Date: April 30, 2010
Entergy Requests Hearing, Asserts DEC's Staff Denial to Renew Indian Point Water Quality Permit is Unsupported by the Facts and Contrary to DEC Practices
White Plains, N.Y. — Entergy Nuclear Operations today filed a request for an adjudicatory hearing to review the legal and factual basis of a recent decision by the New York State Department of Environmental Conservation staff denying Entergy's application to renew its Section 401 Water Quality Certificate.
The certificate is sought by Entergy in conjunction with its license renewal application for the Indian Point nuclear power plant units 2 and 3 before the federal Nuclear Regulatory Commission. In its request, Entergy points out that DEC staff assertions are unsupported by the facts and contrary to DEC practices.
"Today's request for intervention to the administrative law judges reflects our strong belief that the DEC staff, in this instance, is mistaken in its conclusions," said Fred Dacimo, Entergy Vice President - License Renewal. "The facts of this case clearly show that Entergy, based on latest research and technological advances, is proposing a technology -- Wedgewire screens -- that will significantly advance our longstanding efforts to protect Hudson River fish eggs and larvae while not adversely affecting human health or the Hudson's scenic shoreline. This is the common sense, smarter solution."
In today's filing, Entergy requests the opportunity to address multiple threshold legal issues that should be resolved prior to the adjudicatory hearing on the factual disputes, in order to avoid the needless waste of public resources. For example:
"Throughout this proceeding, DEC staff ignored the agency's own customary practice in pursuit of this denial, with no indication as to why the department has chosen to treat Indian Point -- a plant which supplies sizable amounts of low-cost, virtually pollution-free electricity to downstate New York -- differently than all other nuclear plants in the state," said Dacimo.
In addition to issues pertaining to matters of law, Entergy's request for a hearing disputes a number of alleged facts that DEC staff cited as a basis for denying the application. Entergy requests administrative law judge review of the following factual disputes:
"We look forward to a prompt and appropriate resolution of this matter," said Dacimo. "Once the facts of this case are thoroughly and fairly reviewed, it will be clear that the Wedgewire screens alternative proposed by Entergy offers the state the best overall environmental solution to protect human health, the environment, and fish populations in the Hudson. It is the smarter solution."