ML20235V185

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Requests Recipients Views Re Proposed Oral Argument in Connection W/Intervening Govts Appeal from Licensing Board 890103 Memorandum & Order on Emergency Exercise Contentions, by 890313
ML20235V185
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 03/02/1989
From: Tompkins B
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To: Irwin D, Lanpher L, Reis E
HUNTON & WILLIAMS, KIRKPATRICK & LOCKHART, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#189-8210 CLI-88-09, CLI-88-9, LBP-89-01, LBP-89-1, OL-5, NUDOCS 8903100070
Download: ML20235V185 (2)


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UNITED STATES 3

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. ASHINGTON, D.C. 20555

'89 MAR -2 P4 :07 March 2, 1989

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Bi9 hLM BY TELECCPIER Donald P.

Irwin, Esq.

Hunton & Williams P.O. Box 1535 707 East Main Street Richmond, VA 23212 Lawrence Coe Lanpher, Esq.

Kirkpatrick & Lockhart i

1800 M Street, N.W.

South Lobby - 9th Floor Washington, D.C.

20036-5891 Edwin J. Reis, Esq.

U.S. Nuclear Regulatory Commission Washington, D.C.

20555 i

Re:

LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-5

Dear Sirs:

The Appeal Board for the above-referenced proceeding is considering whether to hold oral argument in connection with the intervening Governments' appeal from the Licensing i

Board's January 3 memorandum and order on emergency exercise contentions (LBP-89-1).

In light of the briefing schedule for this matter and the Board members' availability, the afternoon of Thursday, March 30, is the earliest possible date for argument.

The Board, however, is aware of the fact that the expedited hearing before the Licensing Board on-the contentions admitted for litigation is to begin in New York on March 27 and may last for several weeks, making oral argument in Bethesda on March 30 burdensome, if not impossible, for some or all parties.

The next available time for the Appeal Board to hear oral argument would be during the weeks of April 10 or April 17.

In the Board's view, argument any later than that would be inconsistent with the spirit of the Commission's directive in CLI-88-9 expediting the exercise litigation.

Given these circumstances, the Appeal Board would appreciate having lead counsel's views on their availability to present argument on March 30 or, in the alternative, 8903100070 s90302 PDR ADOCK 05000322

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during th'e weeks of April 10' or April 17..The Board stresses that it has not yet decided that oral argument is

.even necessary; i.e.,

the issues raised in the subject appeal appear to be amenable to disposition on the basis of the written filings.

Please provide the Board with your views'on this matter no later than March 13, 1989.

Sincerely, o Lj Barbara A. Tompkins Secretary to the Appeal Board cc:

BY FIRST-CLASS MAIL Richard J. Zahnleuter, Esq.

Special Counsel to the Governor of the State of New York Executive Chamber, Room 229 Capitol Building Albany, New York 12224 Stephen B. Latham, Esq.

Twomey,-Latham & Shea P.O. Box 398 33 West Second Street Riverhead, New York 11901 y Docketing and Service Branch /SECY l

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