Holtec Sues NYS Over Banning Radioactive Wastewater Discharges

BUCHANAN, NY — The company in charge of decommissioning the Indian Point nuclear plant in Buchanan has sued New York state over banning the discharge of radioactive waste into the Hudson River.

The legislation, which was passed by both the Senate and the Assembly in June, and signed by Governor Kathy Hochul in August, was designed to prevent Holtec International Inc. from discharging more than 1 million gallons of treated wastewater from the Indian Point site into the Hudson River.

The complaint filed Thursday with the United States District Court in the Southern District of New York said the state’s legislation infringes on the federal government’s exclusive right to regulate the discharge of radioactive materials from nuclear power plants.

Holtec claims the U.S. government and the Nuclear Regulatory Commission have the exclusive authority — under the Atomic Energy Act — to regulate such discharges from nuclear power plants.

Patrick O’Brien, director of governmental affairs and communications for Holtec International, said in a statement that the NRC is the only agency that oversees radiological discharges from nuclear power plants whether online or in the process of being decommissioned.

“The failure of New York State to respect federal law, and follow the facts and science of the issue, left us no other means for remedy,” he said.

“The passage of the bill has already delayed the planned completion of the decommissioning of Indian Point an additional 8 years, which hurts the local community’s desire to see the project completed and the property returned as an asset for economic development in the region,” O’Brien said.

Patch reached out to the New York attorney general’s office for a comment on the lawsuit but did not immediately receive a response.

State Senator Peter Harckham, D-40th Senate District, who sponsored the Senate version of the legislation, stands by the signed law.

“Holtec’s litigation does not change these facts: the New York State Senate unanimously approved legislation to stop the dumping of radioactive wastewater into the Hudson, and the governor signed it into law because most residents want to protect this vital waterway, as well as the economic activity generated by the river,” he said.

Tracy Brown, president of Riverkeeper, said her organization which advocates for clean water believes that federal law allows for states to regulate their own interests, including economic interests.

“The Save the Hudson legislation is not only an appropriate use of state power, it is necessary to protect New York from the economic damages that would come from using the Hudson River as a dumping ground,” she said. “Riverkeeper continues to advocate for storing the radioactive wastewater on site for at least twelve years, which is one half-life of tritium, while reasonable and advantageous disposal methods can be determined.”

In the lawsuit, Holtec said that Indian Point has discharged millions of gallons of treated radioactive wastewater per year into the Hudson River for more than 50 years.

The legislation would force the company to choose an alternative method of disposing of the wastewater, “even if it is less protective of public health and safety.”

Holtec is asking the court to declare the law signed by Hochul to be unconstitutional.