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NY Court Says State Has Right To Review Nuke Plant Permit

New York's highest court says the state has the right to review federal relicensing applications for the Indian Point nuclear power facility on the lower Hudson River.

ALBANY, NY — New York's highest court says the state has the right to review federal relicensing applications for the Indian Point nuclear power facility on the lower Hudson River.

Monday's Court of Appeals decision, reversing a midlevel court ruling, says the New York Department of State has the right to review Entergy's applications to ensure consistency with coastal protections.

The power plant is in Buchanan, 35 miles north of Manhattan. It sits on an estuary where saltwater tides from the Atlantic Ocean flow in and out.

Entergy spokesman Jerry Nappi says the company is reviewing the decision to determine next steps, which could include refiling its application for a state Coastal Zone Management permit.

New Orleans-based Entergy has continued operating the facility pending federal Nuclear Regulatory Commission action on its 2007 application for a new 20-year license.