Statement By Attorney General Eliot Spitzer Regarding The Idled Indian Point 2 Nuclear Power Plant

The Nuclear Regulatory Commission issued a letter yesterday clearly stating that Consolidated Edison Co. neglected to find and fix the flaws that produced the February 15 accident at Indian Point 2.

In light of this NRC finding, it is now time for Con Edison to stop charging its customers for the utility's mismanagement of the plant. Con Edison is passing on to customers the added costs of the power resulting from the shut down of the plant. This must stop.

I urge Con Edison to immediately refund to its ratepayers the millions of dollars the utility has already collected for replacement power because of the February accident. There is no excuse for charging customers the cost of the accident when Con Edison is earning unprecedented profits and its customers are paying the highest electric rates in the continental United States.

On Monday, my office will resume negotiations with Con Edison, the Public Service Commission and other parties. I have directed my staff to pursue the issue of refunds as forcefully as possible in these talks. If Con Edison is unwilling to return the money voluntarily, my office will pursue other means to obtain recovery of these and all other inappropriate costs.

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