ML20213F437

Responds to Util .State of Ny Supreme Court Decision Not Stayed or Reversed & Binding.Related Correspondence

ML20213F437
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	11/07/1986
From:	Brown H KIRKPATRICK & LOCKHART
To:	Perry S Federal Emergency Management Agency
References
CON-#486-1473 OL-5, NUDOCS 8611140207
Download: ML20213F437 (2)

Text

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GFFr neo otma autem DocQ../* rrTTssutcH.rA H222 HERBERT H. BROWN (202) 452 7005 5". . ?,'l , <*in m4500 November 7, 1986 3 g.,31 v'"""

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BY TELECOPIER Spence W. Perry, Esq.

General Counsel Federal Emergency Management Agency 500 C Street, S.W., Room 840 _

Washington, D.C. 20472 {

Dear Mr. Perry:

The November 6 letter of LILCO's counsel requires a brief response.

1. A decision of the New York State Supreme Court is binding unless stayed or reversed on appeal. The February 20, 1985 decision has not been stayed or reversed. It is thus binding.

2. FEMA cannot assume the February 20, 1985 decision out of existence by pretending in its RAC review that the Supreme Court did not rule, that the decision was stayed, or that the decision was reversed.

3. Whether the RAC review is termed " technical," as LILCO suggests, or anything else, it has to conform with law. The review cannot proceed on the basis of an assumption that flouts the February 20, 1985 decision.

4. FEMA is performing its RAC review of Revisions 7 and 8 today, not two years ago. The present action of FEMA cannot disregard today's binding law.

5. FEMA is required to act in the public interest, not to be a part of LILCO's tactical gimmicks to license Shoreham at the 8611140207 861107 PDR ADOCK 05000322 G PDR 0561 ,

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KIRKPATRICK & LOCKHART Spence W. Perry, Esq.

November 7,1986 Page 2 It surely would not damage FEMA f the now to New expense of public safety. bring its RAC review into line with the binding r York State Supreme Court.

Very truly yours, N

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Herbert H. Brown I

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