The plant’s owner told Gothamist this week it still had plans to start dumping batches of more than 1 million gallons of radioactive water beginning in late September or early October.
“The more we learn, the more we know that this is the right move, that we need to come up with better ways to protect our environment,” said state Assemblymember Dana Levenberg, who represents the area surrounding Indian Point and sponsored the bill. “We can't just keep moving forward – status quo the way we have been.”
Holtec told Gothamist that the “Save the Hudson” law would most likely be preempted by federal law and need to be litigated. Nuclear power plants and their activities typically fall under federal authority via the Nuclear Regulatory Commission.
Levenberg is confident that the law won’t be circumvented by federal regulations or the NRC or even litigation by Holtec and other opponents. She said there is court precedent that allows the state to have authority over radiological discharge.” — meaning the state takes on the responsibility for the use of nuclear materials within its borders that would otherwise be overseen by the NRC.
“The state can have a say over radiological discharge if it has a negative impact on the economy,” Levenberg said. “The economic vitality of the Hudson River is threatened by the dumping of the radiological waste into the Hudson.”
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