Entergy Corp. sues to keep Vermont Yankee nuclear plant open

AP via MassLive.com ^

[matt04]

MONTPELIER, Vt. (AP) — The owners of Vermont's troubled nuclear plant sued state officials Monday to stop them from closing the plant down next year, setting up a court fight about who has jurisdiction — the state or federal nuclear regulators.

Entergy Corp. has a new federal license in hand for the Vermont Yankee power plant, but state officials are vowing to shut it down next year. The company's federal lawsuit says Vermont's law giving it the power to block relicensing violates the Atomic Energy Act and the commerce clause of the U.S. Constitution.

Vermont contends it has the power to say no to a new operating permit for the 38-year-old plant, which sits on the banks of the Connecticut River in Vernon. Its current permit expires in March 2012. Last year, the state Senate voted 26-4 against allowing continued operation. Gov. Peter Shumlin is a staunch critic and wants it shut down.

The U.S. Nuclear Regulatory Commission granted the plant a new 20-year license last month, saying it could keep operating until 2032.

New Orleans-based Entergy, which has battled with state officials since the discovery of radioactive tritium last year, now says the state doesn't have the authority to prevent continued operation.

The civil suit, filed in U.S. District Court in Burlington by subsidiaries Entergy Nuclear Vermont Yankee and Entergy Nuclear Operations, names Gov. Peter Shumlin, state Attorney General William Sorrell and the members of the state Public Service Board as defendants.

"The question presented by this case is whether the state of Vermont ... may effectively veto the federal government's authorization to operate the Vermont Yankee Station through March 21, 2032," the lawsuit says. "The answer is no."

[matt04]

How many people has the "troubled" plant killed due to radiation? None.

[Cicero]

I usually favor states rights, but as a resident of Vermont I hope the jerks in charge lose their case.

This has been totally stupid. The plant was not maintained as well as it might have been, but mainly because they didn’t know if they would be allowed to stay open. Then the state politicians complain that it isn’t well maintained.

Meanwhile, our utility bills have taken a huge jump this year, because it turns out that their super “efficient” power from methane generated at a waste disposal site was helped along by $10 million in carbon cap money from Massachusetts, which they are no longer getting.

What a scam.

[in the wind]

So you are saying they scrimped on maintaining a nuclear plant because they didn’t know if they’d get re-licensed? As much as I am for business making a profit that right there is BS!

[sefarkas]

For years, the fine citizens of Brattleboro in particular and their cousins throughout the state have benefited from the taxes paid by the VY operators and the cash income from surrounding states who purchased electricity in-part produced by VY. The power grid depends on plants like VY regardless of where state boundaries fall. It would be nearly impossible in 21st Century North America to configure a power grid that would only server one state; not even Texas does such a thing. The regulatory authority over VY is naturally federal. The governments within VY ought not to be able to threaten the livelihoods of people beyond their state boundary by decreasing the reliability of the power grid that the New England economy fundamentally depends upon.

[Cicero]

As far as I know, nothing dangerous. But they hesitated to do major rebuilding for the long run.

[MindBender26]

Ted Kennedy’s car killed more people than Three Mile Island.