Entergy Sues to Keep Vermont Yankee Open | News | Seven Days | Vermont's Independent Voice
Pin It

Entergy Sues to Keep Vermont Yankee Open 

click to enlarge 6a00d83451b91969e201538df3bd8a970b-pi.jpg

Entergy Corp., owners of the Vermont Yankee nuclear power plant, filed a lawsuit against the state of Vermont in U.S. District Court this morning. The Louisiana-based company says the Nuclear Regulatory Commission — not Vermont lawmakers — should decide whether the plant can continue operating beyond 2012.

The NRC has already granted the plant a 20-year license extension, but the Vermont Senate voted last year to deny Entergy permission to keep operating the plant beyond next year.

The lawsuit comes as no surprise. Shay Totten explored the possibility that Entergy would sue in a story in the February 2010 Vermont Yankee issue of Seven Days (Shay is on vacation this week.)

From last year's story:

Rep. Tony Klein (D-East Montpelier) said he has discussed the issue with several attorneys and believes Vermont is on solid legal footing.

Others are not so sure. Vermont Law School Professor Cheryl Hanna says Entergy could have a strong case against the legislature. That’s because Vermont is the only state whose lawmakers have given themselves the authority to weigh in on this debate. Entergy could argue in court that a political body does not have the scientific background or expertise to make such a decision, says Hanna.

Gov. Jim Douglas has been making similar arguments for months: The legislature should let the “experts” decide Yankee’s case.

Entergy’s legal outcome would largely depend on who first presides over the case in Vermont, Hanna added. Judge William Sessions has a strong record in favor of allowing states to carve out regulatory niches, but newly appointed judge Christina Reiss has no such track record. Beyond Vermont, Hanna said, it’s not clear how well Entergy would fare.

Click here to read more of Shay's analysis. File illustration by Tim Newcomb.

Did you appreciate this story?

Show us your ❤️ by becoming a Seven Days Super Reader.

Got something to say? Send a letter to the editor and we'll publish your feedback in print!

Tags: ,

Pin It

More by Cathy Resmer

About The Author

Cathy Resmer

Cathy Resmer

Deputy publisher Cathy Resmer is an organizer of the Vermont Tech Jam, and compiles a weekly tech e-newsletter every Monday. She also oversees HR, helps manage Seven Days' digital staff and oversees its parenting publication, Kids VT. In 2018, she designed and administered a statewide youth civics project, the... more

Comments (28)

Showing 1-10 of 28

Add a comment

Subscribe to this thread:
Showing 1-10 of 28

Add a comment

Seven Days moderates comments in order to ensure a civil environment. Please treat the comments section as you would a town meeting, dinner party or classroom discussion. In other words, keep commenting classy! Read our guidelines...

Note: Comments are limited to 300 words.

Recent Comments

Keep up with us Seven Days a week!

Sign up for our fun and informative

All content © 2018 Da Capo Publishing, Inc. 255 So. Champlain St. Ste. 5, Burlington, VT 05401
Website powered by Foundation