State Leaders Applaud Court Decision on Indian Point Review
Governor Andrew Cuomo and Attorney General Eric Schneiderman applauded a decision rendered last week by the state Court of Appeals that reaffirmed the state’s authority to review the federal applications of the owners of the Indian Point nuclear power plants for renewal of its licenses.
In a unanimous decision November 21, the Court of Appeals rejected Entergy’s claims that Indian Point was exempt from the state’s coastal zone program. In November 2015, the New York Department of State denied a coastal consistency certification for Entergy’s relicensing application to the Nuclear Regulatory Commission (NRC), determining it didn’t comply with the state’s federally-approved Coastal Management Program with respect to protections for coastal ecosystems, fish and wildlife resources and habitats.
“Today’s decision represents a major victory for the continued health and productivity of our state’s environment,” said Schneiderman. “Among our most important laws are those that protect sensitive ecosystems, including New York’s lower Hudson River and its natural resources. The court has now made it clear that policies protecting New York’s critical coastal resources are a necessary factor in considering whether to relicense the Indian Point facility.”
The NRC has been reviewing Entergy’s application for a 20-year license renewal for Indian Point Units 2 and 3 since April 30, 2007. The license for Unit 2, which has been operating since August 1974, expired on September 28, 2013. The license for Unit 3, which has been operating since August 1976, expired December 12, 2015. Both plants have been allowed to continue operating under the expired licenses while the NRC scrutinizes the renewal application.
Cuomo has been an outspoken opponent of Indian Point being able to continue operating safely and reiterated his concerns last week.
“Indian Point is antiquated and does not belong on the Hudson River in close proximity to New York City, where it poses a threat not only to the coastal resources and uses of the river, but to millions of New Yorkers living and working in the surrounding community,” Cuomo said.
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