda, Maryland 20814 United States Nu. clear Judge James L. Kelley Regulatory Commission 4350 East-West Highway Chairman, Atomic Safety and Licensing Board Fourth Floor (West Tower) U.S. Nuclear Regulatory Comm.

Bethesda, Maryland 20814 Fourth Floor Dr. George A. Ferguson East-West Towers (West Tower)

Atomic Safety and Licensing 4350 East-West Highway Bethesda, MD 20814 Board School of Engineering Judge Glenn O. Bright Howard University 2300 6th Street, N.W. Atomic Safety and Licensing Board, Washington, D.C. 20555 U.S.. Nuclear Regulatory Comm.

Fourth Floor Morton B. Margulies, Chairman Atomic Safety and Licensing Board East-West Towers (West Tower)

U.S. Nuclear Regulatory Commission 4350 East West Highway Bethesda, MD 20814 East-West Tower, Rm. 461A 4350 East West Highway Judge Elizabeth B. Johnson

.Bethesda, MD 20814 Oak Ridge National Laboratory Building 3500-Dr. Jerry R. Kline P.O. Box Atomic Safety and Licensing Board Oak Ridge, Tenn. 37830 U.S. Nuclear Regulatory Commission East-West Tower, Rm. 427 Bernard M. Bordenick, Esq.

4350 East-West Tower Robert G. Perlis, Esq.

Bethesda, MD 20814 Edwin J. Reis, Esq.

U.S. Nuclear Regulatory Comm.

Mr. Frederick J. Shon 7735 Old Georgetown Road Atomic Safety and Licensing Board (to mailroom)

U.S. Nuclear Regulatory Commission Bethesda, MD 20814 East-West Tower, Rm. 430 4350 East-West Highway Bethesda, MD 20814

A J

Fabian G. Palomino, Esq.

$pecial Counsel to the Governor Donna Duer, Esq.

Executive Chamber, Rm. 229 Atomic Safety and Licensing State Capitol Board Panel Albany, New York U.S. Nuclear Regulatory Comm.

12224 East-West Tower, North Tower Mary Gundrum, Esq. 4350 East-West Highway Assistant Attorney General Bethesda, MD 20814 2 World Trade. Center Room 4614 ,-

New York, New York James B. Dougherty, Esq.

10047 3045 Porter Street Stewart-M. Glass, Esq. Washington, D.C. 20008 Regional Counsel Federal Emergency Jay Dunkleberger, Esq.

' Management Agency New York State Energy Office 26-Federal Plaza, Rm. 1349 Agency Building 2 New York, New York 10278 Empire State Building Albany, New York 12223 Stephen B. Latham, Esq.

John F. Shea, Esq. Mr. Martin Shubert Twomey, Latham & Shea c/o Congressman William Carney 33 West Second Street 1113 Longworth House Office P.O. Box 398 Building Riverhead, New York 11901 Washington, D.C. 20515 Docketing and Service Counsel to the Governor Branch (3)

Executive Chamber State Capitol Office of the Secretary Albany, New York 12224 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Jonathan D. Feinberg, Esq.

New York State Department of Hunton & Williams, Esgs.

Public Service, Staff Counsel 707 East Main Street Three Rockefeller Plaza Richmond, Virginia 23219 Albany, New York 12223 Spence W. Perry, Esq.

Associated General Counsel Federal Emergency Management Agency 500 C Street, S.W.

Room 840 ,

Washington, D.C. 20472 f

I L

o Atomic Safety and Licensing Ralph Shapiro, Esq.

Board Panel . Cammer and Shapiro, P.C.

U.S. Nuclear Regulatory Commission 9 East 40th Street Washington, D.C. 20555 New York, New York 10016 Atomic Safety and Licensing- Kirkpatrick & Lockhart, Esq.

Appeal Board Panel -

1900 M Street M.W.

U.S. Nuclear Regulatory Commission Washington, D.C., 36 Washington, D.C. 20555 e

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.a Martin Bradley~Ashare Suffolk County Attorney Department of Law County of Suffolk H. Lee Dennison Building Veterans Memorial Highway Hauppauge, New York, ll788 Dated: July 26, 1985 9

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