ML20238D089
| ML20238D089 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/29/1987 |
| From: | Lanpher L KIRKPATRICK & LOCKHART |
| To: | Gleason J, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5245 OL-3, OL-6, NUDOCS 8801040094 | |
| Download: ML20238D089 (2) | |
Text
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52'/5 KIRKPATRICK & LOCKHART DC'.KE TEC SotTDi LOBBY. 9TH FLOOR aXcaUCEPLAcE 1800 M STREET, N.W.
53 STATE smET WASHINGTON, D.C. 200M-5891
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00CKDiatouwa anux6 TEuccesa non nSeim 6 m ismsm LAWRENCE CoE LANPHER
'* th 3" G02) ??&9011 December 29, 1987 James P. Gleason, Chairman Dr. Jerry R.
Kline Mr. Frederick J.
Shon Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Re:
Docket Nos. 50-322-9L-3/OL-6
Dear Members of the Board:
Last Tuesday, December 22, 1987, in response to a Motion filed by the Governments, this Board convened a conference call for the purpose of hearing argument and reaching an expedited decision on the Governments' Motion.
No transcript was made; rather, the Board on December 23 issued a Confirmatory Memorandum and Order relating to that call.
The Governments request that in the future, a verbatim transcript be kept of all such conference calls.
This is obviously a very much contested proceeding.
It is essential that an accurate record be maintained.
Matters discussed before the Board, and particularly the Board's responses to those matters, may become important in various phases of the proceeding.
It is not possible for a confirmatory order subsequent to a conference call to engompass every matter which was discussed during the conference.1/
Absent a transcript 1/
To mention just a number of items which did not appear at all or in great detail in the Board's Confirmatory Memorandum and Order of December 23, but which were discusssed or mentioned in the December 22 conference call:
the Board announced that it had agreed upon its rulings in the reception center proceeding and hoped to issue a decision by mid-January; that opinions would be issued on the EBS and school bus driver issues either December 22 or December 23; that the Board had decided upon an " approach" to (footnote continued) 880104009407122b2 PDR ADOCK 0500
KIRKPATRICK & LOCKHART l
James P. Gleason, Chairman i
Dr.' Jerry R.
Kline Mr. Frederick J. Shon
' Atomic Safety and Licensing Board L
December 29, 1987 Page 2 l
the parties must attempt to rely upon the memories of various counsel who_ participated in that conference call.
In a case such as this, in which conference calls frequently encompass several matters, a verbatim record is obviously preferable and, in our view, is essential.
The general practice in-this proceeding has been to have conference calls transcribed.
We urge this Board to follow that procedure in the future.
Sincerely yours, W r/
Lawrence Coe Lanpher cc:
George E. Johnson,1 Esq.
William R.
Cumming, Esq.
Donald P.
Irwin, Esq.
Richard'J. Zahnleuter, Esq.
Stephen B.
Latham, Esq.
Docketing and Service (footnote continued from previous page) the 25% power issue and would be issuing some sort of decision related thereto in 3-4 days; in response to a question from undersigned counsel, the Board stated that it would issue no guidance on the " law" to be applied in the " realism"/
legal authority summary disposition motion context (or otherwise rule on the 235 pages of briefs which had been filed in response to the Board's requests for the parties' views) until after it has issued rulings on LILCO's compendium of summary disposition motions which were filed on December 19, 1987; and the Board discussed new briefs to be filed by January 15, 1988, in greater detail than set forth at page 3 of its December 23 Order.
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