CLF and VPIRG Support Vermont in Opposing Entergy’s Request to Continue to Operate Vermont Yankee

Groups File Joint “Friend of the Court” Brief in Vermont Yankee Case; Massachusetts, New England Coalition Also Expected to File

MONTPELIER, VT  May 31, 2011—Conservation Law Foundation (CLF) and Vermont Public Interest Group (VPIRG) today jointly filed an “amicus” or “friend of the court” brief in support of Vermont’s opposition to Entergy’s request for a preliminary injunction in its pending lawsuit against the state. The groups’ filing stated that Entergy has failed to demonstrate the prerequisites needed for a preliminary injunction. In April, Entergy requested a court order to allow Vermont Yankee to continue to operate while the lawsuit regarding jurisdiction over its license renewal plays out (see Background below).

The brief states that Entergy’s own actions over the past several years preclude it from receiving a court order allowing the plant to continue to operate:

First, the groups argue that Entergy does not meet the requirement for irreparable harm because of pending appeals and Entergy’s own failure to obtain the necessary water quality certification from the state of Vermont, a violation of federal law. The Nuclear Regulatory Commission’s (NRC) March 2011 approval of the license for Vermont Yankee is now under judicial review. The State of Vermont and the New England Coalition have each challenged the NRC license renewal in the D.C. Circuit Court of Appeals. Those appeals call into question the validity of the NRC license and preclude any finding of irreparable harm.

The groups argued further that Entergy is not likely to succeed on the merits because Vermont acted well within its authority and its actions are not preempted by Federal law. The brief details how Vermont is well within its rights to deny a new certificate for Vermont Yankee to keep operating based on Entergy’s untrustworthy actions stemming from false testimony, leaks at the plant and broken promises related to the sale of the plant to Entergy.

Sandra Levine, senior attorney at CLF Vermont stated, “As we note in the brief, ‘If land surveyors, architects, plumbers and physician’s assistants can lose or be denied a license for making a material misrepresentation, less cannot be expected or required of nuclear facility operators. It is wholly within traditional state authority to deny a new certificate of public good for a nuclear facility based on the misrepresentations and untrustworthiness of the owner and operator.’”

James Moore, Clean Energy Program Director for VPIRG stated:  “Time and again, Entergy has shown it is not trustworthy. This brief points out how hollow Entergy’s claims are in terms of economics, power supply and reliability.”

Background

By the terms of a Vermont law passed in 2006, as well as the 2002 approval of the sale of Vermont Yankee, and a 2002 express agreement with Entergy, approval by Vermont is needed for the plant to continue to operate after 2012.

In 2002, the Vermont Public Service Board approved the sale of the Vermont Yankee facility to Entergy. The sale included an agreement by Entergy not to operate the plant after 2012, when its license expires, without obtaining regulatory approval from the Vermont Public Service Board.

Concerned about whether it would be good for Vermont if Vermont Yankee to operated past 2012, the Vermont Legislature passed a law in 2006 requiring approval of the Legislature before the Public Service Board could issue a new license. In 2008 and 2009 proceedings were underway at the Public Service Board to consider a license extension.  In an historic vote in 2010 the Vermont Senate declined approval. This lawsuit is a direct challenge to Vermont’s authority to regulate and license the power generation facilities operating in the state.

Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.

The common mission of VPIRG and VPIREF is to promote and protect the health of Vermont’s people, environment and locally-based economy by informing and mobilizing citizens statewide.  Founded in 1972, VPIRG is a nonprofit member-supported organization with more than 14,000 active members and supporters in Vermont.