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Vt. judge denies bid to keep nuke plant open
AP via SFGate ^ | 7/18/11 | DAVE GRAM, Associated Press

Posted on 07/18/2011 6:06:42 PM PDT by SmithL

A federal judge said Monday he would not order that Vermont's only nuclear plant be allowed to remain open while a lawsuit to determine its long-term future plays out.

The state is moving to close the Vermont Yankee plant, with both the governor and the state Senate on record as wanting it to close when its initial 40-year license expires next March.

The plant's owner, New Orleans-based Entergy Corp., got a 20-year license extension for Vermont Yankee from the federal Nuclear Regulatory Commission and filed a lawsuit arguing that the federal action pre-empts the state's effort to close the plant.

Last month, Entergy went to court asking for a preliminary order allowing it to stay open while the underlying lawsuit works its way through the courts — possibly all the way to the U.S. Supreme Court. In Monday's order, Judge J. Garvan Murtha said there was no need for such an order because the main trial in the case is scheduled for mid-September, only eight weeks away.

(Excerpt) Read more at sfgate.com ...


TOPICS: Business/Economy; Government; US: Vermont
KEYWORDS: activistjudge; nonukes; nuclearpower
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1 posted on 07/18/2011 6:06:46 PM PDT by SmithL
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Murtha, John Garvan
Born 1941 in Hartford, CT

Federal Judicial Service:
Judge, U. S. District Court, District of Vermont
Nominated by William J. Clinton on April 4, 1995, to a seat vacated by Franklin S. Billings, Jr.; Confirmed by the Senate on May 25, 1995, and received commission on May 26, 1995. Served as chief judge, 1995-2002. Assumed senior status on June 30, 2009.

Education:
Yale University, B.A., 1963
University of Connecticut School of Law, LL.B., 1968
Georgetown University Law Center, LL.M., 1970

Professional Career:
E. Barrett Prettyman fellow, Georgetown University Law Center, 1968-1970
Deputy state's attorney, Windham County, Vermont, 1970-1973
Private practice, Brattleboro, Vermont, 1973-1995

2 posted on 07/18/2011 6:07:10 PM PDT by SmithL
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To: SmithL

Red Diaper Doper Babies appointed by Clinton who legislate from the bench.

Isn’t Liberalism fun?


3 posted on 07/18/2011 6:13:07 PM PDT by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: SmithL

Let it go to trial, with the only stipulation that no electricity may be used in the courthouse during the trial.


4 posted on 07/18/2011 6:19:50 PM PDT by blackdog (The mystery of government is not how Washington works but how to make it stop)
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To: SmithL

The lights will soon go out in NY.


5 posted on 07/18/2011 6:24:43 PM PDT by Brilliant
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To: SmithL

a 40 yr old plant needs to be shut down and replaced, but the replace part is problematic


6 posted on 07/18/2011 6:28:52 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: SmithL
Sanders argued it's a matter of state's rights. "If Vermont chooses an energy future that does not include a 40-year-old, problem-ridden nuclear power plant and that emphasizes energy efficiency and sustainable energy, that is certainly our right."

Amazing - the socialist Sanders arguing for states rights!

7 posted on 07/18/2011 7:04:37 PM PDT by FatherofFive (Islam is evil and must be eradicated)
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To: driftdiver

That would mean we shut down a large number of the coal fired power plants in this country. Is that ok with you?


8 posted on 07/18/2011 7:16:13 PM PDT by meatloaf
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To: FatherofFive

The only problem of course is that the energy produced or in this case not produced doesn’t stop at the state line.


9 posted on 07/18/2011 7:19:10 PM PDT by redangus
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To: meatloaf

Just out of curiosity. When you shut down the nuke plants, and you shut down the coal plants, what do you use for electricity? Just asking.


10 posted on 07/18/2011 7:19:10 PM PDT by Former Proud Canadian (We .. have a purpose .. no longer to please every dictator with a vote at the UN. PM Harper)
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To: Former Proud Canadian

Just out of curiosity. When you shut down the nuke plants, and you shut down the coal plants, what do you use for electricity? Just asking.

Energy becomes scarce and the costs go up. People become poorer and that Marxist in the White House will have another win.

The fact that there are no protests from average everyday people is shocking

The fact that there is no blood on the streets fighting this railroading is shocking

But then again, this is the country that has permitted cameras at every intersection, TSA agents in travelers crotches and cell phones and cars that track everywhere.

We no longer can defend ourselves.


11 posted on 07/18/2011 7:24:15 PM PDT by Chickensoup (The right to bear arms is proved to prevent totalitarian genocide.)
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To: SmithL
Nineteen friggin' paragraphs...and not one word about WHY the state was so anxious to close the place!

Shouldn't that be central to the story?

Instead, we seem to be treated to the shallow assumption that nuclear plants should be closed "just because". Is that why the governor and legislature acted as they did?

Nor is there any information regarding the competing arguments and why the judge decided as he did. Was his decision based on "just because"?

Talk about vacuous reporting...

12 posted on 07/18/2011 7:33:19 PM PDT by okie01 (THE MAINSTREAM MEDIA: Ignorance On Parade)
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To: meatloaf

“That would mean we shut down a large number of the coal fired power plants in this country. Is that ok with you?”

way to take it out of context. 40 year old coal plants can be upgraded.

40 yr old nuke plants need to be rebuilt

40 yr old nuke technology isn’t as safe as current nuke technology


13 posted on 07/18/2011 7:35:55 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Lets get that cheap crap shut down and get the price of natural gas back up so my bonus will be bigger, thank goodness for ignorant liberals, they continue to help my industry out...lol


14 posted on 07/18/2011 7:40:25 PM PDT by wild74
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To: okie01

Well, if one were to look elsewhere

In March, the U.S. Nuclear Regulatory Commission granted Entergy a new license to operate the plant for another 20 years, past March 2012, when the current license expires. But Vermont legislators have blocked the company from receiving a state certificate, which is needed to extend the reactor’s life.

When Entergy bought the Vermont facility in 2002, it agreed to give state regulators say over the license extension.

The state passed a law in 2006 requiring Vermont legislators to approve the extension.

Read more: http://www.foxbusiness.com/industries/2011/07/18/court-denies-entergy-injunction-request-in-vermont-yankee-dispute/#ixzz1SVwpnJzI

and

Wiki oddly has an answer as well

In February 2010, the Vermont Senate voted 26 to 4 against re-licensing of the Vermont Yankee Nuclear Plant after 2012, citing radioactive tritium leaks, misstatements in testimony by plant officials, a cooling tower collapse in 2007, and other problems. There is an absence of a clear plan to replace the electricity generated by the plant, which has caused concern among some businesses in Vermont. Executives of Vermont’s electric utilities have expressed confidence that they will be able to replace the electricity they now get from the plant.

THe ongoing pack of lies out of the disaster in Japan hasn’t helped the least bit.

FR is kinda like the hunting dog that points, you get to use the inital post as a lead and actually search for more information as you wish to know more.

Cool - huh?


15 posted on 07/18/2011 7:47:01 PM PDT by ASOC (What are you doing now that Mexico has become OUR Chechnya?)
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To: Former Proud Canadian

There you go being logical. Do me a favor and get a job with the EPA. You might be a bit frustrated but anything that gives them a kick in the ass is good.


16 posted on 07/18/2011 7:57:33 PM PDT by meatloaf
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To: driftdiver
Why?

Do you just have a feeling or something or is that based on some knowledge?

17 posted on 07/18/2011 7:58:42 PM PDT by WHBates
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To: FatherofFive

“Amazing - the socialist Sanders arguing for states rights!”

So I guess that he would have no problem with certain states re-asserting their RIGHT to allow ownership of slaves?


18 posted on 07/18/2011 8:02:09 PM PDT by BobL (PLEASE READ: http://www.freerepublic.com/focus/f-news/2657811/posts)
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To: WHBates

well golly gee wilerkers, i just have a FEELUN they’ve improved designs and materials in the last 4 freakin decades

shut up and go home


19 posted on 07/18/2011 8:06:52 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
way to take it out of context. 40 year old coal plants can be upgraded. 40 yr old nuke plants need to be rebuilt 40 yr old nuke technology isn’t as safe as current nuke technology

You do understand that what you said is just silly don't you? Even die hard Luddites try to make a little more sense. Exactly what do you base that statement on?

20 posted on 07/18/2011 8:08:23 PM PDT by WHBates
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