The last Indian Point permit expired in October, 1992. Issued in 1987, that permit allowed Indian Point to take over two billion gallons of cooling water per day directly from the Hudson River, pass it through the plant to absorb excess heat, and discharge it into the river at temperatures up to 19 degrees hotter than ambient water temperature. No aquatic life survives under these conditions.

The combined effects of heat and shear resulted in nearly 100% mortality among the billions of larval and planktonic fish that pass through the screens of the power plant each year. The mortality includes more than 13,000.000 American Shad a commercially important "series of concern" and 158,000,000 Striped Bass, potentially worth tens of millions in economic activity.

Closed-cycle cooling would eliminate up to 95% of that mortality, in direct proportion to the amount of water taken from the river.

Clearwater's Executive Director Andy Mele said, "This can only be viewed as a victory - a big one - but there are troubling elements that we will have to look at more closely."

"The draft permit stipulates that BTA need only be built if the plant gets its operating license extension from the Nuclear Regulatory Agency. That could leave this river vulnerable to these population-scale impacts for another decade or more," continued Mele. "And, if Entergy's extension is denied, they can run the plant into the ground, kill every fish in the river and walk away without spending a dime on cooling. Obviously, we need to know the agency's intention."

The current operating licenses at Indian Point expire in 2013 (Unit 2) and 2015 (Unit 3). Entergy Nuclear Northeast has until 2008 to notify the NRC of its intentions.

"Because 59 nuclear generating stations in the nation use outdated once-through cooling, this draft permit will send shock waves through the industry," said Mele, "and we can expect a vigorous and very expensive challenge to the permit from Entergy. They will throw the best scientists money can buy at us, and we'll be forced to build a defense on small donations from citizens."

DEC provided no further details on the specific types of closed-cycle cooling technology in its press release.

"The costs Entergy will have to absorb could run more than $100 million," said Mele. "But they're in the business and they had to expect this could happen. They were just trying to extend the free ride as long as possible. They have more sophisticated cooling systems at many of their other facilities."

The public has 90 days to comment on the permits.

Written responses should be sent to: Betty Ann Hughes, NYS Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Fourth Floor, Albany, NY 12233-1750.

DEC public hearings will be held at 2 and 7 p.m. January 28 and 29 at the Esplanade Hotel, 95 S. Broadway, White Plains. An issues conference will be held in the hotel at 10 a.m. from March 3 to 5, 2004.