photo credit: riekhavoc, flickr

Another false claim by Entergy – the owner of the Vermont Yankee nuclear facility in Vermont – is laid to rest. On Monday, the ISO-New England came out with an important determination that Vermont Yankee is not needed for reliability of the electrical grid.

This has been brewing for awhile and is quite significant since Entergy keeps claiming its tired old and polluting plant on the banks of the Connecticut River is needed for reliability. That claim is simply false.

In a filing made with the Federal Energy Regulatory Commission, the ISO New England stated:

“[T]he ISO determined that Vermont Yankee is not needed for reliability for the 2015-2016 Capacity Commitment Period. This determination is based on the expectation that certain transmission upgrades will be in place prior to the 2015-2016 Capacity Commitment Period as well as new resources which have been procured through the Forward Capacity Market.”  [see page 8-9 of this filing]

This is a very important determination and is good news for New England’s clean energy future. It shows the transformation of our power grid to cleaner sources and away from older and polluting coal and nuclear plants.

By way of explanation, the ISO New England operates the region’s electricity grid to ensure the lights stay on. It holds auctions to determine which resources will supply capacity to meet power needs in future years. This is the forward capacity auction referred to above.

What this means is that Entergy will not collect capacity payments for Vermont Yankee during 2015 to 2016.  That means that ratepayers will not be forced to prop up this tired, old, expensive and polluting nuclear plant, or its untrustworthy owners. Ratepayers will not be paying for Vermont Yankee to be available to operate.

This determination recognizes that grid improvements and new resources will keep the lights on without Vermont Yankee. Another false claim by Entergy is laid to rest. Our region moves one step closer to a cleaner energy future.

Does this look like fun? Vermonters are spending more time driving than ever before. We need clean, efficient alternatives. Credit: Little Miss Sunshine.

Are you tired of traffic, taxes and time pollution? I don’t know about you, but spending quality time with my family is not spending it either driving kids around from place to place or being stuck somewhere in a traffic jam.  And it is no surprise to me that others have found that long commutes are harmful to your health and happiness.

With $4 per gallon gasoline and transportation being the biggest source of global warming pollution in Vermont, we need better solutions, solutions that save our environment, our health and our pocketbooks.

With the cancellation of the Circ Highway – an expensive, ill-conceived, outdated and polluting new roadway around Burlington, Vermont – there are good opportunities to invest in better ways to get around:  ways that won’t cause more Moms and Dads to spend more useless hours in a car driving kids from place to place. Progress so far looks promising.

Cancelling the Circ has freed up funds for other, more worthy projects.  In place of the Circ, communities and transportation officials are now moving forward projects like the Crescent Connector in Essex Junction.  This $3,000,000 project near Five Corners will provide the same amount of traffic relief to this area as the Circ at a fraction (one-twentieth) of the cost.

• Nearer to Burlington, a transit hub is being considered that will allow motorists to park nearer the city and the switch to bikes or busses to get into and around the city.
• The Circ Alternative Task Force is considering longer term solutions as well that will likely include improving existing roadways, building new bikeways and transit centers and keeping our transportation dollars closer to our daily activities.

This is all good news for our sanity and for bolstering economic development. Real estate values increase in areas where daily activities are within walking distance.

In place of traffic jams, people have more opportunities to get around and get what they need without using their cars. Waiting for someone or something can include a visit to a restaurant or gym or picking up the groceries or dry cleaning. It’s no longer Mom or Dad sitting solo in the car waiting for the dance lesson to end. It’s reducing air pollution, time pollution, while saving money, our health and our sanity.

Courtesy of garcycles8@flickr

Entergy owns a tired old nuclear plant on the banks of the Connecticut River in Vermont – a plant it wants to keep running despite escalating costs, threats to the environment and public health, and a history of false promises. 

With old approvals in hand, Entergy continues to operate Vermont Yankee past its scheduled retirement date of March 21, 2012. Entergy’s view of Vermont’s authority seems to be Vermont only has authority to give it a green light.  By Entergy’s warped playbook, any condition of operation or approval would be off limits.

Entergy went to Court last year to challenge Vermont’s authority to regulate that plant. The Court partly agreed with Entergy, but clearly recognized and reaffirmed that Entergy still needs approval from the Vermont Public Service Board to continue to operate Vermont Yankee for another 20 years.  The only limitation is that Vermont cannot regulate radiological health and safety.

In early April the latest claims came about from a response from Entergy and a reply from the State of Vermont.  The State claims that Entergy’s old approvals also require payment by Entergy into Vermont’s renewable development fund and reporting requirements.  These are conditions that are part of Entergy’s old permits.  Though less than clear, Entergy’s position seems to be that only some of those conditions continue to apply.  A later reply on April 9, seems to try and blackmail the state.  Entergy will make these payments but only if Vermont does what Entergy wants – either grant approval or not raise its taxes.  That’s an odd way to do business.

Once again, Entergy is proving to be a lousy partner for Vermont.  Entergy needs to comply or shut down.  If Entergy stays open based on its old approvals, it must meet its obligations to make the payments required by those old approvals.  Continuing its lousy track record of broken promises and thumbing its nose at Vermont is getting as old and tired as the plant itself.

In a sharply worded decision, the Vermont Public Service Board made clear yesterday that it intends to holds Entergy to its commitments.

The Board stated that the provision of Vermont law that allows licenses to continue while a new proceeding is underway “does not provide authority for Vermont Yankee to continue operating, and storing spent nuclear fuel derived from such operation, while Entergy VY’s petition for a new or amended CPG remains pending.” (p.25).

The decision makes it clear that Entergy’s current license includes obligations that preclude storing fuel generated after March 21, 2012. (p.19) It also recognized that the Board order approving the sale to Entergy back in 2002 relied on Entergy’s promise not to operate after 2012 unless it had approval from the Board. (p.18)

The Board further chastised Entergy and its multi-million dollar legal team noting it expected them “to provide better organized and more cogent briefing.” (p.9 fn. 19).

The Board’s decision was made “in full recognition of the federal District Court’s decision” and does not cross purposes with it. It clarifies Entergy’s commitments and obligations. Entergy should be held to their promises. Entergy cannot simply pick and choose which obligations it will follow.

It is not clear what’s next. The ball is in Entergy’s court. It can and should comply with its obligations and keep its promises.

As the scheduled retirement date for Vermont Yankee approaches, it becomes clearer than ever that this costly, tired, leaky and polluting plant’s days are numbered.

The disappointing Federal Court decision that limited action by the Vermont Legislature to close Vermont Yankee kept intact review by Vermont utility regulators.

That review began and Entergy is being pressed hard to justify its continued bullying and defiance. 

Conservation Law Foundation’s recent recommendations note:

• The Vermont law that was not struck down by the federal court precludes storing waste generated after March 21, 2012.
• Entergy’s current authorization precludes operation after March 21, 2012 except for decommissioning.
• The sale of Vermont Yankee to Entergy in 2002 was approved based on a promise not to operate past March 21, 2012.

The broken promises from Entergy continue.  A new book, aptly titled “Public Meltdown” that highlights some of CLF’s work, provides great insight into how the public lost trust in Entergy and Vermont Yankee over the past few years.  Entergy’s recent actions continue this sad trend.

*UPDATE* 3/20/12  – Late Monday the federal district court issued a disappointing new order that precludes the State from taking some actions, while an appeal is pending, regarding storage of spent fuel.  This is a step backwards for clean energy.  Vermont may be forced to store additional nuclear waste for years while this appeal winds its way through the courts.  Five minutes later, Vermont regulators issued a stunning rebuke to Entergy that makes it clear they intend to hold Entergy to its promises and commitments.  Stay tuned.

Entergy asked the Public Service Board today to just give it a new certificate of public good claiming no further review is needed. (Read the motion here.)

Judge Murtha’s decision was clear. The Vermont Public Service Board continues to have authority to review Entergy’s actions and determine if continued operation is beneficial to Vermont.

CLF opposed Entergy’s past efforts. This new request is premature. It is contrary to the Court’s order and ignores facts that are important for the Board to hear. Most notable is the fact that Entergy provided false information to the Board about buried pipes.

Entergy’s lack of trustworthiness cannot be ignored. It is an important matter that has bearing on whether Entergy should be allowed to continue to operate Vermont Yankee.

While Entergy might like to ignore these facts, Vermont won’t.

Yesterday, the U.S. District Court issued a decision on Vermont Yankee. We at CLF have been involved in and commenting on the trial and on related issues as they arise. Knowing it can sometimes be hard to track down these various resources, I wanted to take a moment to share a selection of them with you.

• CLF’s Statement in Response to the U.S. District Court’s Decision.
• A copy of the decision itself.
• Timeline of CLF Advocacy on Vermont Yankee

Trial commentary:

• Post-trial commentary, by Sandy Levine
• Post-trial commentary, by Anastasia Douglas
• Pre-trial, by Sandy Levine

Blog posts:

• Untrustworthy Again – Entergy Orders New Fuel for VT Yankee
• CLF, VPIRG support Vermont, oppose Entergy request to keep Vermont Yankee going
• Court blocks Vermont Yankee bid to stay open
• Cleanup Needed NOW at Vermont Yankee
• Conservation Matters cover story: “Vermont Yankee: The Costs of Nuclear” 

The initial short-range solutions are in.  Quick, effective and clean.  Unanimous agreement on a suite of projects to move forward to help people get around in Chittenden County. 

When Vermont’s Governor, Peter Shumlin announced in May that the “Circ Highway” - an expensive, polluting and outdated ring-road around Burlington – would not be built as planned, he set in motion a Task Force to develop short, medium and long range solutions.  Since the summer the Task Force has been meeting and working.  Despite bumps, potholes and diversions in the form of more limited time and money because of the need to address problems that arose from managing the chaos Hurricane Irene left Vermont, the Task Force forged ahead.  

Last week we agreed unanimously on 5 short-term projects to get started in the coming year.  They include some innovative and out-of-the-box projects like expanding park & ride opportunities for commuters by leasing spaces in key locations, as well as more traditional projects of bus shelters and intersection imprrovements.  One very exciting project would re-work the street grid in Essex Junction, turning a parking lot into a downtown street, converting “five corners” into “four corners,” enhancing the streetscape and improving commerce and living opportunities in this New England downtown. 

Conservation Law Foundation is excited to be working with Chittenden County communities, businesses and state officials to get people, goods and ideas moving.  We are off to a great start. 

You can learn more about the Circ Task Force’s work at its website. 

A Public Meeting to discuss and learn more about these projects will be held on Wednesday, December 14, 2011, 7:00 p.m. at the  Albany College of Pharmacy and Health Sciences in Colchester.

The State of Vermont and the owners of the Vermont Yankee nuclear power facility squared off in Federal Court this week.  It was a three day trial.  The days were long.  The testimony was often technical.  The lawyering was skilled.  Vermont Yankee’s owners say everything is about safety and only the federal government can regulate safety so Vermont’s laws are invalid.  It is a convoluted argument.  The dots don’t connect. 

Vermont’s able lawyers went toe-to-toe with the owners every step of the way.  The State has a strong case.  Vermonters by nature are frank and direct.  Our laws say what they mean and mean what they say.   There is no decade-long grand conspiracy to hide intentions.  The Vermont Legislature acted well within its rights. 

CLF has joined the case as a “friend of the court” and has filed legal pleadings supporting the state.  We are also representing Vermont Public Interest Research Group whose representatives joined me at the hearings, and logged daily accounts of the trial. 

The trial is over.  A decision is expected before the end of the year.  Stay tuned.