Appellate Court Rules Indian Point Exempt from State Coastal Review Program

The State Supreme Court Appellate Division Thursday ruled that Indian Point units 2 and 3 are exempt from coastal consistency review under the state’s Coastal Management Program.

The decision by the five-judge panel reversed an earlier decision by a lower court that had reached the opposite conclusion.

Thursday’s ruling affirms Entergy’s position that it is not required to seek a new Coastal Consistency Certification from the State Department of State in order to obtain license renewal for the two Indian points from the Nuclear Regulatory Commission.

Because Indian Point began operating in the mid-1970s and an environmental impact statement for each unit was prepared prior to the effective date of New York State’s waterfront regulations, coastal consistency certification for units 2 and 3 is automatically grandfathered for the plants’ entire lifetime under state law, the court ruled.

This latest ruling is subject to review by New York’s highest court if discretionary leave to appeal is granted.

Entergy is required to demonstrate that it has satisfactorily resolved Coastal Zone Management Act issues before the NRC may issue a renewed license for Indian Point.  (Mid Hudson News Network, 12-11-2014)