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Court decision impacts Indian Point


November 22, 2016

OSSINING, NY — The NYS Court of Appeals unanimously determined that the New York Department of State (DOS) was correct regarding its determination that it has the right to review Entergy’s applications to renew federal licenses to operate the Indian Point nuclear facility.

The Court ruled that the Secretary of State had the right to review the permits to ensure they are consistent with New York’s Coastal Management Program, reversing a decision made by a lower court. Citing numerous environmental and public safety concerns, the NYS Department of State filed an objection to Indian Point’s application for a Coastal Consistency Certification in late 2015. Riverkeeper was granted permission to intervene as a friend of the court and filed a brief supporting the DOS.

Riverkeeper President Paul Gallay issued this statement: “This is a monumental day. This decision effectively stops the Nuclear Regulatory Commission from re-licensing Indian Point.

“The Coastal Zone Management Act (CZM) gives the New York Secretary of State the authority to refuse certification of any project that significantly impacts river resources. In late 2015, the Secretary of State ruled that Indian Point was inconsistent with over a dozen policies designed to protect the Hudson River and its surrounding communities.

Entergy released a statement saying, “Notwithstanding today’s court decision, we continue to believe we will ultimately be successful in obtaining a CZM permit and relicensing Indian Point.”