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,,/ o,, UNITED STATES3 o NUCLEAR REGULATORY COMMISSION ,p7 .

E ;j ATOMIC SAFETY AND LICENSING APPEAL PANEL,

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f W. ASHINGTON, D.C. 20555

*****'89 MAR -2 P4 :07

March 2, 1989 ]VRd - Wif r.

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Bi9 hLMBY TELECCPIER

Donald P. Irwin, Esq.Hunton & WilliamsP.O. Box 1535707 East Main StreetRichmond, VA 23212

Lawrence Coe Lanpher, Esq.Kirkpatrick & Lockhart

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1800 M Street, N.W. '

South Lobby - 9th FloorWashington, D.C. 20036-5891

Edwin J. Reis, Esq.U.S. Nuclear Regulatory CommissionWashington, D.C. 20555

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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 isconsidering whether to hold oral argument in connection withthe intervening Governments' appeal from the Licensing i

Board's January 3 memorandum and order on emergency exercisecontentions (LBP-89-1). In light of the briefing schedulefor this matter and the Board members' availability, theafternoon of Thursday, March 30, is the earliest possibledate for argument. The Board, however, is aware of the factthat the expedited hearing before the Licensing Board on-the -

contentions admitted for litigation is to begin in New Yorkon March 27 and may last for several weeks, making oralargument in Bethesda on March 30 burdensome, if notimpossible, for some or all parties. The next availabletime for the Appeal Board to hear oral argument would beduring the weeks of April 10 or April 17. In the Board'sview, argument any later than that would be inconsistentwith the spirit of the Commission's directive in CLI-88-9expediting the exercise litigation.

Given these circumstances, the Appeal Board wouldappreciate having lead counsel's views on their availabilityto present argument on March 30 or, in the alternative,

8903100070 s90302PDR ADOCK 05000322 _d 5o 2-G PDR

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during th'e weeks of April 10' or April 17. .The Boardstresses that it has not yet decided that oral argument is.even necessary; i.e., the issues raised in the subjectappeal appear to be amenable to disposition on the basis ofthe written filings. ;

Please provide the Board with your views'on this matterno later than March 13, 1989.

Sincerely,

o LjBarbara A. TompkinsSecretary to theAppeal Board

cc: BY FIRST-CLASS MAIL

Richard J. Zahnleuter, Esq.Special Counsel to the Governorof the State of New York

Executive Chamber, Room 229Capitol BuildingAlbany, New York 12224

Stephen B. Latham, Esq.Twomey,-Latham & SheaP.O. Box 39833 West Second StreetRiverhead, New York 11901

y Docketing and ServiceBranch /SECY

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