“Federal officials asked for an update after a court ruled in favor of the state, which wants the nuclear plant shut down.

CORTLANDT, NY — The Atomic Safety and Licensing Board has released Entergy’s answer to its question about what the recent court decision on the Coastal Zone Management issue might mean for the license renewal proceedings for Indian Point Units 2 and 3.

The New York State Court of Appeals ruled in November that the state has the right to review Entergy’s applications to renew Indian Point’s operating licenses for consistency with a Coastal Management Plan that state officials have already said the nuclear plant violates.

Entergy’s response to the ASLB also includes an update on what’s going on with respect to the state’s review of the plant’s water discharge permit.

NB: There are no environmental contentions pending before the ASLB at this time; the request was for updated information on pending or anticipated matters that could affect the relicensing. New York State and Riverkeeper were also asked for updates.

In its response, Entergy makes clear it is pursuing challenges on multiple fronts in the CZMA issue, including with the National Oceanic and Atmospheric Administration. If there are unfavorable rulings, it will file appeals including to the U.S. Secretary of Commerce.

As far as the water discharge issue, Entergy reported making some progress on resolving some concerns while raising pre-emption concerns on others. The question of cooling towers is still up in the air.

However, Entergy pointed out that the company cannot provide the ASLB’s requested estimate of how long it would take to comply with New York’s Coastal Management Program, because the state takes the position that a shutdown of both IP2 and IP3 is the only available means to address aquatic issues at Indian Point.

Entergy also pointed out that because more than seven years have passed since Entergy applied to NYSDEC for water quality certification and the agency has yet to reach a final determination, Entergy has asked the Nuclear Regulatory Commission to determine that New York waived its rights due to failure to rule on Entergy’s application. That request remains under review by NRC staff.”

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