Entergy Corporation, the owner of Vermont’s only nuclear power plant (Vermont Yankee) is suing the state of Vermont over the ability to get relicensed to operate past its current license, which is set to expire in 2012. What makes the case interesting is an agreement made in an MOU between Entergy and Vermont when Entergy purchased the aging nuclear facility from several of the state’s utilities several years ago. The agreement stated in general that Entergy would honor the wishes of the state concerning any relicensing of the facility.
Governor Shumlin was elected last fall with a campaign pledge to shut down Vermont Yankee. Over the winter, the Vermont Senate voted to reject Vermont Yankee’s relicensing. Entergy is crying foul as they feel the decision was based solely on politics and that they didn’t get fair consideration. They expected to put their case for relicensing to the state’s Public Service Board, a quasi-judicial review board that deals with electric utility issues, among other things. Entergy wants their case for relicensing judged on the technical merits, not the political winds prevailing at this time.
Now enter in federal law, which grants sole jurisdiction over the oversight and licensing of nuclear power plants to the Nuclear Regulatory Commission. The NRC has granted a preliminary license renewal for Vermont Yankee.
Whatever is decided in federal district court will likely get appealed by the party that doesn’t prevail. With the stakes so high for Entergy, it is likely that they would take this all the way to the Supreme Court if needed to plead their case. With the Vermont political landscape as it is today, I would expect nothing less from the state if they don’t prevail in the lower courts. Stay tuned. This should get quite interesting.
