ML20134H310

Motion for Extension of Time Until 850930 to File Brief Re Emergency Planning Partial Initial Decision.Delay Due to Question Re Legal Representation for Suffolk County.No Objections Expressed.Certificate of Svc Encl

ML20134H310
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/19/1985
From:	Kelley E SUFFOLK COUNTY, NY
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#385-351 OL-3, NUDOCS 8508280361
Download: ML20134H310 (5)

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. , USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 15 A% 27 M1:30 Before the Atomic Safety and Licensing Appeal. Eoard_

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X In the Matter of

• LONG ISLAND LIGHTING COMPANY Docket No.

50-322-OL-3 (Shoreham Nuclear Power Station, (Emergency Unit 1) Planning)

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X SUFFOLK COUNTY MOTION FOR EXTENSION OF TIME IN WHICH TO FILE BRIEFS Pursuant to the Appeal Board's July 19, 1985 Order, the County and State must file briefs on their appeal of the April 17, 1985 Emergency Planning PID by August 30, 1985. For the reasons set out below, Suffolk County hereby requests-the Board to extend the schedule for filing this brief an addi-tional thirty (30) days until September 30, 1985. All parties have been contacted by the undersigned and have either con-sented to this request or expressed no objections.

Since June, the question as to who legally repre-sents the County of Suffolk before the Appeals Board (and the NRC in general) has caused a number of delays in this pro-ceeding. The Board is aware that on July 19th, Justice Brown of the New York State Supreme Court made a judicial i.

8508280361 850819' PDR ADOCK 05000322 Q PDR

s determination that the firing of the Kirkpatrick law firm by the County Executive was, in all respects, legal. Thereafter, an appeal of this decision was filed with the Appellate Division, 2nd Department, N.Y.S. Supreme Court. On August 13, 1985, the Appellate Division unanimously affirmed Judge Brown's decision in all respects. Although leave to appeal to the Court of Appeals was also granted, no stay of the enforce-ment of the decision was issued.1 Accordingly, we believe, at this juncture, that only the County Attorney can legally represent the County of Suffolk in this proceeding.

Over the weeks since the firing of the Kirkpatrick firm, the County Attorney has consistently requested the return of all files in connection with the Shoreham O.L. pro-ceeding. Until recently those requests have been either ignored by our former attorneys or refused outright. However, on Friday, August 9th, this office received nine (9) cartons of files from the Kirkpatrick firm dealing with the Emergency Planning issues. 'Our messengers will pick up another forty

-(40) cartons on August 19, 1985, from their Washington,-D.C.

offices, lA more detailed explanation of the Appellate Division's ruling (plus a photocopy of the decision) was sent to all parties and this Board by the County Attorney under date-August 16, 1985.

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- ' A preliminary review of the materials received underscores the extensive record and proceedings by the ASLB below. The numerous issues decided adversely to the County will require extensive review and research by our office before we can assemble a meaningful br-ief on the. issues to file.with the Appeals Board.

We have spoken with counsel for the State and for the1 Town of Southampton, neither of which has any objections

-to this application. Counsel for'Lilco has consented. NRC staff counsel does not object provided that the Appeals Board at the appropriate time provides them with an equivalent extension in their response-time.

Respectfully submitted, MARTIN BRADLEY ASHARE Suffolk County Attorney H. Lee Dennison Building Veterans Memorial Highway Hauppauge, N.Y. 11788 (516) 360-4066 By: QAJAfL .

N Eugene R Kelley '

Chief D uty County Attorney August 19, 1985 Copy: Service List

. August 19, 1985

- 00LKETED ussac -

CERTIFICATE OF SERVICE 25 AUG 27 All 31 In the Matter of CIFICi OF SEcatie ,

LONG ISLAND LIGHTING COMPANY DOCXETING & 3rpyghf.

(Shoreham Nuclear Power Station, Unit 1) ANCH Docket No. 50-322-OL-3 (Emergency Planning)

. I hereby certify that a Motion for Extension of Time in Which to File Briefs on behalf of Suffolk County, dated August 19, 1985, has been served on the following by first class mail, postage prepaid, except as otherwise indicated:

Alan S. Rosenthal, Esq., Chairman

• Gary J. Edles, Esq.*

Mr. Howard A. Wilber*

Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission East-West Tower, North Tower 4350-East-West Highway

'Bethesda, MD 20814 Fabian G. Palomino, Esq.*

Donna Duer, Esq.

Special Counsel to the Governor Atomic Safety and Licensing Executive Chamber, an. 229 Board Panel State Capitol U.S. Nuclear Regulatory Comm.

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

New York, New York 10047 3045 Porter Street Washington, D.C. 20008 Stewart M. Glass, Esq.

Regional Counsel Jay Dunkleberger, Esq.

Federal Emergency New York State Energy Office Management Agency Agency Building 2 26 Federal Plaza, Rm. 1349 Empire State Building New York, New York 10278 Albany, New York 12223 Kirkpatrick & Lockhart, Esgs.

1900 M Street, N.W.

Washington, D.C. 20036 OTelecopied

e Stephen B. Latham, Esq. Mr.. Martin Shubert

-John F. Shea, Esq. c/o Congressman William Carney

.Twomey, Latham & Shea 1113 Longworth House Office 33 West Second Street Building P.O. Bo:: 398 , Washington, D.C. 20515 Riverhead, New York 11901.

Docketing and Service Bernard M. Bordenick, Esq.* Branch (3)

Robert G. Perlis, Esq. Ofice of the Secretary Edwin J. Reis, Esq. U.S. Nuclear Regulatory Comm.

Office of the Executive Legal Washington, D.C. 20555 Director U.S. Nuclear Regulatory Commission Ralph Shapiro, Esq.

Washington,=D.C. 20555 Cammer and Shapiro, P.C.

9 East 40th Street Atomic Safety and Licensing Board New York, New York 10016 Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Robert E. Smith, Esq.

Rosenman Colin Freund Lewis Jonathan D. Feinberg, Esq. & Cohen New York State Department of 575 Madison Avenue Public Service, Staff Counsel New York, New York 10022 Three Rock'efeller Plaza Albany, New York 12223 Spence W. Ferry, Esq. Hunton & Williams, Esgs.

Associated General Counsel 707 East Main Street Federal. Emergency Richmond, Virginia 23219 Management Agency 500 C' Street, S.W. *If being sent by Federal

-Room 840 Express, send to:

Washington, D.C. 20472 U.S. Nuclear Regulatory Comm.

7735 Old Georgetown Road (to mailroom)

. Bethesda, MD 20814 MARTIN BRADLEY ASHARE Suffolk County Attorney H. Lee Dennison Building Veterans Memorial High'way Hauppauge, New York 11788 (51&s 360-4066 By: OOA f_j EUGENE R. ELLEY T Chief Dep y County Attor .

Sworn to before me this 19th day of August, 1985 g* -

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