The Atlantic Legal Foundation announced today that it has filed a lawsuit seeking to nullify the sale of the Shoreham nuclear power plant by the Long Island Lighting Company to the Long Island Power Authority.
The suit, which names Governor Mario Cuomo as a defendant, is an attempt to stop the decommissioning of Shoreham and to prevent construction of oil or natural gas-burning power plants to supply the electricity Shoreham is capable of generating.
Other defendants are LILCO, the Long Island Power Authority, the New York Power Authority and the Public Service Commission of New York. Plaintiffs in the case include 14 individual LILCO ratepayers who reside on Long Island and Scientists and Engineers for Secure Energy, a nationwide group of scientists and engineers whose membership includes Dixie Lee Ray, former chairwoman of the Atomic Energy Committee; Joseph Hendrie, former chairman of the Nuclear Regulatory Commission, and four Nobel Prize winners, Robert Hofstadter, Glenn Seaborg, Eugene Wigner and Manson Benedict.
The suit charges that no environmental impact assessment was made of the consequences of dismantling Shoreham and building large fossil fuel- burning plants which will produce significant emissions of pollutants and carbon dioxide endangering the health of residents in the Northeast, contributing to the greenhouse effect and increasing imports of oil. The Article 78 proceeding alleges that the governor and other state agencies exceeded their authority by not obtaining legislative authorization to acquire Shoreham and construct fossil fuel plants. Justice Lawrence E. Kahn of the New York State Supreme Court, Albany County, signed a show cause order requiring the defendants to appear on August 11 to explain why the actions of the state agencies to purchase and decommission Shoreham and construct fossil fuel plants should not be set aside. The Atlantic Legal Foundation is a non-profit, public interest foundation that litigates broad constitutional issues in the defense of the free market system and in protection of fundamental individual liberties against excessive governmental intrusion.