Keeping the lights on shouldn’t be this difficult. The response by Entergy to the outage at the Super Bowl is very reminiscent of the responses by Entergy to the many problems at its Vermont Yankee nuclear plant. It boils down to a piece of equipment failed and the power went out. A repeated problem at Vermont Yankee has been equipment failures – from cooling tower collapses to leaking pipes.

Sure problems happen, but c’mon. Enough already. The problem is that the same company that can’t keep the lights on for the Super Bowl is also challenged to keep its nuclear fleet running smoothly.

Even without news of the Super Bowl outage, UBS issued another report  about the shaky financial future of Vermont Yankee. The report states:

“We continue to believe Entergy is likely to decommission at least one of its units, such as Vermont Yankee, in 2013. We anticipate the process of decommissioning will become of greater importance to Entergy shareholders, as concerns around shareholder-financed contributions to decommissioning funds continue to garner concern.”

The financial outlook looks bleak. Meanwhile, next week hearings begin at the Vermont Public Service Board about Vermont Yankee’s future. Entergy has money to keep four law firms employed working on the case. That money would be better spent closing the plant and cleaning up the site.

Environmental issues span the globe. When it comes to nuclear power, global action is needed. That’s why it was a privilege for CLF advocates to meet with a number of environmental lawyers from Japan, many of whom are members of the Japan Environmental Lawyers Federation.

The tragedy of Fukushima shows the need for the US to stop giving nuclear power a free pass. Just yesterday another mishap at the accident-prone Vermont Yankee facility resulted in the draining of some of the radioactive cooling water. Enough already.

Our conversation addressed how environmental groups operate. We also touched on some of the litigation tools available to protect our environment from the risks of nuclear power – from problems with the storage of waste, the possibilities of accidents, and the economic problems that nuclear power creates.

Our colleagues in Japan have a far keener sense of how important this work is. As different as our legal systems are, it was interesting to find the similarities as well, including how challenging it is to navigate the interplay of state or local government oversight with federal regulations.

The attorneys shared with CLF MA advocate Jenny Rushlow that most Japanese attorneys interested in practicing environmental law are only able to dedicate a small percentage of their time to environmental cases, as it is difficult to find compensation for that work. As a result, the attorneys we met with mostly take on environmental cases on a volunteer basis. The group reported on a number of high impact cases, including a current lawsuit aimed at classifying carbon dioxide as a pollutant, much like the Massachusetts v. EPA case.

In a world where messages are sent instantaneously, it is hard to believe the time to consider (again) whether the continued operation of Vermont Yankee is good for Vermont would take more than a year.

Entergy, Vermont Yankee’s owners, proposed a schedule to Vermont regulators that would have the case completed in just over eighteen months.  

CLF argued for a shorter schedule noting that Entergy’s schedule was “roughly equivalent to the gestation period for elephants.”  This is simply too long.

Most cases, including the previous Vermont Yankee proceeding at the Public Service Board and the recent federal trial for Vermont Yankee were completed in far less time. 

In its ruling on May 4, the Vermont Public Service Board accepted the longer time-frame Entergy requested. It also provides for two separate rounds of hearings – one in February and a second in June. The Board also scheduled two public hearings where anyone interested can weigh in and provide input to the Board on whether Vermont Yankee should retire.

Entergy’s foot dragging means Vermonters will wait an extra eighteen months before seeing this tired, old and polluting nuclear plant closed. That’s too bad. Especially since the plant was supposed to close on March 21, 2012.

photo credit: stuck in customs, flickr

The two sets of hearings suggest the there will be a very thorough review and the Board, which likely will take a very active role in the hearings.

The thoroughness is good. It just shouldn’t have to take this long.

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.

The current situation at the Fukushima nuclear power plant in Japan has shone a spotlight on the risks associated with nuclear power. (Photo credit: PACOM, flickr)

In conjunction with a Massachusetts legislative hearing held today on nuclear power in New England, and with the Fukushima debacle still unfolding in Japan, CLF President John Kassel prevailed upon state and federal leaders to answer this wake-up call and take appropriate measures to avoid a similar crisis in New England or anywhere in the United States.

“Several of New England’s remaining nuclear power plants are on their last legs and continuing to prop them up at the taxpayers’ expense is not a viable long-term strategy,” Kassel said. “In the interest of public safety, these aging plants must comply with the latest safety standards within six months, or shut down. In addition, plant owners need to take immediate steps – at their expense – to better secure the radioactive waste now stored at these facilities. The notion that new nuclear power plants should be a cornerstone of our national energy policy is grossly irresponsible as long as there is no solution to the radioactive waste problem.” More >