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

Hancock, Jr., J.

(dissenting). This case involves the constitutional limits on the reach of gubernatorial power, not the relative merits of nuclear power, the wisdom of a nuclear-oriented national energy policy, or whether the Shoreham nuclear power facility should be decommissioned.1 The critical *418issue is whether the Governor, purporting to act under the authority of the LIPA statute, has effectively overruled that statute and defeated its very purpose by:(1) directing that LIPA acquire Shoreham in disregard of the statute’s specific provisions making LIPA’s authority to acquire any part of…