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ENTERGY INC. v. DEPT OF STATE

1535-13

42 Misc.3d 896 (2013)

976 N.Y.S.2d 650

2013 NY Slip Op 23425

ENTERGY NUCLEAR OPERATIONS, INC., et al., Petitioners/ Plaintiffs, v. NEW YORK STATE DEPARTMENT OF STATE et al., Respondents/Defendants.

Supreme Court, Albany County.

Decided December 13, 2013.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Albany ( Andrew C. Rose of counsel), and McDermott Will & Emery LLP, Washington, D.C. ( Bobby R. Burchfield , Matthew M. Leland and Thomas J. Tynan of counsel), for petitioners/plaintiffs.

Eric T. Schneiderman , Attorney General, Albany ( Lisa M. Burianek of counsel), for respondents/defendants.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

Petitioners Entergy Nuclear Indian Point 2 LLC and Entergy Nuclear Indian Point 3 LLC (hereinafter Entergy or petitioners) are the entities that own nuclear power generating units known as Indian Point Generating Units 2 and 3 (IP2 and IP3). On or about November 5, 2012, petitioners filed an application with the respondent New York State Department of State (hereinafter DOS) for a declaratory ruling that IP2 and...

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