ML20196B070

Informs That Govts Received Ltr from Util Counsel Accusing Govts of Studied Defiance of Board Legitimate Orders on Discovery & Other Matters.Motivations of Lilco Counsel W/O Waiting for Govts Motion Questioned

ML20196B070
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/20/1988
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-#288-6598 OL-3, NUDOCS 8806300185
Download: ML20196B070 (2)

Text

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im ouvra suumo g g cog g nmaunca. tA mn un HID 3554100 cc2) T!S90tl June 20, 1988 VIA TELECOPY James P. Gleason, Chairman Dr. Jerry R. Klit.e Mr. Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear Pegulatory Commission Washington, D.C. 20555 Re: Docket No. 50-322-OL-3

Dear Mr. Chairman and Members of the Board:

Suffolk County and New York State have just received a copy of a letter from LILCO's counsel to the Boarc, dated today.

LILCO accuses Suffolk County and New York State "of studied defiance of this Board's legitimate orders on discovery and other matters."

By now, the Board has eceived the "Governments' Motion for Licensing Board to Vacate June 17 Order," dated June 20, 1988.

The Motion is not "defiance," studied or otherwise, of anything.

It raises fundamental issues of jurisdiction and procedure and, indeed, the essential legality of the Board's June 17 Order.

In recent weeks, LILCO's counsel have chosen to punctuate their pleadings with vituperation toward the Governments. This unfitting surplusage the Governments have ignored. LILCO may not like the stand the Governments have taken, but it is within the Governments' rights and not subject to LILCO's concurrence. The dispute should be dealt with on the merits without the backdrop of LILCO's hysteria. LILCO's accusations underscore the inappro-priateness of the Board's June 17 Order that sauld permit LILCO to inquiry.

act as prosecutor of the Board's "integrity of the proceeding" 8806300185 880620 PDR C ADOCK 05000322 PDR h

, KIRKPATRICK & LOCKHART James P. Gleason, Chairman Dr. Jerry R. Kline Mr. Frederick J. Shon Atomic Safety and Licensing Board June 20, 1988 Page 2

' It is tempting in the circumstances of LILCO's persistent epithets to reply with speculation about the likely motivations of LILCO's counsel. Why, for instance, did LILCO file its accus-atory letter with the Board without even waiting for the Govern-ments' Motion that they knew would be filed shortly with the 00ard? Suffice it to state that the County's actions and bases are described in the t'otion.

The undersigned is authorized to state that New York State joins in this letter.

Sincerely yours, W

Lawrence Coe Lanpher cc: Richard J. Zahnleuter, Esq. (Via Telecopy)

Donald P. Irwin, Esq. (Via Tele 7opy)

Edwin J. Reis, Esq. (Via Telecopy)

William R. Cumming, Esq. (Via Telecopy)

Docketing and Services l

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