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IN THE MATTER OF ENTERGY NUCLEAR INDIAN POINT 2 v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

23 A.D.3d 811 (2005)

805 N.Y.S.2d 429

In the Matter of ENTERGY NUCLEAR INDIAN POINT 2, LLC, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 2005.

Mugglin, J.

Petitioners are the current owners and operators of nuclear power plants located on the Hudson River, one of which was acquired in 2000 from the New York Power Authority (hereinafter NYPA) and the other in 2001 from the Consolidated Edison Corporation of New York, Inc. (hereinafter Con Ed). These acquisitions included all of the requisite permits, licenses and approvals necessary to operate the plants, including the required State Pollutant Discharge Elimination...

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