Entergy is suing the state of Vermont on the grounds that the state can’t “veto” the federal (NRC) re-licensing of Vermont Yankee. It is as if Entergy is saying the NRC’s renewed license of VY is federal legislation (which it is NOT) and the state of Vermont is trying to Interpose or Nullify it.
This is not the case, as can be seen in the US Code title 33 below. Federal licensing of a facility that discharges into navigable water ways requires a certification from THE STATE. This is clear it is not a case about State legislation “vetoing” Federal. Vermont Yankee is breaking both state and federal law.
At the end of NRC’s “Operator License Renewal Process” it states: “The NRC regional office will renew the license if, on the basis of the application and certifications, it determines that the applicant continues to meet the regulatory requirements.”
TITLE 33 > CHAPTER 26 > SUBCHAPTER IV > § 1341
“Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency (NRC & EPA) a certification from the State in which the discharge originates or will originate,…” (link)
Vermont Yankee’s Thermal Water Discharge Permit expired in 2006. This was VY responsibility to provide this Permit to NRC and EPA. It is the NRC and EPA responsibility to ensure Vermont Yankee provides this certification from the State before they issue a license renewal, it is a regulatory requirement under US code.