Timeline of CLF Advocacy on Vermont Yankee

2002 – Entergy Nuclear Vermont Yankee (ENVY) purchased the Vermont Yankee Nuclear Power facility from Vermont utilities.  The sale was approved by the Vermont Public Service Board and included an express and irrevocable agreement that the Board has authority to grant or deny approval of operation beyond March 2012.

2006 – The Vermont Legislature passed a law requiring approval of the Legislature before the Public Service Board could issue a new “certificate of public good.”  30 V.S.A. § 248(e)(2).

2007 – Cooling tower collapse.

2008 and 2009 – Following a request by ENVY the Public Service Board undertook proceedings to consider whether it should grant a new certificate of public good to allow operation of the facility after March 21, 2012.  During those proceedings, Conservation Law Foundation, Vermont Public Interest Research Group, and others showed that continued operation of the facility was not beneficial based on traditional state regulatory concerns regarding economics and power supply, including the inadequacy of the decommissioning funds and the uncertainty of waste disposal which presented economic and power supply risks.

January 2010 – The public was notified about leaks at the Vermont Yankee facility that were contaminating the groundwater and soils at the site.  ENVY admitted that the leaks had been ongoing since at least November 2009.   The sources of the leaks were underground pipes at the facility. In 2010 it was also revealed that ENVY witnesses provided false testimony to the Public Service Board during the certificate of public good proceeding.  ENVY witnesses had testified under oath that there were no underground pipes at the facility.  Following this news, a number of ENVY employees were suspended.

2010 – Based on independent state authority, the Board opened an investigation, which is still ongoing, into the leaks.  CLF presented expert testimony about the contamination from the leaks and the failures of ENVY to follow Vermont law.  The Board is considering whether the leaks violate ENVY’s current certificate of public good and if so, whether the plant should be shut down or the certificate of public good revoked or amended or other ameliorative action taken to address the leaks.

Following the news of the false testimony, the public and the Vermont Legislature lost faith in the ability of ENVY to responsibly manage the facility.

February 2010 – In an historic vote, the Vermont Senate declined to approve a bill that continued operation would promote the general good of the state.

March 2011 – The Nuclear Regulatory Commission approves a twenty year license extension for Vermont Yankee.

April 2011 – ENVY brought suit challenging Vermont’s authority to have a say regarding continued operation of Vermont Yankee.  This suit was brought more than one year after the Vermont Senate vote, more than three years after Plaintiffs’ request of the Public Service Board for a new certificate of public good allowing continued operation, and more than five years after the Vermont statute requiring legislative approval.

May 2011 – State of Vermont and New England Coalition appeal NRC license.  NRC license was issued without the required water quality certification. CLF represents the New England Coalition.

July 2011 – Court denies ENVY request for a preliminary injunction to allow the plant to keep operating until a final court decision is issued.

Sept 2011 – Court hearings in Brattleboro Vermont.

Nov 2011 – CLF briefs filed with the DC Circuit Court of Appeals on behalf of the New England Coalition in NRC appeal.