ML20234C124

Advises That If Author Has Cognizable Legal Claim That Appointment of Judge Gleason to Replace Judge Margulies for Plant Proceeding Prejudices Clients,Arguments May Be Presented to Aslb,Per .Served on 8712331

ML20234C124
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	12/29/1987
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	Brown H KIRKPATRICK & LOCKHART
References
CON-#188-5276 OL-3, OL-6, NUDOCS 8801060111
Download: ML20234C124 (1)

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,je NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL 000KETED

$, W ASHINGTON, D.C. 20555 NO December 29, 1987 87 [G 31 N0:55 0FFICL OF m nt.iAhY 00CHEllNG & S[HvlQ BRANCM  ;

Herbert H. Brown, Esquire Kirkpatrick & Lockhart South Lobby - 9th Floor SERVED DEC 311987 1800 M Street, N.W.

Washington, D.C. 20036-5891

Dear Mr. Brown:

I am deeply concerned by your note of December 23, 1987 resubmit-ting your letter of November 25, 1987, the substance of which was answered by my letter to you of November 13, 1987. You continued in your November 25, 1987 letter to take exception to my appointing Judge l Gleason to replace Judge Margulies (who resigned for health reasons) without first obtaining the advice and consent of Suffolk County and the State of New York. You might also have acknowledged that I did not solicit the views of the applicant, the NRC Staff or any other interest-ed party. As I have told you repeatedly, neither I nor my predecessors have ever done so in similar circumstances' in the past, and I can envision no reason why I or my successors would do so in the future.

See In the Matter of Suffolk County, et al. , 20 NRC 385 (LBP-84-29A, T91f4).

I have repeatedly attempted to make it clear to you that I am not the presiding officer in the Shoreham proceeding. If you have a legally cognizable claim that my appointment of Judge Gleason has prejudiced your clients or has in some other way undermined the fairness or objec-tivity of the hearing process, you may present your arguments to the licensing board. If you do not like the Board's decision, you may take your case to the Appeal Board, the Commission and the courts, if neces-sary.

If you wish to pursue this matter further, please do so in the appropriate forum.

Sincerely yours,

. Y B. Paul Cotter, Je Chief Administrative Judge cc: Service List 8801060111 871229 PDR ADOCK 05000322 o "o" Mog