New York sues NRC over Indian Point decommissioning

Indian Point nuclear power plant in Buchanan, N.Y. Photo: Entergy Nuclear

New York Attorney General Letitia James filed a lawsuit on behalf of the State of New York against the Nuclear Regulatory Commission over the sale of the Indian Point nuclear power plant to subsidiaries of Holtec International for decommissioning.

Filed in the U.S. Court of Appeals for the District of Columbia Circuit on January 22, the suit challenges the NRC’s denial of New York’s petition for a hearing regarding the transfer of Indian Point’s licenses from owner Entergy to Holtec, as well as the NRC’s initial approval of the license transfer. The NRC approved the transfer in November 2020 while challenges from the state and other groups were still being adjudicated. The NRC issued its order denying New York’s petition to intervene on January 15.

The transfer of ownership of the plant from Entergy to Holtec is targeted to occur after Indian Point-3 shuts down in April 2021. Indian Point-2 permanently ceased operations in April 2020, and Indian Point-1 has been shut down since 1974. The pressurized-water reactors are located in Buchanan, N.Y., approximately 24 miles north of New York City.