ML20215N696
| 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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BRA M October 29, 1986 l
l HAND DELIVERED Mr. David McLoughlin Deputy Associate Director of State and Local Programs and Support f
Federal Emergency Management Agency 500 C Street, S.W., Room 706 i
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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 that LILCO does not have legal authority to implement its emergency plan.
Your memorandum, as now written, requests Region II to conduct its RAC review on the basis of: an assumption that l
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'j violates the Constitution and laws of the State of New York.
l 8611070172 861029 PDR ADOCK 05000322 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:
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