ML20215N696

Objects to Statement in 861006 Memo Re FEMA Having Necessary Authority to Manage & Implement Util Offsite Emergency Plan. Statement Should Be Deleted Based on State of Ny Supreme Court Ruling Re Plan Implementation.Related Correspondence

ML20215N696
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/29/1986
From:	Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Mcloughlin D Federal Emergency Management Agency
References
CON-#486-1376 OL-5, NUDOCS 8611070172
Download: ML20215N696 (2)

Text

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l HAND DELIVERED Mr. David McLoughlin Deputy Associate Director of State and Local Programs and Support f Federal Emergency Management Agency i i 500 C Street, S.W., Room 706

{' washington, D.C. 20472 t 8 , -s

Dear Mr. McLoughlin:

I.am writing on-behalf of Suffolk County and with authorizationLof the State of New York and the Town of Southampton'(" Governments") in reference to your October 6, 1986, memorandum to the Acting Director of FEMA's Region II. Therein, you request a " full Regional Assistance Committee (RAC) review" of Revisions 7 and 8 of LILCO's emergency plan and of LILCO's

' responses to FEMA's assessment of_the February 13, 1986, exercise.

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The3 Governments object to the following statement in your memorandum:

In, performing this review, the'RAC may have to assume, pending final resolution of the issue in the courts, that the authority necessary to manage and implement the offsite plan exists.

- The Governments request (1) that you immediately delete the foregoing statement from your memorandum because it requests

Region II to act pursuant to an assumption that is contrary to law; and (2) that you instruct Region II to make only the lawful i

assumption its emergency that plan. LILCO does not have legal authority to implement Your memorandum, as now written, requests Region II to conduct its RAC review on the basis of: an assumption that l

'j violates the Constitution and laws of the State of New York. On l

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, $ . f;h KIRKPATRICK & LOCKHART Mr. David McLoughlin October 29, 1986 Page 2 February 20, 1985, the New York State Supreme Court ruled that LILCO does not have legal authority to implement its emergency plan. The Court's ruling has not been stayed and, therefore, is fully in effect. FEMA does not have the liberty to flout this ruling by performing its RAC review on the basis of the unlawful

. assumption specified in your memorandum. Contrary to your statement, FEMA, just like everyone else in this cou'ntry, is bound to adhere faithfully to the law of the land. The New York State Supreme Court's ruling is that. law.

I.look forward to your early response.

Very truly you'rs, Herbert H.' Brown cc: Service List-O l

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