After weeks of waiting, the 102-page decision on Entergy Louisiana's lawsuit against the state of Vermont has been released. We have breaking coverage of this story, and we'll be following as it develops tomorrow.
From Susan Smallheer in the southern Vermont bureau:
BRATTLEBORO — The Vermont Legislature was motivated by concerns about nuclear safety at the Vermont Yankee nuclear power plant, and overstepped its authority onto federal territory, U.S. District Judge J. Garvan Murtha ruled late Thursday afternoon.
In a long-awaited decision, Murtha sided with Entergy Corp., the owner of Vermont Yankee, which had filed suit against the state of Vermont, claiming the state was usurping authority that belonged solely with the Nuclear Regulatory Commission.
“This court holds there is overwhelming evidence in the legislative record that Act 160 was grounded in radiological safety concerns and the concomitant desire to empower the Legislature to act on those concerns in deciding the question of Vermont Yankee’s continued operation,” Murtha’s 102-page decision stated.
The ruling means that Vermont Yankee will not shut down on March 21 this year, when its original state permit runs out. The Nuclear Regulatory Commission has already granted Entergy a 20-year extension to its original 1972 license.
The ruling also stated Vermont regulators cannot require Entergy to give Vermont utilities favorable, below-market power contracts as a condition of continued operation.
Act 160 was passed by the Legislature in May 2006 and concerned the creation of a high-level radioactive waste facility next to the Vermont Yankee plant in Vernon. It also gave the Vermont Legislature veto power over its continued operation, since legislative approval was necessary before the state Public Service Board could act on any request for a certificate of public good to operate.
Murtha ruled that three Vermont laws were preempted or made moot by federal law and that the Nuclear Regulatory Commission has sole jurisdiction on safety issues.
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