Entergy sues Vermont to keep plant open


by Anne Galloway | April 19, 2011 VT Digger

Louisiana-based Entergy Corp. is suing the state of Vermont in order to continue operating the Vermont Yankee nuclear plant after its state operating license expires in 2012.

Richard Smith, president of Entergy Wholesale Commodities, made the announcement Monday morning, shortly after the corporation filed the lawsuit in U.S. District Court against Vermont…

The lawsuit, filed by Matthew Byrne of Gravel and Shea, a Burlington-based law firm, summed up the nature of the complaint as follows: “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…

Last month Entergy announced that its attempts to sell Vermont Yankee to prospective buyers fell through because of the anti-nuke political environment in the state…“The governor and many in the General Assembly have concluded the plant should be shut down,” Smith said. “This has left us with no other choice but to seek relief in the court system.”

The announcement came just two weeks after Entergy officials told Gov. Peter Shumlin that they planned to continue operating the plant — without permission from the state — after the mandated shutdown date of March 21, 2012…

Entergy purchased Vermont Yankee in 2002. Four years later, Gov. James Douglas and the Vermont Legislature passed Act 160, requiring that Entergy obtain a Certificate of Public Good from the Vermont Public Service Board in order to continue operating the plant beyond its original license expiration on March 21, 2012…

“I should also remind you when Entergy Louisiana bought the plant, it signed a memorandum of understanding that they would comply with all Vermont laws,” Shumlin said. “We fully expect Entergy Louisiana to be held to the same standard as any Vermonter…”

Full article – http://vtdigger.org/2011/04/19/story-video-entergy-sues-vermont-to-keep-plant-open/

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