ML20236N832

Requests That All Parties in Proceeding Be Solicited for Views on Selection of New ASLB Chairman to Replace Judge Margulies.Reasons for Particular Selection Also Requested

ML20236N832
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/12/1987
From:	Brown H KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY
To:	Cotter B Atomic Safety and Licensing Board Panel
References
CON-#487-4817 OL-3, OL-6, NUDOCS 8711170025
Download: ML20236N832 (2)

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}G2 SERT H. BROWN BRANCH ma mass aan nom i . November 12, 1987 i

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BY HAND i

B.' Paul Cotter, Jr., Chairman Atomic Safety-and Licensing Board Panel

' U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i

Re: Docket Nos. 50-322-OL-3 and'OL-6 j

Dear Judge Cotter:

l Earlier this week, counsel for Suffolk County were informed

[ orally by Judge Margt. lies' secretary that Judge Margulies was 1 resigning from the Shoreham Licensing Board due to health

! reasons. We were advised that a letter from Judge Margulies to j you regarding this development was being sent to all parties. A l

copy of that letter was received today.

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,i- Suffolk County requests that you not act to appoint a new -l l -chairperson to the Board without first soliciting the views of the parties, both with respect to the factors to be considered in j- making the choice and the safeguards to ensure that the new chairperson will undertake the extensive task of familiarizing himself or herself with the voluminous record and rulings which are the predicatos of the issues being addressed and to be addressed by the Board and the parties.

While this type of request may not be common, it is reason-able and worthy of being granted under the extraordinary circum-stances of the Shoreham proceeding. There have been at least six major Board changes in this proceeding,1 and two of these -- the 1

In 1982, a new security Board was appointed in lieu of the l Brenner Bo.ard;. in May 1983, Judge Laurensen and two other members

, replaced the Brenner Board for emergency planning matters; in 1984, Judge Miller replaced Judge Brenner on low power; in early 1985, Judge Margulies replaced Judge Laurensen on the emergency planning Board; in October 1986, Judge Frye and Judge Paris

_ replaced Judge Margulies and Judge Kline on exercise issues; and, 8711170025 871112 4i PDR ADOCK 05000322 )

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. KIRKPATRICK & LOCKHART B. Paul Cotter, Jr. , Chairman l Atomic Safety and Licensing Board Panel i November 12, 1987 Page 2 abrupt removal of the Brenner Board in favor of the Miller Board and the substitution of the Frye Board for the Margulies Board --

, raised serious issues of controversy. The failure to solicit the

, parties' views in these instances contributed to the concern that the replacement process was being used to further one party's interests -- LILCO's -- on particular issues at the expense of the other parties' rights.

The resignation of Judge Margulies as Board Chairman is highly significant to the Shoreham proceeding, which is entering an especially complicated and important phase. As Judge Margulies himself stated, this new phase will likely "be intensive and extensive . . ." and will require a " commitment" of the new chairperson "to do whatever is necessary to meet the demands of this litigation."

Suf folk County believes that caution is in order, and that all parties -- and indeed the Board itself -- would profit greatly from a process of selecting a new Board Chairman that includes consultation on the record with the parties to the I' Shoreham proceeding. Accordingly, Suffolk County requests that before selecting a new Board chairperson, you solicit the views of the parties as to issues related to the replacement of Judge Margulies, and subsequently, upon making a decision, explain the reasons for the particular selection.

We are authorized to state that New York State and the Town of Southampton agre's with the statements and requests made in this letter.

Sincerely yours, erbert H. Brown cc: Judge Jerry R. Kline (By Hand)

Judge Frederick J. Shon (By Hand) i Donald P. Irwin, Esq. (By Telecopy) i Richard G. Bachmann, Esq. .(By Hand)

William R. Cumming, Esq.

Fabian G. Palomino, Esq.

Stephen B. Latham, Esq.

Service List now, Judge Margulies will be replaced.

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