Judge Rules In Favor Of Vermont Yankee

[Henry]

Judge rules in favor of Vermont Yankee
 
January 19, 2012

A ruling is in on the fate of the Vermont Yankee nuclear power plant in Vernon.
A federal judge has ruled Vermont's only nuclear plant can remain open, over the state's objection. That's a win for New Orleans-based Entergy.

The Nuclear Regulatory Commission gave Vermont Yankee a 20-year license extension. But state law required state lawmakers to support keeping the plant open, as well. And lawmakers want the aging plant closed in March when its 20-year license expires.
But Entergy sued to keep the 40-year-old plant open, saying only the federal government-- not the state-- has the power to shut the plant down.

The case went to trial last fall. Thursday, Judge Garvin Murtha ruled in favor of Entergy, saying the state is pre-empted by federal law from taking any action to close Yankee.

The state is expected to appeal.
 

[rod anode]

and how much is this appeal gonna cost along with the 57 new hires they just voted on they need some moe slaps.....woooh woooh woooh hey moe

[mkr]

Severe waste of our money if they appeal...... Yes I am in favor of Vermont Yankee staying in business, but whether I was or not, VT lost on every account in the 102 page document so I also am smart enough to know when it is going to be a waste of time and money to pursue.

[Chris Santee]

from Governor Peter Shumlin on ruling on the Entergy lawsuit:

"I am very disappointed in today’s ruling from the federal court. Entergy has not been a trustworthy partner with the state of Vermont. Vermont Yankee needed legislative approval 40 years ago. The plant received approval to operate until March, 2012. I continue to believe that it is in Vermont's best interest to retire the plant. I will await the Attorney General’s review of the decision to comment further on whether the state will appeal."

[Chris Santee]

from U.S. Senator Bernie Sanders:

“The court today has made a decision that is, in my view, wrong on the merits and ripe for appeal. I believe the law is very clear, and that states have the right to reject nuclear power for economic and other non-safety reasons.

“It is inconceivable to me that Entergy can force Vermont to allow continued operation of Vermont Yankee, an aging and problem-plagued nuclear plant, when the people of Vermont want to move aggressively to energy efficiency and sustainable energy. 

“Vermont’s laws, which Entergy agreed to abide by when it bought Vermont Yankee, require that Entergy receive a new certificate of public good in order to operate beyond March of 2012. In a very strong 26-4 bipartisan vote, the Vermont Senate voted against allowing Vermont Yankee to receive that certificate. They believed, and I believe, that the continuation of Vermont Yankee in our state is not in the best interest of Vermont.

Allowing Entergy to evade laws they agreed to abide by sets a horrendous precedent which should not be allowed to stand. The state of Vermont and other states must have the right to determine their own energy future.”

[Chris Santee]

Vermont Energy Partnership Comments on Vermont Yankee Court Decision

Montpelier, VT/January 19, 2012 – In conjunction with U.S. District Court Judge J. Garvan Murtha’s decision today on the legal dispute between Entergy Corporation and the Shumlin Administration, Brad Ferland, President of the Vermont Energy Partnership issued the following statement.

“This is an important and well-reasoned decision that merits the attention of all policy makers.  Vermont Yankee is a safe facility which provides important economic and environmental benefits to Vermont.  The judge’s decision is good news for Vermont.

“We hope today’s ruling will be the basis for fresh thinking and reflection on the very positive role the plant can and should play in the state’s future.  We encourage policy makers to pursue this course instead of protracted, expensive, divisive legal battles.”

#   #   #

The Vermont Energy Partnership (www.vtep.org) is a diverse group of more than 90 business, labor, and community leaders committed to finding clean, affordable and reliable electricity solutions.  Its mission is to educate policy makers, the media, businesses, and the general public about why electricity is imperative for prosperity, and about the optimal solutions to preserve and expand our electricity network.  Entergy, owner of Vermont Yankee, is a member of the Vermont Energy Partnership.

[Chris Santee]

and U.S. Congressman Peter Welch:

“This is a major setback for Vermont and for all states with nuclear power plants. It simply defies common sense that a state cannot have a say in its energy future. This issue was settled in Vermont until Entergy reneged on its agreement to give Vermonters a voice in relicensing Vermont Yankee. I intend to work closely with Governor Shumlin and Senators Leahy and Sanders on an appropriate response to Entergy's misguided decision to railroad the relicensing of this plant.”

[Chris Santee]

Franklin County Senator and GOP candidate for Vermont Governor Randy Brock:

http://www.vnews.com/01242012/8309464.htm

[Chris Santee]

State Auditor Tom Salmon:

Public Service Board’s duty is to remain objective regarding Vermont Yankee
By Tom Salmon, CPA, CFE
Vermont State Auditor
January 26, 2012
 
The three members of the Vermont Public Service Board are about to get more free advice than all the Boston Red Sox managers combined. That’s because the best case the opponents of the Vermont Yankee Nuclear Power Plant have to shut the plant down is to convince the PSB that it is no longer worthy of a Certificate of Public Good.

As state auditor, it is my duty to evaluate the performance of state government. I would be remiss if I didn’t point out that state government has wasted a lot of taxpayer money trying to destroy a flawed but valuable asset.             

Vermont’s attempt to close the plant last year was carefully worded to forbid the PSB from considering the plant’s application for a Certificate of Public Good. Why? The PSB’s mission is, in part, “to ensure the provision of high quality public utility services in Vermont at minimum reasonable costs, consistent with the long-term public good of the state.” Then Senator Peter Shumlin and his allies were afraid the Public Service Board would make a decision based on its mission.

Vermont Yankee produces baseload electricity at about 4 cents per kilowatt hour and has offered to renew contracts at about 6 cents. Wind turbines produce it intermittently at closer to 20 cents/kwh as mandated by the Legislature. Despite some serious transgressions over the years by Entergy, the plant’s owner, the PSB could not ignore the cost factor, the near zero greenhouse gas emissions, taxes paid to the state and the impact of more than 1,000 jobs. When the cost of electricity is factored into the current economic climate for other Vermont businesses, it is easy to see why VY’s opponents would be worried. 

Now that Vermont’s defense of that law has been rejected in federal court at great expense to taxpayers, we’re back to square one at the Public Service Board. 

The other portion of the PSB’s mission statement says: “The Board strives to achieve this mission by providing an independent, fair and efficient means of resolving public utility disputes; and by guiding the development of state utility policies and rules for public services to best serve the long-term interest of Vermont and its residents.”

When it comes to independence and fairness, the PSB is under the microscope in a big way. The Green Mountain Care Board was supposed to be independent, too. But, this facade of   independence was torched by Gov. Peter Shumlin when he demanded that members of the GMCB cancel plans to hire some communication help and they actually did.

PSB Chairman Jim Volz and members David Coen and John Burke have the duty to remain objective in the face of shrill, arrogant anti-nuclear zealots who could care less about the practical issues involving energy policy. Just as importantly, there is a great opportunity.

This is the opening for our state’s majority of pragmatic, reasonable Vermonters to insist on a practical, affordable plan for our energy future. Realistic Vermonters understand that the threat of global warming far outweighs any perceived threat to safety from nuclear power.  Vermonters can demand that this source of inexpensive, virtually carbon-free baseload electricity be kept on-line to serve us rather than out-of-state utilities. They can also demand that Entergy clean up its act and run the plant properly or sell it to a firm that can. Governor Shumlin’s plan to power the state with 90 percent renewable electricity by 2050 ignores the mission of “minimum reasonable cost” and the fact that renewables only produce power intermittently. Vermonters who understand this should say so before they are priced out of existence.

Vermont State Auditor Tom Salmon is a Certified Public Accountant and a Certified Fraud Examiner. He lives in St. Johnsbury.