ML20209F328
| ML20209F328 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/08/1985 |
| From: | Kelley E SUFFOLK COUNTY, NY |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#385-766 OL-3, NUDOCS 8507120448 | |
| Download: ML20209F328 (5) | |
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9N COUNTY CF CUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 80CKFTED MARTIN BRAOLEY ASHARE DEPARTMENT OF LAW COUNTY ATTORNEY ADDRESS ALLCOMMUNICATIONS IN THIS M ATTER Tot
'65 JUL ID N0':35 5" Y CFFICE OF SECHEW T 00CXEilNG & SERVICf.
BRANCH Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Fifth Floor (North Tower)
East-West Towers 4350 East-West !!ighway Bethesda, Maryland 20814 Attent ion :
Administrative Law Judges Alan S. Rosenthal, Chairman Gary J. Edles
!!oward A. Wilber In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322-OL-3 (Emergency Planning)
Dear Sirst By its June 3, 1985 Order, the terms of the Board's May 15, 1985 Order, as amended by its May 20th Order, required that Suffolk County's briefs on the cross-appeals from the Licensing Board's April 17, 1985 partial initial decision were to be filed on July 3rd and July lith, 1985, respectively.
On motion of Suffolk County (presented by its County Attorney), the Board granted an extorsion of time within which to file the brief duo on July 3rd to August 2nd, 1985.
With reference to the County brief now duo on July lith, 1985, the County Attorney fools constrained to take no position on the issues raised in that mattor at this time.
This is be-l causo (as the Board is aware) of a permanent injunction issued June 10, 1985, by Judge Doyle of the New York Stato Supremo Court, which annulled Executivo Order 1-1985 and enjoined the County Executivo, his agents and employees from taking any l
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Atomic Safety and Licensing Appeal Board 7/8/85 Page 2 action "to enforce, implement or carry out the directions, policies or terms" of the order "or any directive or in-struction relating thereto".
This decision was affirmed by the Appellate Division, Second Department, on June 19, 1985, which also granted the County Executive leave to appeal to the State's highest Court, the New York Court of Appeals.-
The high Court heard oral arguments on June 27th in Albany, N.Y., and has reserved decision on the matter.
Meanwhile, the permanent injunction issued by J. Doyle con-tinues in effect.
If the Court of Appeals decides this case in favor of the County Executive, we would hope the Appeals Board would be sympathetic to receiving a late filed brief on his behalf.
We will promptly communicate to the Board any new developments in this matter.
Very truly yours, MARTIN BRADLEY ASHARE Suffolk County At,torney 1
By:
M Eugene K Kelley i
Chief Dh)puty County Attorney
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board 00CKETED UShRC In the Matter of
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LONG ISLAND' LIGHTING COMPANY
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g M I hI.0gy-322-OL-3 N
(Shoreham Nuclear Power Station, OFFICE OF SE J
Unit 1)
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00CKETir4G & SERVKi~
BRANCH Certificate of Service I hereby certify that copies of a letter to the Atomic Safety and Licensing Appeal Board, dated July 8, 1985, have been served on the following this 8th day of July, 1985, by U.S. Mail, First Class.
Alan S. Rosenthal, Chairman Stuart Diamond Atomic Safety and Licensing Business / Financial Appeal Board NEW YORK TIMES U.S. Nuclear Regulatory Commission 229 W.
43rd Street Washington, D.C.
20555 New York, New York 10036 Mr.Howard A. Wilber Joel Blau, Esq.
Atomic Safety and Licensing New York Public Service Comm.
Appeal Board The Governor Nelson A.
U.S. Nuclear Regulatory Commission Rockefeller Building Washington, D.C.
20555 Empire State Plaza Albany, New York 12223 Mr. Gary J. Edles Stewart M. Glass, Esq.
Atomic Safety and Licensing Regional Counsel Appeal Board Federal Emergency Management U.S. Nuclear Regulatory Commission Agency Washington, D.C.
20555 26 Federal Plaza New York, New York 10278 h m
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Morton B. Margulies, Chairman Edward M. Barrett, Esq.
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Atomic Safety and Licensing Board General Counsel U.S. Nuclear Regulatory Commission Long Island Lighting Company Washington, D.C. 20555 250 Old Country Road Mineola, New York 11501 l
Dr. Jerry R. Kline W. Taylor Reveley III, Esq.
Atomic Safety and Licensing Board Hunton & Williams U.S._ Nuclear Regulatory Commission P.O. Box 1535 Washington,,D.C. 20555 707 East Main Street Richmond, Virginia 23212 Mr. Frederick J. Shon Mr. Jay Dunkleberger Atomic Safety and Licensing Board New York State Energy Office U.S. Nuclear Regulatory Commission Agency Building 2 Washington, D.C.
20555 Empire State Plaza Albany, New York 12223 Mr. L.
F.
Britt Stephen B.
Latham, Esq.
Long Island Lighting Company Twomey, Latham & Shea, Esgs.
Shoreham Nuclear Poser Station P.O. Box 398 P.O.
Box 628 33 West Second Street North Country Road Riverhead, New York 11901 Wading River, New York 11792 Nora Bredes Docketing and Service Section Executive Director Office of the Secretary Shoreham Opponents Coalition U.S. Nuclear Regulatory Comm.
195 East Main Street 1717 H Street, N.W.
Smithtown, New York 11787 Washington, D.C.
20555 Ms. Donna D.
Duer James B.
Dougherty Atomic Safety and Licensing 3045 Porter Street, N.W.
Board Panel Washington, D.C.
20008 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 MHB Technical Associates Jonathan D.
Feinberg, Esq.
1723 Hamilton Avenue Staff Counsel, New York State Suite K Public Service Commission San Jose, California 95125
' 3 Rockefeller Plaza Albany, New York 12223 Atomic Safety and Sicensing Atomic Safety and Licensing Board Panel Appeal Board
. S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.
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Washington, D.C.
20555 Washington, D.C.
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Edwin J. Reis, Esq.
Fabian G.
Palomino, Esq.
3ernard M. Bordenick, Esq.
Special Counsel to the Governor U.S. Nuclear Regulatory Commission Executive Chamber, Room 229 Washington, D.C.
20555 State Capitol Albany, New York 12224 s
Spence Perry, Esq.
Mary Gundrum, Esq.
Associate General Counsel New York' State Department Federal Emergency Management Agency of Law Washington,.D.C. 20471 2 World Trade Center, Room 4614 New York, New York 10047 Kirkpatrick & Lockhart, Esgs.
1900 M Street, N.W.
Washington, D.C.
20036 MARTIN BRADLEY ASHARE Suffolk County Attorney H.
Lee Dennison Building Veterans Memorial Highway Haup auge, New York 11788 f
I lOPM By:
CountyAttorney\\
elley N
Eugene R.
Chief Depu Sworn to before me this 8th day of July, 1985.
sL h-TEPESA M, QUAIES h0TARY FUBUC State of New York Tem Do!as Varch 30,19#/-No. 4713367 k'f07 COUTk,
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