"Holtec's attorneys argued that New York overstepped its authority when it passed the 'Save the Hudson' bill in August 2023, a measure aimed at protecting the Hudson Valley from wastewater linked to the shuttered nuclear facility."
Discussion
"Governor Kathy Hochul signed the bill into law after it passed both chambers of the state legislature unanimously. The law updated state environmental regulations and established fines for violations aimed at protecting the Hudson River.
More than 100,000 people get their drinking water from the Hudson River, which has undergone extensive clean-up efforts over the past few decades.
However, US District Judge Kenneth Karas ruled last week that New York's ban was unconstitutional, affirming that the federal government alone can regulate discharges from the decommissioned nuclear facility.
The Indian Point nuclear power plant, located just south of Peekskill, permanently shut down in 2021 after nearly six decades of operation.
Within weeks of the closure, the facility was sold to Holtec International, which specializes in dismantling retired nuclear plants and managing spent nuclear fuel."
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"U.S. District Judge Kenneth Karas agreed, ruling last week that the state ban is unconstitutional and that only the federal government has the right to regulate what is discharged from the decommissioned nuclear plant.
Representatives for state Attorney General Letitia James, who represented New York in the case, did not comment on the record about the judge’s decision or whether the state planned to appeal.
The three-unit Indian Point nuclear power plant just south of Peekskill permanently shut down in 2021 after nearly 60 years in operation as part of the Consolidated Edison Company. Within a month of its closure, the state Public Service Commission approved the sale and transfer of the facility to Holtec, which specializes in decommissioning former nuclear sites and disposing of spent fuel."
"Opponents were particularly concerned about the presence of tritiated water, a radioactive form of water that contains tritium, a byproduct in nuclear reactors that bonds with oxygen. Tritium can’t be filtered out because it has the same chemical composition as normal water, according to the U.S. Nuclear Regulatory Commission, which also noted that nuclear power plants “routinely and safely release dilute concentrations of tritiated water.”
Attorneys for Holtec argued that the radiation exposure from Indian Point discharge was estimated to remain well within regulated safety limits. Throughout the operation of Indian Point, millions of gallons of water containing tritium were already discharged into the Hudson River."
"“We are pleased with last week’s federal court ruling, as it has always been our contention that radiological water discharge falls under the purview of the federal government and the (U.S. Nuclear Regulatory Commission),” said Patrick O’Brien, a spokesperson for Holtec International. “We will continue to decommission the Indian Point site in an environmentally responsible manner, working with local, state and federal stakeholders.”
The “Save the Hudson” bill was unanimously passed by both state legislative chambers before Gov. Kathy Hochul signed it into law in August 2023. The bill amended state regulations governing environmental conservation and set fines for violations."