TARRYTOWN – A State Supreme Court ruling has dismissed Entergy’s petition to overturn a decision by the State Department of Environmental Conservation that said that Indian Point’s cooling water intake system causes adverse environmental impacts on Hudson River fish.

The Riverkeeper environmental organization, which opposed the nuclear power plant, Friday claimed victory for the court ruling.

In October 2008, Entergy filed a lawsuit challenging DEC’s determination. Riverkeeper filed a motion to have Entergy’s suit dismissed on the grounds that the claims are premature.

Entergy spokesman Jerry Nappi Friday said the court ruling was a technicality, since it said the objection was premature.

Riverkeeper said the DEC will now move to require closed-cycle cooling, which would reduce water usage and fish kills by 95 percent or more.

Nappi said Indian Point has spent over $100 million on systems that protect aquatic life in the Hudson River.

“The Hudson River fish populations have never been higher for almost all species, the river is at its cleanest point in a generation and that has all been happening while Indian Point has been in operation,” he said.

New York AREA – the New York Affordable Reliable Electricity Alliance, took Riverkeeper to task.  “While being obsessed about trying to close Indian Point, it fails to offer any constructive solutions about meeting New York’s energy challenges,” said Paul Steidler, communications director for the pro-Indian Point group. “Indian Point should obtain license renewal and continue to operate because it is good for New York’s economy and environment.”