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A nuclear power plant owner has filed a federal lawsuit seeking to throw out the state's refusal to authorize the plant to operate on the Hudson River

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BUCHANAN, New York — A nuclear power plant owner has filed a federal lawsuit seeking to throw out the state's refusal to authorize the plant to operate on the Hudson River.

Entergy Nuclear Operations filed the suit Thursday against Secretary of State Cesar Perales. The Poughkeepsie Journal reports that Perales in November rejected a permit request that would allow the Indian Point plant to use the river. He says the plant, located about 30 miles north of Manhattan in Buchanan, has killed at least a billion fish.

Entergy says only federal regulators can regulate nuclear plants due to safety standards.

Gov. Andrew Cuomo directed state regulators to investigate operations and safety protocols at the plant. That investigation is expected to be finished next month.

The state didn't immediately respond to a request for comment.

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