New York Court of Appeals February 14, 1978 (Consolidated Edison Co. v. Hoffman)

OPINION OF THE COURT

Cooke, J.

Consolidated Edison Company of New York, Inc., operates a nuclear generating plant, known as Indian Point Unit No. 2, in the Village of Buchanan, in Westchester County. The facility’s cooling system, up to now, has been a "once-through” system by which water is taken from the Hudson River to cool

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the condensers and then returned to the river.