State can re­view In­dian Point ap­pli­ca­tion

Daily Freeman (Kingston, NY) - - FRONT PAGE -

New York has a right to en­sure com­pli­ance with coastal man­age­ment protections, the judges say.

New York’s Depart­ment of State has the right to re­view fed­eral re­li­cens­ing ap­pli­ca­tions for the In­dian Point nu­clear power fa­cil­ity on the lower Hud­son River to en­sure com­pli­ance with coastal man­age­ment protections, the state’s high­est court ruled on Mon­day.

Gov. An­drew Cuomo praised the unan­i­mous de­ci­sion by the Court of Ap­peals, say­ing the In­dian Point re­li­cens­ing ap­pli­ca­tion with the fed­eral Nu­clear Reg­u­la­tory Com­mis­sion was in­con­sis­tent with New York’s long-stand­ing Coastal Man­age­ment Pro­gram re­quire­ments.

“In­dian Point is an­ti­quated and does not be­long on the Hud­son River in close prox­im­ity to New York City,” said Cuomo, who long has ar­gued that In­dian Point’s two nu­clear re­ac­tors, 35 miles north of Man­hat­tan in Buchanan, Westch­ester County, should be shut down due to the risks of ter­ror­ism, nat­u­ral dis­as­ter or fail-

ure of ag­ing plant com­po­nents.

In­dian Point is about 50 miles south­east of Kingston.

In re­ject­ing plant owner En­tergy’s re­quest for a Coastal Zone cer­tifi­cate in Novem­ber 2015, New York’s Depart­ment of State said In­dian Point has been dam­ag­ing the Hud­son River for the past 40 years, with­draw­ing up to 2.5 bil­lion gal­lons of wa­ter a day and killing at least 1 bil­lion fish in the process.

New Or­leans-based En­tergy had ar­gued In­dian Point wasn’t sub­ject to the state’s Coastal Zone Man­age­ment Plan be­cause the plant was op­er­at­ing be­fore the plan took ef­fect in the early 1980s.

En­tergy spokesman

Jerry Nappi said the com­pany is re­view­ing the de­ci­sion to de­ter­mine next steps, which could in­clude re­fil­ing its ap­pli­ca­tion for a Coastal Zone Man­age­ment per­mit. En­tergy has con­tin­ued op­er­at­ing the fa­cil­ity pend­ing fed­eral ac­tion on its 2007 ap­pli­ca­tion for a new 20year li­cense.

“The fa­cil­ity con­tin­ues to safely op­er­ate in a man­ner that is fully pro­tec­tive of the Hud­son River and in com­pli­ance with state and fed­eral law,” Nappi said.

State At­tor­ney Gen­eral Eric Sch­nei­der­man called Mon­day’s court de­ci­sion “a ma­jor vic­tory for the con­tin­ued health and pro­duc­tiv­ity of our state’s en­vi­ron­ment.”

The court rul­ing means fed­eral reg­u­la­tors will have to con­sider the state’s ob­jec­tions to In­dian Point’s use of the Hud­son River as part of its li­cens­ing de­ci­sion.

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