The Daily Q: How much power does Gov. Cuomo have over Indian Point's fate?

The Daily Q: How much power does Gov. Cuomo have over Indian Point’s fate?

Posted January 11, 2012 By Alexander Hotz

How much power does Gov. Cuomo have over Indian Point’s fate?

Yesterday the Indian Point nuclear power plant on the Hudson River north of New York City reported that it shut down one of its reactors after a radioactive leak was found at the facility. Although the plant’s owner, Entergy Nuclear, said the leak posed no threat to workers or the public and that the leak was contained in a pump, the incident is a reminder of the controversy around Indian Point, whose reactor licenses are set to expire in 2013 and 2015. In his recent State of the State address Gov. Andrew Cuomo voiced his opposition to renewing the plant’s licenses, saying that its close proximity (35 miles) to New York City poses unacceptable safety risks.

Yet Indian Point’s two reactors are licensed by the federal government, via the Nuclear Regulatory Commission. So the New York World wants to know: How much power does Gov. Cuomo have over Indian Point’s fate?

If you have information or insights to share, please comment below, write us, or tweet to @thenyworld.

What we found

Gov. Andrew Cuomo has no legal power to stop the Indian Point power plant from having its reactors’ licenses renewed. The federal Nuclear Regulatory Commission is the only agency that has the power to renew or deny a license. That said, the governor’s political power does give him “tremendous sway over the decision,” according to National Resources Defense Council Energy Counsel Kit Kennedy. This spring, the Nuclear Regulatory Commission will begin holding hearings about the plant’s license renewal, and among those attending those hearings will be New York State officials lobbying for the plant’s closure on behalf of the governor. Again, those officials don’t have any decision making power but, Kennedy said, “it makes a big difference if the state is advocating for the shutdown.”

The license issue aside, most of Cuomo’s leverage over the plant comes from the governor’s control of the state’s Department of Environmental Conservation (DEC). Currently that agency is in court with Entergy, the company that owns the plant, over its permit to use Hudson River water, which Indian Point uses to cool its reactors. For decades that use has damaged the ecosystem, according to the New York based environmental organization Riverkeeper, killing at least 1 billion fish and other river creatures annually. If DEC prevails in court and Entergy is denied its permit, Entergy would have to build cooling structures worth an estimated $1.1 billion. Entergy has said that the price tag and 42 weeks of construction time during which the plant would be be down could end up closing the plant. The case is still tied up in court under administrative appeal after DEC denied Entergy its permit in March 2010.

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<h1>The Daily Q: How much power does Gov. Cuomo have over Indian Point’s fate?</h1><h3>How much power does Gov. Cuomo have over Indian Point’s fate?</h3>
<p><a onclick="javascript:pageTracker._trackPageview('/outgoing/www.thenewyorkworld.com/wp-content/uploads/2012/01/dailyQ2-01.jpg');"  href="http://www.thenewyorkworld.com/wp-content/uploads/2012/01/dailyQ2-01.jpg"><img class="alignleft size-full wp-image-2600" title="dailyQ2-01" src="http://www.thenewyorkworld.com/wp-content/uploads/2012/01/dailyQ2-01.jpg" alt="" width="105" height="105" /></a></p>
<p>Yesterday the Indian Point nuclear power plant on the Hudson River north of New York City reported that it <a onclick="javascript:pageTracker._trackPageview('/outgoing/www.cbsnews.com/8301-505245_162-57356159/pump-problem-shuts-entergy-reactor-in-nyc-suburbs/');"  href="http://www.cbsnews.com/8301-505245_162-57356159/pump-problem-shuts-entergy-reactor-in-nyc-suburbs/">shut down</a> one of its reactors after a radioactive leak was found at the facility. Although the plant’s owner, Entergy Nuclear, said the leak posed no threat to workers or the public and that the leak was contained in a pump, the incident is a reminder of the controversy around Indian Point, whose reactor licenses are set to expire in 2013 and 2015. In his recent State of the State address Gov. Andrew Cuomo voiced his opposition to renewing the plant’s licenses, saying that its close proximity (35 miles) to New York City poses unacceptable safety risks.</p>
<p>Yet Indian Point’s two reactors are licensed by the federal government, via the Nuclear Regulatory Commission. So the New York World wants to know: <strong>How much power does Gov. Cuomo have over Indian Point’s fate?</strong></p>
<p>If you have information or insights to share, please comment below, <a onclick="javascript:pageTracker._trackPageview('/mailto/nyworld@thenewyorkworld.com');"  href="mailto:nyworld@thenewyorkworld.com">write us</a>, or tweet to @thenyworld.</p>
<p> </p>
<h3>What we found</h3>
<p>Gov. Andrew Cuomo has no legal power to stop the Indian Point power plant from having its reactors’ licenses renewed. The federal Nuclear Regulatory Commission is the only agency that has the power to renew or deny a license. That said, the governor’s political power does give him “tremendous sway over the decision,” according to National Resources Defense Council Energy Counsel Kit Kennedy. This spring, the Nuclear Regulatory Commission will begin holding hearings about the plant’s license renewal, and among those attending those hearings will be New York State officials lobbying for the plant’s closure on behalf of the governor. Again, those officials don’t have any decision making power but, Kennedy said, “it makes a big difference if the state is advocating for the shutdown.”</p>
<p><span id="more-2677"></span></p>
<p>The license issue aside, most of Cuomo’s leverage over the plant comes from the governor’s control of the state’s Department of Environmental Conservation (DEC). Currently that agency is in court with Entergy, the company that owns the plant, over its permit to use Hudson River water, which Indian Point uses to cool its reactors. For decades that use has damaged the ecosystem, according to the New York based environmental organization Riverkeeper, killing at least 1 billion fish and other river creatures annually. If DEC prevails in court and Entergy is denied its permit, Entergy would have to build cooling structures worth an estimated $1.1 billion. Entergy has said that the price tag and 42 weeks of construction time during which the plant would be be down could end up closing the plant. The case is still tied up in court under administrative appeal after DEC denied Entergy its permit in March 2010.</p>

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