Vermont Supreme Court Reviews Vermont Yankee

Sandy Levine | @CLFLevine

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.

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