Washington D.C. - Today, Reps. Eliot Engel (D-NY) and Nita Lowey (D-NY) sent a letter to the New York Department of Environmental Conservation (DEC) urging them to amend Entergy Corporation’s upcoming permit to require Entergy to install a new technology, called “closed cycle cooling," at the Indian Point nuclear power plant that would greatly reduce the amount of environmental damage being done to the Hudson River. 

According to the DEC, this new technology will allow Indian Point to cool its generators without having to kill billions of fish a year.  Indian Point takes in 2.5 billion gallons a day from the Hudson River and then returns it at an increased temperature.   The DEC does not intend to require the installation of this new technology until the Nuclear Regulatory Commission (NRC) renews Entergy's operating license - which does not expire until 2013 -- despite the Clean Water Act's clear requirement that the “Best Available Technology” be used to minimize adverse environmental impacts.

“The Hudson River is precious to our environment and our economy,” said Rep. Lowey.  “It's time for Entergy to clean up its act by upgrading its equipment to better protect the river.  I urge DEC to amend Indian Point's permit to reflect the true intent of the law - a cleaner, safer environment.”
 
The DEC itself has determined that “closed cycle cooling” is the “best technology available” for minimizing the environmental damage to the Hudson River  -- but the currently-planned new permit does not require Entergy to immediately install “closed cycle cooling” technology at Indian Point.

On Tuesday and Wednesday of this week, a public hearing will be held in White Plains, NY to hear comments from the public on the new permit the DEC will issue to Entergy.

Rep. Engel concluded, “The Hudson River is an integral part of the environment on the East Coast for countless species of animals.  If the technology exists now to prevent Indian Point from destroying the Hudson River, the DEC has the responsibility to make them do it.”

A copy of the letter appears below:

January 26, 2004

Hon. Maria E. Villa,
Administrative Law Judge
NYSDEC Office of Hearings and Mediation Services
625 Broadway, First Floor
Albany, New York 12233-1550

Re:  Indian Point Draft SPDES Permit
 SPDES # NY- 0004472
 DEC Application Number 3-5522-00011/00004

Dear Judge Villa:

  We are writing to comment on the Department of Environmental Conservation's Draft SPDES Permit for the Indian Point Nuclear Power Station in Buchanan, NY.  The draft permit properly identifies closed cycle cooling as the best technology to minimize the huge fish kills the facility causes.  We are pleased that after so many years the Department has recognized the damage the Indian Point plant causes to the River and the plain meaning of the Clean Water Act's requirement for the Best Technology Available to minimize these adverse impacts.   

Unfortunately, as a condition of renewing the permit DEC does not require the owner, Entergy, to build the closed cycle cooling system, as required by law.  This failure substantially removes the effectiveness of the permit and consigns the River to more years of unnecessary damage.

We understand the Department's goal in deferring Entergy's retrofit requirement is to allow time for the federal Nuclear Regulatory Commission (NRC) to rule on Indian Point's license renewal application.  However, we do not think the continued killing of billions of young Hudson River fish (as cited in DEC's draft permit renewal fact sheet for Indian Point) should have to continue just to allow for this license.

The Hudson River is one of the state's most important natural treasures and a rich habitat for many of the East Coast's migratory fish species. The River is a critical recreational and ecological resource for the people of New York.  The Department of Environmental Conservation's continued failure to require the necessary upgrades will lead to more damage, as the DEC's own Final Environmental Impact Statement indicates.  After so many years, you should require the plant to use closed cycle technology for its cooling water.  

We were grateful for Governor Pataki's commitment last July to "break the nexus between power plant generation and massive use of water" and to "retrofit older plants to make sure that everything that can be done to protect the river is done."  We urge you to amend the Indian Point SPDES permit to ensure that the Governor's vision of a more productive Hudson is realized. 

Respectfully,

Congressman Eliot Engel                                                Congresswoman Nita M. Lowey