ML20137E706
| ML20137E706 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/20/1985 |
| From: | Palomino F NEW YORK, STATE OF |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#385-309 OL-3, NUDOCS 8508260012 | |
| Download: ML20137E706 (5) | |
Text
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UNITED STATES OF AMERICA 00CXET1h3 & SEpyp -
NUCLEAR REGULATORY COMMISSION BRANCH Before the ' Atomic Safety and Licensina ADoeal Board i
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In the Matter of
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Docket No.
LONG ISLAND LIGHTING COMPANY
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50-322-OL-3 j
)
(Emergency (Shoreham Nuclear Power Station,
)
Planning)
Unit 1)
)
,j NEW YORK STATE'S MOTION FOR EXTENSION I
OF TIME IN WHICH TO FILE BRIEF 1
On July 19, 1985, this Board ordered the County of i
J Suffolk and the State of New York to file briefs on their 1
appeal of the April 17, 1985 Emergency Planning Partial Initial Decision by August 30, 1985.
Yesterday, Suffolk 1
i County requested this Board to extend the schedule for filing
'I its brief for an additional thirty (30) days.
For the i
reasons stated below, New York State esquests a similar I
extension of time.
The other sch ier to this proceeding have been contacted and have no objection thereto.
As the record will demonstrate, almost all of the i
hearings in this proceeding below on behalf of the State of 1
i i
New York were conducted by Richard Zahnleuter.
Mr.
Zahnleuter also worked with the law firm of Kirkpatrick and Lockhart in the preparation and filing of the Joint Findings of Fact and Conclusions of Law submitted by Suffolk County and the State of New York.
Mr. Zahnleuter was on loan from his I
regular duties in the New York State Department of Health to t
8508260012 850820 PDR ADOCK 05000322
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assist the undersigned in that proceeding.
In the late spring of this year, he returned to full-time duty in the Department of Health, where he had been responsible for conducting an investigation of the New York City Medical Examiner's office and the ethical conduct of the Medical fi Examiner.
That investigation has resulted in the filing of multiple charges against the New York City Medical Examiner.
Mr. Zahnleuter is presently preparing the case for the l
hearing on those charges as the prosecutin'g attorney thereof.
As a result, his services are not available to the undersigned.
Accordingly, it is necessary for the j
undersigned to review the voluminous records of those j
proceedings, the Proposed Findings of Fact and Conclusions of Law submitted by all parties, and the Partial Initial-Decision in order to prepare a brief for this Board.
The undersigned has been' diligently pursuing this effort together with his other responsibilities which cannot e
be deferred, but finds that it will be impossible for him to l ;
do so within the time established by the aforesaid Order of
('y this Board for the filing of that brief.
Accordingly, he requests an additional thirty (30) days from the date set by 5
this Board's aforesaid Order for filing of the brief in this appeal for the State of New York.
2
Counsel for LILCO and the County of Suffolk have no objection to this request.
NRC staff counsel do not object provided this Board provides them with 'an equivalent extension in their time to respond.
g Respectfully submitted, FABIAN G. PALOMINO, ESQ.
Special Counsel to the Governor Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Attorney for the Governor of the State of New York
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By:
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FABIAN G. PALOMINO Special Counsel to the Governor August 20, 1985 Copy:
Service List S
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US$j.[C b d August %1g l985 CERTIFICATE OF SERVICE c
In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 (Emergency Planning)
I hereby certify that a Motion for Extension of Time in which to File a Brief on behalf of New York State, dated August 20, 1985, has been served on the following by.
first class mail, postage prepaid, except as otherwise indicated:
Hon. Alan 5. Rosenthal, Chairman
- 4 Hon. Gary J. Edles*
j Hon. Howard A. Wilber*
Atomic Safety and Licensing Appeal Board U.
S'. Nuclear Regulatory Commission East-West Tower, North Tower
]
4350 East-West Highway t
Bethesda, Maryland 20814 3i Martin Bradley Ashare, Esq.
Donna Duer, Esq.
j Suffolk County-Attorney Atomic Safety and Licensing
]
H. Lee Dennison Building Board Panel Veterans Memorial Highway U.S. Nuclear Regulatory Comm.
)
Hauppauge, New York 11788 East-West Tower, North Tower 4350 East-West Highway Mary Gundrum, Esq.
Bethesda, Maryland 20814 Assistant Attorney General
- i 2 World Trade Center James B. Dougherty, Esq.
Room 4614 3045 Porter Street i
New York, New York 10047 Washington, D.C.
20008 Stewart M. Glass, Esq.
Jay Dunkleberger, Esq.
Regional Counsel New York State Energy Office l
y!
Federal Emergency Management Agency Building 2 Agency Empire State Building l
26 Federal Plaza, Room 1349 Albany, New' York 12223 i
New York, New York 10278 Stephen B. Latham, Esq.
Kirkpatrick & Lockhart, Esgs.
John F. Shea, Esq.
1900 "M" Street, N. W.
Twomey, Latham & Shea 33 West Washington, D.C.
20036 P.O.. Bo, Second Street x 398 Riverhead, New York 11901
- Telecopied s
Bernard M. Bordenick, Esq.
Mr. Martin Shubeti Robert G. Perlis, Esq.
c/o Hon. William Carney Edwin J. Reis, Esq.
1113 Longworth House Office Office of the Executive Legal Building Director Washington, D.C.
20515 U. S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Docketing and Service Branch (3)
Atomic Safety and Licensing Board Office of the Secretary Panel U.S. Nuclear Regulatory Comm.
U.S. Nuclear Regulator'y Comm.
Washington, D.C.
20555 Washington, D.C.
20555 Ralph Shapiro, Esq.
Robert E. Staith, -Esq.
Cammer and Shapiro, P.C.
Rosenman, Colin, Freund, Lewis 9 East 40th Street
& Cohen New York, New York 10016 575 Madison Avenue New York, New York 10022 Jonathan D. Feinberg, Esq.
New York State Department of Spence M. Perry, Esq.
Public Service, Staff Counsel Associated General Counsel Three Rockefeller Plaza Federal Emergency Management Agency Albany, New York 12223 500 "C" Street, S. W.
Room 840 Hunton & Williams, Esgs.
Washington, D.C.
20472 707 East Main Street Richmond, Virginia' 23219 h
FABI.AN G. PALOMINO Special Counsel to the Governor Executive Chamber, Room 229-
'j Capitol Building l
Albany, Mew York 12224 j
Attorney for the Governor of the State of New ork 4
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/
By:
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FABIAN G. PALOMINO l
Special Counsel to the Governor i
Sworn to before me this i
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- day of August 1985
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50TA2Y PUBLIO, State of New yarg No. 62 9048450 QeeMed le Yates Coesty Co** Won Espires March 30,19.h l
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