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Not a good look for the USA – Nuclear Regulatory Commission can override State’s wishes

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Not a good look for the USA.

It seems now that the Nuclear Regulatory Commission, and its friends, the nuclear industry, can now override any State in America that wants to get rid of dirty, dangerous nuclear energy – Christina Macpherson

“The New England Coalition, and all Vermonters, have now been deprived of the right that was guaranteed to them by Congress, to have a say in how this plant affects clean water,”

State Loses Another Legal Round In Vt. Yankee Relicensing, Vermont Public Radio, 06/26/12, John Dillon A federal court has handed the state of Vermont another loss in its ongoing challenge to Vermont Yankee’s operating license.
The Circuit Court of Appeals in Washington rejected the state’s arguments that the new 20-year license was invalid because Entergy Vermont Yankee failed to get a new water quality permit.
The court found Vermont missed its chance to raise the issue before the Nuclear Regulator Commission. Neil Sheehan is spokesman for the
NRC.
“What the D.C. Circuit Court of Appeals found was there were multiple
windows when the state could have brought this up as an issue, but it
did not do so,” he said. “And by not doing so it’s forfeited its right
to judicial review.”
The Court of Appeals ruling comes after the state lost a separate
Yankee case last year in federal court. And the state had high hopes
for this case. Public Service Commissioner Elizabeth Miller – an
experienced litigator – argued the case personally before the D.C.
Circuit Court of Appeals.
The state’s argument boiled down to this: Entergy Vermont Yankee
didn’t get a new water quality certificate before the NRC granted a
new 20 year license. Therefore, the new NRC license is invalid……
Yankee uses the Connecticut River for cooling water. And the court’s ruling did not get to the underlying water quality issues raised by the nuclear plant’s operation. That was frustrating for the Shumlin administration. John Beling is public advocate at the Department of Public Service.
“We’re disappointed that the court declined to address our substantive water quality argument and instead ruled, based upon kind of a technical issue, a procedural issue,” Beling said. “We felt they should accept our petition and that the water quality certification from 1970 is not adequate to cover another 20-year federal license.”

The New England Coalition, an anti-nuclear group, joined the state in
its appeal. Chris Kilian, Vermont director of the Conservation Law
Foundation, represented the coalition in the case.
“The New England Coalition, and all Vermonters, have now been deprived of the right that was guaranteed to them by Congress, to have a say in how this plant affects clean water,” he said..
Parenteau, at Vermont Law School, said the pressure is now on Vermont
to issue a strong state water permit for Yankee that limits hot water
flowing into the river.
http://www.vpr.net/news_detail/94971/state-loses-another-legal-round-in-vt-yankee-relic/

June 27, 2012 - Posted by Christina Macpherson | Legal, USA