Holtec says no wastewater releases imminent

A federal judge ruled on Wednesday (Sept. 24) that the state overstepped its authority when it passed a law to prevent the company decommissioning the former Indian Point nuclear plant near Philipstown from discharging radioactive wastewater into the Hudson River.

The Save the Hudson act was passed in August 2023 to prevent Holtec International from discharging water containing tritium as it decommissions the shuttered nuclear power plant near Peekskill. Holtec sued in April 2024, arguing that the Atomic Energy Act of 1954 gives the federal government the "exclusive right to regulate the discharge of radioactive materials from nuclear power plants."

The company also argued that the discharges would be far below the federal government's limits for tritium in wastewater and that Indian Point had routinely made similar discharges during its 50 years of operation. Judge Kenneth Karas, based in White Plains, agreed, ruling that Holtec was within its rights as it had assured compliance with federal regulations.

The state has not announced whether it will appeal. However, during a Sept. 25 meeting of the Indian Point Decommissioning Oversight Board, Holtec stated that it does not plan any discharges in the near term and will discuss the issue with local stakeholders this month. If the company decides to release wastewater, it must provide the state with at least 30 days' notice.

"Everyone is still digesting this," said Pete Harckham, a Democrat who introduced the Save the Hudson Act in the state Senate. "We don't know what the attorney general will do." The act was introduced in the Assembly by Dana Levenberg, a Democrat whose district includes Philipstown.

Holtec also said on Thursday that it is not considering reopening Indian Point

despite an article in Politico in which Kelly Trice, the company's president, suggested that it was feasible. The company estimates that rebuilding the reactors would cost $8 billion to $10 billion and take four years. Its estimate was prepared because the federal Department of Energy is "asking everyone that has a closed or decommissioned site," said Patrick O'Brien, a Holtec official.

"The question we always get asked is, 'Is it possible to potentially rebuild Indian Point?'" O'Brien said at the Sept. 25 oversight meeting. "Our goal is to answer the question once and for all publicly and just say yes, but if the political will exists."

In January, five Republican senators from other parts of the state introduced a bill to establish a commission to examine the reopening of Indian Point, saying that the closure "has proven to be a significant setback in terms of grid reliability and capacity." The bill died in committee during the previous session.

If Holtec were to attempt to reopen Indian Point, it would face tremendous hurdles. First, as part of the shutdown agreement, any plans to create nuclear energy at the site must be unanimously approved by the Village of Buchanan, the Town of Cortlandt, Westchester County, New York State and the Hendrick Hudson School District.

At the oversight meeting, Susan Spear, the commissioner of emergency services for Westchester County, read a statement from County Executive Ken Jenkins in which he declared that the county "will not agree to support and will oppose any application for nuclear reactors at the Indian Point site." According to Jenkins, "We need to just move on."

The company's estimate for reopening is based on rebuilding the plant, although its reactors have been dismantled. "We would use existing equipment and add reconstituted parts," said O'Brien. "There's still good equipment there. For now, we're continuing down a path of decommissioning."

In addition, because the design of Indian Point was found, near the end of its lifecycle, to violate the Clean Water Act, any new nuclear there wouldn't be able to draw water from the Hudson.

Holtec is in the final stages of attempting to restart the Palisades Nuclear ...