Dive Brief:
- The New York Court of Appeals this week determined the state has the right to review Entergy Corp.’s request for a Coastal Consistency Determination at its Indian Point nuclear plant, a major win for Gov. Andrew Cuomo (D)'s bid to shutter the plant, the Associated Press reports.
- The facility is located about 40 miles north of New York City, and Cuomo has said it is impossible to operate safely so closely to the most populous metropolitan area in the country.
- Entergy has requested a 20-year license renewal from the Nuclear Regulatory Commission, and had argued the state did not have oversight over the process. Indian Point Units 2 and 3 have been operating since the mid-1970s.
Dive Insight:
New York's relationship with its nuclear plants is a strange thing: for three of them, it has allocated billions of dollars to keep running. The fourth, the state has tried for years to close down.
On Monday, Associated Press reports Cuomo's quest to mothball Indian Point got a major win: The state's highest court sided with the New York Department of State, allowing it to ensure the Indian Point continues to operate in compliance with the state's coastal regulations.
Entergy had argued that the state's concerns over its water permit were a cover for safety concerns, which it said fall to the U.S. Nuclear Regulatory Commission.
In February, Cuomo ordered an investigation of the plant, over concerns it was leaking contaminated water, with monitoring wells showing a spike in radiation. A statement from Cuomo noted the state had already concluded Entergy's relicensing application is inconsistent with the state's Coastal Management Program.
"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.