In the New York metropolitan area in recent weeks, nuclear energy has not been in the news as much as other issues relating to power, or the lack thereof. During this period, however, three administrative law judges (ALJs) for the Nuclear Regulatory Commission (NRC) have been in the middle of hearings on a topic that could affect the future of power generation in New York, and elsewhere, for years to come.
The ALJs will determine, in essence, whether two reactors at the Indian Point nuclear plant, about 35 miles north of Manhattan, will be able to continue to operate. Their ruling undoubtedly will be followed by appeals and a significant amount of litigation; therefore, a final decision in all likelihood is years away. Yet with the various interested parties having set forth their positions, and given concerns about climate change that have been front-page news as a result of Hurricane Sandy and the presidential election, it seems timely to examine the regulatory licensing processand the role that state regulators are playing in this process.
Indian Point
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