ML20133L881

Order Denying Town of Southampton 850809 Requests for Either Postponement of Oral Argument Scheduled for 850812 or Reallocation of Time Allotments for Argument.Legal Representation for County Unresolved.Served on 850812

ML20133L881
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/09/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	SOUTHAMPTON, NY
References
CON-#385-192 OL-3, NUDOCS 8508120760
Download: ML20133L881 (2)

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UNITED STATES OF AMERICA SERVED AUG121985 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges:

00LMETED Alan S. Rosenthal, Chairman Auguskf,1985 Gary J. Edles Howard A. Wilber 15 NE 12 A9:54 0FFirf Or SECf.t iA..

) 00CntimG & SEHvu~r In the Matter of ) BRANCH

) .

LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322-OL-3

) (Emergency Planning)'

- (Shoreham Nuclear Power Station, )

Unit 1) )

)

ORDER Oral argument in this proceeding is scheduled for Monday, August 12, at 2:00 p.m. In our order establishing the time allocations for oral argument we noted that the allocations were based on the assumption that Suffolk County' will be represented by its County Attorney, rather than by the law firm of Kirkpatrick & Lockhart.

Earlier today we received a telephone request from the Town of Southampton seeking either a postponement of oral argument or a reallocation of the time allotments. The Town represents that the decision of the Supreme Court of the State of New York upholding County Executive Cohalan's firing of the law firm of Kirkpatrick & Lockhart was stayed by the court pending review by the Appellate Division, that the Appellato Division has extended the stay, and that the law firm believes it has a continuing obligation to 0

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2 represent the County. We are also informed that the Appellate Division heard oral argument yesterday and indicated that it may rule on the appeal as early as Monday.

Thus the issue of who will represent the County at oral argument before us is assertedly unresolved.

The request for a postponement of the oral argument is denied. The request for realignment of the time allocations for oral argument is denied without prejudice to a new request being made at the time of oral argument.

It is so ORDERED.

FOR Ti!E APPEAL BOARD Q.b 5Y  % A C. J(hn SKoemaker Secretary to the Appeal Board Mr. Rosenthal did not participate in this order.

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