Entergy Nuclear Operations, Inc. v. New York State Department of State

Case Updates

The New York Court of Appeals held that New York has authority, under its Coastal Management Program, to consider whether to reject Entergy’s application to renew its operating permit for the Indian Point nuclear power plant. Subsequently, Entergy and the state of New York reached a settlement regarding the future operations of the plant.

The U.S. Chamber and Business Council of New York State, Inc. filed an amicus brief before the New York Court of Appeals in a case involving a state agency’s denial of a nuclear power plant’s exemption from heightened regulatory scrutiny when it sought to renew its operating license. The intermediate appellate court reversed the agency’s denial of the exemption, holding that the agency’s decision contravened the plain language of an explicit provision exempting certain pre-existing facilities from heightened review.

The brief urged that the judgment of the Appellate Division should be affirmed, because the New York Department of State is barred from unilaterally blocking the continued operation of the power plant. Furthermore, premature closing of the plant would impair the regional and national economy, deter future investment, and threaten electric grid reliability, the brief explains.

Shawn Patrick Regan and F. William Brownell of Hunton & Williams LLP served as co-counsel for the amici in this case.