A federal judge has sided with Holtec International in a dispute over a New York law that barred the discharge of radioactive materials into the Hudson River during the decommissioning of the Indian Point nuclear facility. The ruling underscores the primacy of federal oversight in nuclear safety decisions.
On Wednesday, U.S. District Judge Kenneth Karas held that a 2023 New York statute (commonly known as the “Save the Hudson” law) was preempted by federal law. The judge found that the state statute, which prohibits radioactive discharges in connection with decommissioning, “categorically precludes Holtec from utilizing a federally accepted method of disposal.”
Judge Karas reasoned that by requiring Holtec to alter how it disposes of tritiated (radioactive) water, the statute “directly and substantially affects decisions concerning radiological safety levels.” He also rejected New York’s argument that Holtec should have proposed alternative methods to comply with the discharge ban.
Holtec had filed suit to overturn the state law after Governor Kathy Hochul signed the bill in August 2023, making it illegal to discharge radiological substances into the Hudson River during decommissioning. In its filings, Holtec argued the law forced it to select an alternative disposal method even if discharge under NRC regulation would be safe, a requirement that would raise decommissioning costs and delay the project.
Holtec maintained that its plan to dispose of millions of gallons of treated, diluted tritiated water into the Hudson fully complied with Nuclear Regulatory Commission (NRC) licenses and federal standards. The company also warned that the state law might push the decommissioning timeline back to 2041, eight years beyond earlier targets.
In its defense, the New York Attorney General’s office, which had defended the state law, did not immediately respond to inquiries following the ruling. Earlier, the state alleged Holtec had, “during the fourth quarter of 2023 … discharged radiological substances into the Hudson River in connection with decommissioning” in violation of the law. Holtec countered that such discharges involved groundwater and stormwater not associated with decommissioning activity, which the statute does not cover.
Indian Point, whose reactors shut down in 2020 and 2021, lies in Buchanan, New York, about 45 miles north of Manhattan. The plant’s closure had long been controversial because of its proximity to the city and concerns over safety.
Holtec said it was pleased by the ruling and affirmed its intent to continue decommissioning in an “environmentally responsible” way while cooperating with federal, state, and local stakeholders.
By Charles Kennedy for Oilprice.com
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