Vermont appeals court, to keep its right to shut nuclear power plant

Sat Feb 18, 2012 (Reporting By Jonathan Leff and Eileen O’Grady in Houston, editing by Todd Eastham (Reuters) – Vermont’s Attorney General appealed on Saturday a federal judge’s ruling that had prevented the state from shutting down its only nuclear power plant, escalating a two-year battle over state’s rights and atomic energy.

Last month, U.S. District Court Judge J. Garvan Murtha ruled that federal law preempted a state law that would have shut the Vermont Yankee plant in March, at the end of its original 40-year operating license.

Vermont Governor Peter Shumlin says the state secured the right to decide whether it continues running as a condition of operator Entergy Corp’s purchase of the plant in 2002.

Although Vermont is the only state in the nation with authority over its nuclear facilities, the debate is being closely followed by other states like New York that want more say over whether to continue running older plants.

“We have strong arguments to make on appeal. The district court’s decision improperly limits the State’s legitimate role in deciding whether Vermont Yankee should operate in Vermont beyond March 21, 2012,” Attorney General William H. Sorrell said in a statement on Saturday.

“The court’s undue reliance on the discussions among our citizen legislators, expert witnesses, advocates, and their constituents has the potential to chill legislative debates in the future. Left unchallenged, this decision could make it harder for ordinary Vermonters to clearly state their views in future legislative hearings,” Sorrell said.

The Second Circuit Court of Appeals in New York City will hear the appeal, he said……
In his January 19 decision, Judge Murtha ruled the state laws were preempted by the Federal Atomic Energy Act because the state laws were enacted with radiological safety concerns in mind. The safety of nuclear power is a federal issue, not a state issue.
One state act required legislative approval for continued operation of the plant after March 21, 2012 before the Public Service Board could decide to grant a certificate of public good.

The state gained authority over the plant in 2002, when Entergy bought it from New England utilities and agreed to seek a new certificate of public good if it decided to run the plant beyond March 2012 when its first license expired.

Other states like New York are keen to have that kind of power over the state’s nuclear plants.

New York Governor Andrew Cuomo wants to shut Entergy’s 2,063-MW Indian Point plant in part because it is located within the heavily populated New York metropolitan area just 45 miles north of Manhattan. Entergy hopes to keep running the two reactors for another 20 years after their federal operating licenses expire in 2013 and 2015.http://www.reuters.com/article/2012/02/18/us-utilities-entergy-vermontyankee-idUSTRE81H0N520120218