Photo from the Nuclear Regulatory Commission

On June 4, Judge Reiss of the Federal District Court in Burlington, Vermont will take up the latest lawsuit from Vermont Yankee’s owners. Once again, Entergy, the owner and operator of Vermont’s tired old nuclear plant, is asking a federal court to give it a free pass.

Entergy wants to stop Vermont regulators from having any say over its operations.

This latest skirmish involves the building of a back-up diesel generator. Entergy claims the Nuclear Regulatory Commission requires the generator and that Vermont is getting in its way. It needs the Federal Court to stop any Vermont review of the proposal.

Hold on. Vermont’s regulators already issued a proposal that would approve the generator. The only deadline is one that is self-imposed by Entergy. The current schedule allows a final decision even before Entergy’s self-proclaimed “deadline.”

So what’s this really about? Entergy’s world view seems to suggest that the less oversight it has the better. But that’s not good for Vermont. The federal court should see through Entergy’s antics and allow the Vermont proceedings to continue.

You can read Entergy’s Complaint here and the State’s reply here.

Can the Vermont Public Service Board determine the meaning of its own orders? The answer would seem to be “Of Course!” But that is the question that Vermont Yankee’s owners are putting before the Vermont Supreme Court.

In two orders the Vermont Public Service Board issued a strong rebuke to Entergy.

The Board refused to amend its prior orders and confirmed that the conditions of Entergy’s permits remain intact. Those conditions include that Entergy will not operate Vermont Yankee past March 2012 without new approval from the Board.

Entergy brought this appeal to challenge those orders.

On Monday Conservation Law Foundation’s brief, filed jointly with New England Coalition and Vermont Public Interest Research Group challenged Entergy’s claims. Our brief noted:

Rather than comply with the conditions … and Board orders that were not appealed, Entergy instead seeks to ignore Vermont law and expand the application of this simple statute to sanction continued operation regardless of the current license requirements and prior commitments that were incorporated into the Board’s Order approving the sale of the plant to Entergy.

The State of Vermont also filed a brief opposing Entergy’s appeal.

It seems obvious that Entergy should be held to its commitments. We gave the Vermont Supreme Court some good arguments to encourage it to agree with us. Entergy will file a reply brief next month and a decision is expected within a year.

photo courtesy of Shannon Henry @ flickr.com

The past few weeks have not been kind to Vermont Yankee or its owners. Investment analysts continue to raise doubts about Yankee’s economic future. It is costing more to run the plant and its future looks bleak.

In Vermont, hearings began last week before the Public Service Board on whether state approval should be granted. Entergy’s four – that’s right, four – law firms are packing the hearing room, but the plethora of high-priced lawyers are having a hard time showing that Vermont will be better off to keep the plant running. Much of their time is spent raising objections and claiming nearly every matter is out of bounds, and cannot be considered by the Board.

The Board must decide if continued operation is in Vermont’s best interests. Matters of radiological safety cannot be considered by the state board, but matters of economics, power supply and the environment are fair game.

During the first week of hearings, Vermont Yankee’s witnesses were on the stand. It was an impressive collection of corporate executives, economists, professors and power professionals. Their testimony had been previously submitted in writing. The hearings allowed the Board and the parties to ask questions.

Just like the tired old plant, the questions revealed real cracks in Vermont Yankee’s claims. One of Entergy’s top executives acknowledged “very serious issues” regarding “misinformation” about the existence of underground pipes at the plant in 2010. He also acknowledged a number of past incidents where penalties had been imposed for failing to follow required rules.

On power supply, the plant is not needed for reliability. The lights will still stay on without Vermont Yankee. There is an excess of power available in New England and the growth in renewables alone over the next decade is greater than the total output of Vermont Yankee.

When asked about environmental problems at the plant, Entergy’s executive confessed he is not an expert on environmental law noting he took that class “Pass/Fail” in law school. Too bad. Vermont deserves better.

Hearings continue February 19 at the Vermont Public Service Board, and are expected to finish February 25. The Board has asked for additional Entergy witnesses to explain how it has complied with prior commitments and also about events that happened in 2010. The State of Vermont, Conservation Law Foundation and the other parties will then make available their witnesses who will answer questions about power supply, the environment and economics.