The governor declined to comment on the merits of the plan, but said he could not certify it because the four counties surrounding the giant nuclear facility have opposed the plan, calling it inadequate to protect their residents.Indian Point's two reactors, in the suburbs of New York City some 35 miles north of Manhattan, provide about a fifth of the city's electricity.
Local governments, citing heightened fears of an attack on the plant following the Sept. 11 attacks on the World Trade Center, have since been lobbying hard to shut Indian Point.
Gov. Pataki, in a statement issued late Thursday, said he "strongly urged FEMA (Federal Emergency Management Agency) and the NRC (Nuclear Regulatory Commission) to consider the concerns raised by the counties and continue working with the state to ensure that these plans will protect our residents in the event of a nuclear emergency."
FEMA is in charge of overseeing state and local emergency planning outside the nuclear plant's gates and reports to the NRC on whether evacuation plans are adequate.
The NRC oversees all the activities within the plant's gates and licensing of the country's power reactors.
CALLS TO CLOSE PLANT
Opponents of Indian Point see the governor's refusal to certify the evacuation plan as a first step toward shutting the plant down.
But officials at Indian Point, owned by New Orleans-based energy giant Entergy Corp. (ETR.N), said they believe this is a positive step by the governor that will force federal agencies to improve the safety and security of all of the nation's nuclear reactors.
Only the NRC can shut a plant and only after giving the plant owner a chance to fix whatever problems may exist. Before Indian Point could be shut, the NRC would have to determine that the evacuation plan could not be fixed.
Entergy has said it would fight to keep Indian Point running.
Finding a replacement for the 2,000 megawatts produced at Indian Point would be difficult since New York already suffers from some of the tightest power supplies in the U.S.
Moreover, closing the plant would likely send power prices higher statewide, while increasing the risk of blackouts during the summer when electricity demand peaks.
FEMA officials confirmed Friday they had received Pataki's letter declining to certify the current Indian Point public evacuation plan.
The agency, which expects to complete its evaluation of the drill within a month, said it is in the process of weaving several recommendations to improve the evacuation plan into the agency's report based on the findings of a special report - commissioned by Pataki - from former FEMA head James Lee Witt.
Ultimately, officials say, FEMA and the NRC will have to work with Entergy and state and local officials to improve the disaster plans at Indian Point, a process that could take many months.
If they fail, Indian Point could be the first of many reactors in the U.S. to be shut.