Indian Point: State denies certificate for future Hudson River use

The New York Department of State has refused to give Indian Point a certificate required for future use of the Hudson River — part of the Cuomo administration's ongoing attempt to block the plant's license renewal and force its closure.

Entergy Corp., which owns and operates the Indian Point nuclear power plant in Buchanan, has contended the state certificate is not needed for the plant's continued operation. The two sides are currently facing off in court over the issue.

Entergy is seeking to extend licenses for Indian Point's two reactors for 20 more years. The Atomic Safety and Licensing Board Panel, an arm of the U.S. Nuclear Regulatory Commission, will resume its hearings in the relicensing process next week in Tarrytown, focusing on safety concerns related to Indian Point's aging facilities.

Secretary of State Cesar Perales officially rejected Entergy's request for a Coastal Zone certificate on Nov. 6.

Perales wrote in his letter to Entergy that the plant has been "damaging the coastal resources of 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. Other issues raised by Perales in the denial letter included the plant's proximity to two active seismic faults as well as to the nation's most heavily populated area and its drinking water source.

"Indian Point's location and operations are incompatible uses in New York's coastal area," Perales said. "Relicensing the Indian Point facilities for an additional 20 years without substantial modification of the facilities will continue the environmental harms to the estuary and increase the threats to the public."

Perales, a member of Cuomo's cabinet, joins other state officials who have been critical of Indian Point's license renewal. State Attorney General Eric Schneiderman has raised concerns over the facility's safety, and Gov. Andrew Cuomo has called for Indian Point's closure.

Riverkeeper, a vocal opponent of Indian Point, welcomed the decision, saying that it has the "potential" to block Indian Point's license renewal.

Entergy, however, said the decision has no impact because the company had withdrawn its application for a Coastal Zone certificate last year.

A state appellate court has ruled that the plant is grandfathered in under the coastal management program, which came into effect in 1982. The case is pending before the state Court of Appeals.

NRC spokesman Neil Sheehan said the safety panel's hearing will take place as scheduled next week.

"The commission will decide on the Coastal Zone certification issue at a later time, most likely when a final decision is rendered on the Indian Point license renewal application. That decision will not occur for quite some time," Sheehan said.

The original 40-year license for Indian Point Unit 2 expired in September 2013 and the license for Unit 3 is set to expire next month. Entergy filed the renewal application in 2007 and is allowed to keep operating the reactors until the Nuclear Regulatory Commission decides on the application.

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