Campaign to shut Entergy’s Indian Point Nuclear Plant granted court win

New York Governor Andrew Cuomo’s campaign to shut Entergy Corp.’s Indian Point nuclear power plant moved ahead with a court ruling that renewing its federal licenses will require a review of whether it meets current environmental standards.

The New York Court of Appeals, the state’s top court in Albany, on Monday said the plant must comply with 1982 regulations designed to protect fish and wildlife resources, control air and water pollution and minimize damage from flooding or erosion. The company argued it was sufficient that the facility, which opened in 1962, complied coastal management requirements in effect at the time.

The ruling is a win for Cuomo, who has pushed to permanently close the complex in Buchanan on the Hudson River because of the radioactive risk it poses to New York City, 25 miles (40 kilometers) to the south.

The U.S. Nuclear Regulatory Commission said in May that it was revamping its assessment of potential accidents at the plant after the state pointed to flaws in previous studies. It’s unclear how Monday’s decision will affect Indian Point’s bid for a 20-year license renewal, said Kit Konolige, a Bloomberg Intelligence analyst.

“New York’s contention is that the coastal zone items have to be satisfied for a license renewal,” Kit Konolige said, adding that the NRC ultimately controls whether Entergy gets a new license, a decision that will likely take years. “This is an ongoing chess game.”

The plant has a generating capacity of more than 2,000 megawatts, or about 25 percent of the power used in New York City and suburban Westchester County, according to Entergy’s website. The company said on Twitter after the decision that Indian Point contributes $1.6 billion in economic benefits each year.

(Photo by Stephen Chernin/Getty Images)