Friday, October 31, 2008

Entergy Disputes Fishy DEC Decision in Court

Entergy, the owner of Indian Point nuclear power plant, has taken the New York Department of Environmental Conservation (DEC) to court to reverse the agency's ruling that the plant kills too many fish eggs with its current 'once through' Hudson river water cooling system. As such, the company disagrees with building a $2 billion cooling tower that DEC is attempting to force them to build to reduce fish eggs kills.

A regulatory adjudication is also pending to address these issues . One point of contention is that DEC already ruled that the facility causes an 'adverse environmental impact' via fish kills before the adjudication.

The DEC recently issued a permit to Entergy's FitzPatrick station, a nuclear plant on the southeastern Lake Ontario shore where no closed-cycle cooling has been required. AAEA participated in this proceeding. (

Finally, the U.S. Supreme Court hear a case in December examining whether the Clean Water Act can force a change to the best technology available without regard to costs.

No comments: