State Attorney General Andrew Cuomo (D) is challenging the Nuclear Regulatory Committee's (NRC) decision to leave air safety at nuclear power plants to federal agencies.

The state attorney general issued a brief in support of a California lawsuit against the NRC. In the brief, Cuomo challenges an NRC decision limiting plant operators' responsibilities to ground, water and cyber threats.

"It is unconscionable that federal regulators don't require nuclear power plants like Indian Point to defend against airplane attacks by terrorists," said Cuomo.

Cuomo continued to criticize the NRC by accusing the organization of allowing owners to avoid taking responsibility against air attacks. The state attorney general said he will fight to ensure nuclear safety is maintained to residents living near plants.

"My office will not allow the NRC to simply ignore a demonstrated threat to the safety of millions of New Yorkers who live near the Indian Point facility," he said.

The NRC believes federal agencies are best suited to defend the plants by preventing terrorists from boarding planes. In the event of a Sept. 11 style attack on a plant, the NRC contends it would be the military's responsibility to shoot down any rogue planes.