Events / Resources

Matter of Entergy Nuclear Operations, Inc. v New York State Dept. of State

“The issue presented is whether Entergy’s pending application to renew its federal [*2]operating licenses for the Indian Point nuclear reactors on the Hudson River in Westchester County, for an additional 20 years, is subject to review by the New York State Department of State for consistency with the policies of New York’s Coastal Management Program (CMP). The Department of State, interpreting the CMP, which it authored, concluded that the renewal application did not fit within the CMP’s grandfather exemptions and that Entergy’s application is therefore subject to review. An agency’s interpretation of its own plan or regulation “is deferentially reviewed by the courts to determine whether there is a rational basis for the decision and, if so, [the agency’s] conclusion must be upheld” (Matter of Terrace Court, LLC v NYS DHCR, 18 NY3d 446, 454 [2012]). We conclude that the Department of State’s determination is rational, and accordingly, the Appellate Division order holding that Indian Point is exempt from review should be reversed.”

To read the complete court ruling on the New York State Law Reporting Bureau website, click the link below:

http://www.nycourts.gov/reporter/3dseries/2016/2016_07821.htm

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