ML20151P322

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Advises That ASLB Unfounded Assumption in 880413 Order Re Fact That Govts Did Not Seek Reconsideration of Ruling Does Not Mean & Should Not Mean That Govts Do Not Find Fault in Ruling
ML20151P322
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 04/20/1988
From: Lanpher L
KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY
To: Gleason J, Kline J, Shon F
Atomic Safety and Licensing Board Panel
References
CON-#288-6130 OL-3, NUDOCS 8804260136
Download: ML20151P322 (1)


Text

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ain ns4 m LAWRENCE CoE LANniER April 20, 1988

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James P. Gleason, Chairman Dr. Jerry R.

Kline Mr. Frederick J.

Shon Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

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Ret Docket No. 50-322-OL-3 Gentlemen:

The Governments.are in receipt of the Board Memorandum and

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Order (Ruling on Governments' Motion for Reconsideration of Board Memorandum and Order on Section 50.47(c)(1)(1)(ii) Compliance) dated April 13, 1988.

Since the Board's Memorandum and Order is with respect to a motion for reconsideration, the Governments do not seek further reconsideration.

Suffice it to say that the Governments do not agree with the views expressed therein.

However, there is one matter which needs to be addressed specifically.

The Board states at page 2 of its Memorandum and order as follows:

We note from Intervenors' filing that, since it is not mentioned, they find no failure in the Board's ruling on Section 10 C.F.R. 1 50.47(c)(1)(1).

The Board has indulged in an assumption which is unfounded.

The fact that the Governments did not seek reconsideration of that particular ruling does not mean -- and should not be construed to mean -- that "they find no failure in the Board's l

ruliny...."

In fact, the Governments believe that the Board a ruling is incorrect.

However, in view of the nature of j

the Board's ruling, the Governments determined that it would be futile to seek reconsideration of that particular matter.

The Governments reserve their rights to pursue that matter on appeal.

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