Indian Point Unit 2 and Unit 3 Will Continue Operating Under Their Existing NRC Licenses, Providing Essential, Clean and Price-Stable Power with Continuing NRC Oversight until the License Renewal Process is Complete, as Provided by Well-Established Federal Law
Indian Point safely and reliably provides approximately about 25 percent of New York City’s and Westchester County’s electricity annually, with virtually no carbon emissions and at a stable cost. Its continued operation is a vital component of the region's economic and environmental future.
NRC Staff has recommended that the licenses for the two operating units at Indian Point be renewed for an additional 20 years of operation, saying the plants can be operated safely and that there are no environmental impacts that would preclude license renewal.
Entergy Will Continue Safely Operating and NRC will Continue Oversight
- Entergy has taken steps to ensure that Indian Point, which remains subject to all NRC safety requirements, continues operating safely while the license renewal process continues.
- The NRC will continue its extensive reactor oversight and inspection programs.
- Additionally, NRC Staff has completed inspections of the plant’s license renewal commitments.
Regulatory Basis for Continued Operation of Indian Point Unit 2
- Federal law and NRC regulations permit continued operation of IP2 and IP3 beyond their original licensing period. The current operating license remains in full force and effect. IP2’s original license would have expired on Sept. 28, 2013 and IP3’s original license would have expired Dec. 12, 2015.
- Entergy filed an application for license renewal of both Indian Point Units 2 and 3 in April 2007, more than five years ahead of IP2’s original expiration date of Sept. 28, 2013, satisfying the requirements of the Timely Renewal Doctrine.
- By law, the current operating license is extended until the license renewal process is complete.
- The Timely Renewal Doctrine was established by the federal Administrative Procedures Act. It is incorporated into NRC regulations and has been applied by the NRC in other licensing matters.
The Indian Point License Renewal Process is Continuing
- NRC personnel have performed more than 37,000 work-hours of inspections and reviews.
- The license renewal application continues under review by the NRC and is the subject of an ongoing adjudicatory proceeding before the independent Atomic Safety and Licensing Board.
- NRC Staff issued an Environmental Impact Statement in 2010 and a Safety Evaluation Report in 2009, along with supplements to each.
- A final NRC determination on license renewal for Indian Point is not expected for several years.
Timely Renewal is Well-Established Federal Law with a Long History
The timely renewal doctrine is a well-established rule of law generally applicable to administrative agencies. Two examples of operation under timely renewal include: A federal district court held that an EPA discharge permit for a paper company remained effective for almost 20 years due to hearing delays and bureaucratic inefficiencies. And FERC held that an existing hydroelectric license held by a utility remained in effect despite a state board’s denial of a Section 401 water quality certification and pending appeal.