Citizens for an Orderly Energy Policy, Inc. v. Cuomo

OPINION OF THE COURT

Bellacosa, J.

The fundamental fulcrum of this case is the validity of the February 1989 "Settlement Agreement”, providing essentially for the Long Island Power Authority (LIPA) to acquire the Long Island Lighting Company’s (LILCO) Shoreham Nuclear Plant and to close that plant. We affirm the lower courts’ determinations unanimously upholding the Agreement against a host of challenges.

I. SHOREHAM

LILCO’s nuclear reactor power plant, sited on Long Island Sound in the Shoreham community of the Town of Brookhaven, Suffolk County, was conceived in 1965 as a 540 megawatt nuclear…