Vermont nuke plant sues state to prevent operation cease

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H/t Kenny Solomon

Heh. For a change it’s not what ya think. It isn’t the FEDS after this plant, it’s the state of Vermont.

Entergy Corporation (NYSE: ETR) today announced that two of its subsidiaries, Entergy Nuclear Vermont Yankee, LLC (ENVY) and Entergy Nuclear Operations, Inc. (ENOI), have filed a complaint in U.S. District Court for the District of Vermont seeking a judgment to prevent the state of Vermont from forcing the Vermont Yankee nuclear power plant to cease operation on March 21, 2012.

Last month the NRC (Nuclear Regulatory Commission) issued the plant a license to extend operations for another 20 years, one day before the Japan quake devastated the Fukushima nuclear power plant near Sendi, Japan. The suit contends the Feds have jurisdiction over nuclear plants, NOT the states. The NRC used an exhaustive 5 year report and study to justify the re-issuance of the license.

Vermont Yankee spokesman Larry Smith said they were pleased to have the license in hand. But he added, “It’s not a cause right now for any celebration in light of world events.” “I think the NRC has done their job,” Smith added. “This has been a five-year review. There’s been ample opportunity for people to weigh in.”

Entergy is using a SCOTUS precedent under the Supremacy Clause of the U.S Constitution: the U.S. Supreme Court held in 1983 in a case involving Pacific Gas & Electric that a state has no authority over (1) nuclear power plant licensing and operations or (2) the radiological safety of a nuclear power plant. In violation of these legal principles, Vermont has asserted that it can shut down a federally licensed and operating nuclear power plant, and that it can regulate the plant based upon Vermont’s safety concerns.

The plant employs 650 people and provides $100 million in economic benefits to Vermont.

In January of 2010 the plant reported the release of radioactive tritium into ground water and soil however I did some research on this and found some info from the Vermont Department of Health. They have an extensive report of the ground water wells and how much tritium has been found in each.

In the United States the legal limit for tritium in drinking water is 20,000 picocuries per liter. Of the 32 wells tested six were above that limit. Of the 4 that have gone UP, they are still WAY below the limit and seven have gone down.

It sounds as if the plant did the responsible thing by first REPORTING the contamination and then ACTING on it.

By the way, Senator Bernie Sanders (D-VT) isn’t happy the plant got a license renewal. But I’m not at all surprised. That he isn’t happy.

FYI for any of you legal eagles out there, those who wish to read the complaint it can be found here.

Crossposted at Conservative Outlooks

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LadyImpactOhio
Deplorable Reagan Conservative. Pro-life, pro 2A. Waiting for Obama's "legacy" to be undone.

Twitter: @LadyImpactOhio

"We the People tell government what to do. It does not tell us."__Ronald Reagan in his farewell speech.

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Queen Hotchibobo
Editor
April 19, 2011 9:14 am

Vermonters deserve to starve in the cold due to their election of Sanders. I’ll just be glad to see them start paying some of the skyhigh costs the lefties promised us since they think it’s such a great idea.