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ENTERGY NUCLEAR v. NYS DEPT

518510.

125 A.D.3d 21 (2014)

999 N.Y.S.2d 207

In the Matter of ENTERGY NUCLEAR OPERATION, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF STATE et al., Respondents.

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

Decided December 11, 2014.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Kathleen M. Sullivan of counsel), Nixon Peabody, LLP, Albany ( Andrew C. Rose of counsel), Marcus V. Brown , Entergy Services, Inc., New Orleans, Louisiana and William B. Glew Jr. , Entergy Services, Inc., White Plains, for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Denise A. Hartman of counsel), for respondents.

LAHTINEN, J.P., McCARTHY, EGAN JR. and DEVINE, JJ., concur.

OPINION OF THE COURT

Petitioners are the owners and operators of nuclear power plants in Westchester County that are known as Indian Point Nuclear Generating Plant Unit No. 2 (hereinafter Indian Point 2) and Indian Point Nuclear Generating Plant Unit No. 3 (hereinafter Indian Point 3).

"The Atomic Energy Act of 1954...

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