Entergy Corp. sues to keep Vermont Yankee open

www.chron.com: Entergy Corp. sues to keep Vermont Yankee open
MONTPELIER, Vt. — The owners of Vermont's troubled nuclear plant sued state officials Monday to stop them from closing the plant down next year, setting up a court fight about who has jurisdiction — the state or federal nuclear regulators.

Entergy Corp. has a new federal license in hand for the Vermont Yankee power plant, but state officials are vowing to shut it down next year. The company's federal lawsuit says Vermont's law giving it the power to block relicensing violates the Atomic Energy Act and the commerce clause of the U.S. Constitution.

Vermont contends it has the power to say no to a new operating permit for the 38-year-old plant, which sits on the banks of the Connecticut River in Vernon. Its current permit expires in March 2012. Last year, the state Senate voted 26-4 against allowing continued operation. Gov. Peter Shumlin is a staunch critic and wants it shut down.

The U.S. Nuclear Regulatory Commission granted the plant a new 20-year license last month, saying it could keep operating until 2032.

New Orleans-based Entergy, which has battled with state officials since the discovery of radioactive tritium last year, now says the state doesn't have the authority to prevent continued operation.

The civil suit, filed in U.S. District Court in Burlington by subsidiaries Entergy Nuclear Vermont Yankee and Entergy Nuclear Operations, names Gov. Peter Shumlin, state Attorney General William Sorrell and the members of the state Public Service Board as defendants.

"The question presented by this case is whether the state of Vermont ... may effectively veto the federal government's authorization to operate the Vermont Yankee Station through March 21, 2032," the lawsuit says. "The answer is no."

Shumlin didn't immediately respond to requests for comment Monday. He scheduled an afternoon news conference.

In a conference call, Entergy Corp. executive Richard Smith said the company didn't want to resort to litigation but felt it had to.

"We believe we have made every reasonable effort to accommodate the state of Vermont and its officials while allowing for the continued operation Vermont Yankee, an outcome that benefits all stakeholders, including Vermont consumers and the approximately 650 men and women who work at the plant," he said.

Vermont officials say state law gives the Legislature the say-so on Yankee's bid for a 20-year license extension.

"They're disobeying the law and they're asking the court to sanction their illegal activity," said Sandra Levine, senior staff attorney for the Conservation Law Foundation, a New England environmental advocacy group.