Indian Point Closure: Westchester County Exec Sues New York State

WESTCHESTER, NY — County Executive Rob Astorino said he will file Tuesday afternoon two lawsuits he has threatened over Indian Point. In April, Astorino said the secret deal broke environmental law because a review is required before, not after, the plant closes.

He is filing it privately, with a law firm acting pro bono.

"Whether you're for or against nuclear power isn't the issue," he said. "This is not a Hail Mary to keep the plant open."

In April Michael Kaplowitz, chairman of the Westchester County Board of Legislators, said the lawmakers would not support Astorino's plan to sue New York State in an attempt to force an Environmental Impact Review on the closing of the Indian Point nuclear facility.

Astorino rejected the logic, criticizing the Democrats for ignoring the massive problems. "The biggest environmental problem we'll ever face and they're going to take a pass on it."

The lawsuits seek to invalidate the January agreement between the state, the plant's owner and the environmental group behind most of the lawsuits against the plant until a full environmental review is done.

SEE: Westchester County Exec to Sue NY over Indian Point Closure

Astorino argues that Gov. Andrew M. Cuomo’s secret deal with Entergy and Riverkeeper to close the nuclear power plant should not move forward because the state did not complete a full environmental review prior to the agreement to shut the facility, as required by state law.

These lawsuits aim to make sure the closure complies with law and that tax- and ratepayers are protected. He said the poor and senior citizens on fixed incomes will be hit the hardest by higher costs electricity once the plant, which officially provides 25 percent of New York City and Westchester's electricity supply, is closed.

"Running a cord from Canada to NYC — there will be no environmental issues and it will be done on time...nobody believes that," he said.

Astorino was not slow to point out the irony that New York residents and businesses, who have been hit with higher rates under a state plan to keep two update nuclear power plants open, will have higher rates by 2021 once Units Two and Three are closed.

He said the site in Buchanan was going to become a "nuclear waste cemetery" with spent radioactive fuel rods stored there for generations.

Entergy, the owner of the Indian Point nuclear facility, had announced in January that it was closing the plant and New York and Riverkeeper were dropping all the legal cases they had going to prevent the plant from being re-licensed.

At the time, Entergy said it was closing the plant as a business decision.

Astorino instead focused on the governor's actions. Andrew M. Cuomo had been trying for years to get the plant to close. County officials said New York State failed to meet even the minimum requirements for SEQRA and an environmental impact statement prior to its Jan. 9 agreement to close Indian Point. An EIS is meant to provide the public with detailed information about the environmental consequences of the proposal, including social and economic impacts to local communities and the region, and contains both a cost analysis and a range of alternatives.

The first lawsuit, which must be filed today, has Astorino as the plaintiff. The second, which focuses on the issuance of a water quality permit, could be joined by others before it is filed in August.

"If we just pick and choose what laws to abide by then we don't have a society," he said.

Meanwhile, the New York State Department of Public Service today announced the first meeting of the Indian Point Closure Task Force. It will start at 7 p.m. May 31 at the Cortlandt Town Hall. The purpose of the initial task force meeting will be to discuss the scope and goals of the Task Force. It will also include presentations on key issues related to the planned closure of Indian Point.

SEE ALSO:

• New Task Force to Handle Closure Issues: Cuomo
• Cortlandt Supervisor: Update on Indian Point Closure
• Entergy Confirms Indian Point Nuclear Plant Will Close
• Plan for Indian Point Closing, Aftermath
• Indian Point Closing Will Have 'Catastrophic' Effect
• Atomic Safety and Licensing Board Closes Indian Point Hearing