LONG ISLAND LIGHTING CO. v. CUOMO

No. 87-CV-39.

666 F.Supp. 370 (1987)

LONG ISLAND LIGHTING COMPANY, Plaintiff, v. Mario M. CUOMO, in his official capacity as Governor of the State of New York, Paul L. Gioia, in his official capacity as Chairman of the New York Public Service Commission, Harold A. Jerry, Jr., Anne F. Mead, Gail Garfield Schwartz and John Doe, in their official capacities as Commissioners of the New York Public Service Commission, the Long Island Power Authority, and William L. Mack, Irving Like, Nora Bredes, Leon Campo, Richard Kessel, Stephen Liss, Vincent Tese, John Adam Kanas, and Martha Bernstein, in their official capacities as Trustees of the Long Island Power Authority, Defendants, and Shoreham-Wading River Central School District, and the Assessor and the Board of Assessment for the Town of Brookhaven, Intervenor-Defendants.

United States District Court, N.D. New York.

August 4, 1987.


Attorney(s) appearing for the Case

Shea & Gould, Hunton & Williams, New York City, Anthony F. Earley, Hicksville, N.Y., Shea & Gould, Albany, N.Y., for plaintiff; Michael Lesch, Kurt Hunciker, John G. Nicolich, Barry V. Sautman, Dennis Sisk, Edward M. Barrett, George V. Cook, Adeeb Fadil, New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., New York City, for defendant Cuomo; Peter Bienstock, Mary M. Gundrum, Alfred L. Nardelli, Samuel A. Cherniak, Asst. Attys. Gen., of counsel.

Fabian Palomino, New York City, Special Counsel to the Governor.

Kirkpatrick & Lockhart, Pittsburgh, Pa., Kirkpatrick & Lockhart, Washington, D.C., for defendants Long Island Power Authority and Individual Trustees; David A. Brownlee, Kenneth M. Argentieri, Pittsburgh, Pa., Herbert H. Brown, Lawrence C. Lanpher, Washington, D.C., of counsel.

Rutnik & Rutnik, Albany, N.Y., Local Counsel, for defendants Long Island Power Authority and Individual Trustees; Douglas P. Rutnik, of counsel.

Robert Simpson, Albany, N.Y., Acting Counsel, for Dept. of Public Service and Individual Com'n Members; David E. Blabey, James W. Brew, Lawrence G. Malone, Jonathan D. Feinberg, Marilyn M. Faulkner, of counsel.

Lou Lewis, P.C., Poughkeepsie, N.Y., for intervenor-defendant School Dist.; Lou Lewis, J. Scott Greer, of counsel.

Allen I. Sak, Brookhaven Town Atty., Medford, N.Y., for intervenor-defendant Bd. of Assessment; Francis J. Gluchowski, Asst. Town Atty., of counsel.


MUNSON, Chief Judge.

MEMORANDUM-DECISION AND ORDER

This action is the latest in a series of legal conflicts centering around the Shoreham Nuclear Power Station ("Shoreham"), an unlicensed nuclear reactor located on the north shore of Long Island in the Town of Shoreham, New York. See, e.g., Long Island Lighting Co. v. County of Suffolk, 628 F.Supp. 654 (E.D.N.Y.1986); Citizens for an Orderly Energy Policy,...

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